Professionals Gosford Tenancy reforms to help victims of domestic violence
In February, new laws came into effect in NSW allowing tenants to end their tenancy immediately and without penalty in cases of domestic violence affecting themselves or their children. These amendments have resulted from review of the Residential Tenancies Act of 2010 and are enacted to provide victims with empowerment and to improve their safety through these difficult situations. Coupled with these progressive reforms are changes that landlords and property managers need to be aware of.
Ending a tenancy agreement in circumstances of domestic violence
Fixed-term or periodic tenancies can be terminated if a tenant and/or their dependent child are deemed to be victims of domestic violence. To end a tenancy in these situations, the tenant must provide the landlord or the property manager a domestic violence termination notice that includes supportive evidence, which can include a certificate of conviction for the offence, family law injunction, a Domestic Violence Order, or a declaration from a medical practitioner.
Importantly, victims cannot be penalised for early termination of their tenancy and are not liable to pay compensation or additional money as a result (e.g. victims do not need to pay a break fee, loss of rent, or re-letting fee). In addition, the privacy of victims must be protected so that their ability to secure a future rental property is not adversely affected by the termination notice(e.g. landlords and agents are not allowed to list tenants who ended their agreement because of domestic violence on a tenancy database).
Challenging a domestic violence termination and co-tenant rights
A landlord and remaining co-tenants can apply to the NSW Civil Administrative Tribunal for disputes regarding the validity of a domestic violence termination notice. The Tribunal will only consider whether the notice was properly given under tenancy laws; the contents of a declaration cannot be disputed if they are evidentiary. In addition, any co-tenants who are not the perpetrators and who are remaining in the tenancy can apply to end their tenancy and are entitled to a 2-week grace period to pay only their portion of the rent.
Tenancies involving the perpetrator
A perpetrator’s co-tenancy is automatically terminated if a final Apprehended Violence Order is issued prohibiting access to the property, with the tenancy transferring to the remaining co-tenants. In other situations(e.g. if an Order has not been issued or the perpetrator has not been barred from the property), another co-tenant can apply to the Tribunal to end the perpetrator’s tenancy.
Improving safety of victims
While landlord consent is usually needed before locks or security devices are changed, in cases of domestic violence, tenants are permitted to do so under reasonable or emergency circumstances. The tenant will need to provide a set of the new keys to the landlord or agent within 7 days and changing the locks in these situations does not change the tenancy agreement.
For more information please consult fairtrading.nsw.gov.au.