Tenancy reforms for victims of domestic violence living in a rented property started on 28 February 2019.
The new laws are designed to strengthen protection for tenants who fall victim to domestic violence.
These protections are as follows;
- Tenants can end a tenancy immediately without penalty if they (or their dependent child) is a victim of domestic violence.
To do so, tenants must provide appropriate documentation to the Landlord or Landlords Agent in the form of a "domestic violence termination notice" along with either a "Domestic Violence Order" (note that this is not an AVO), an approved "Medical Officer Certificate", a family law injunction or a certificate of conviction for the DV offence.
The validity of such notices will be able to be disputed at NCAT.
- Tenants will not be able to be charged a break lease fee or an occupation fee for abandoned goods – only rent up until the end of occupation.
- Victims privacy is protected – it is not permitted to list a tenant on a tenancy database nor disclose that a domestic tenancy occurred to another person via a tenancy reference check. This is avoid discrimination and to protect the victims safety.
- Victims not liable for property damage – Victims & co-tenants (who are not the perpetrator) will not be liable for damage caused by a perpetrator as part of a DV incident. The perpetrator WILL be liable
- Rights of remaining co-tenants – a co-tenant may apply to Tribunal to end the tenancy. They are also only required to pay their share of rent for a 2 week period and NOT the victims share of the rent, unless they are the perpetrator in which case they must pay the full rental amount. Example: tenant 1 pays $300pw and co-tenant pays $200pw. Tenant 1 issues a DV termination notice and moves out – tenant 2 pays only $200pw rent for 2 weeks.
For More information please visit: https://www.fairtrading.nsw.gov.au/news-and-updates/news/strengthened-tenancy-laws-for-victims-of-domestic-violence-start-on-28-february-2019