Ending a Tenancy

Tenancy reforms for victims of domestic violence living in a rented property started on 28 February 2019.

These laws allow a tenant to end their tenancy immediately, without penalty, if they or their dependent child are in circumstances of domestic violence

Ending a tenancy in circumstances of domestic violence

A tenant can end their fixed-term or periodic tenancy immediately, without penalty, if the tenant or their dependent child is in circumstances of domestic violence. A tenant or their dependent child is in circumstances of domestic violence if they:

• were the victim of a domestic violence offence during the tenancy
• are protected by an in-force provisional, interim or final Domestic Violence Order (DVO)
• are protected against family violence by an in-force family law injunction
• have been declared by a medical practitioner to be a victim of domestic violence perpetrated by the relevant domestic violence offender during the current tenancy.

To end a tenancy due to domestic violence, a tenant will need to give:

• the landlord or the landlord’s agent a domestic violence termination notice and attach a form of evidence
• A minimum notice period is not required in such circumstances. The termination notice must include a termination date, which can be on the same day that the notice is given or a date after the notice is given.

Victims cannot be penalised for ending their tenancy early

• A tenant who ends their tenancy in circumstances of domestic violence is not liable to pay any compensation or additional money for the early termination. For example, a victim does not need to pay a break fee, loss of rent, advertising and a reletting fee or an occupation fee for abandoned goods.

After a tenant gives a domestic violence termination notice, a co-tenant who remains in the tenancy:

• may apply to the Tribunal to end their tenancy
• is entitled to a 2-week period to only pay a portion of the rent and is not required to cover the departing victim’s share. This only applies if the remaining co-tenant is not the perpetrator of domestic violence.

In addition to the above rights, the rights and responsibilities under existing tenancy laws still apply to co-tenants.

Source: www.fairtrading.nsw.gov.au