Domestic violence is a harrowing experience and for victims, the challenges often extend beyond the immediate threat to their safety.
For tenants in New South Wales (NSW), navigating rental agreements while dealing with domestic violence can feel overwhelming.
Fortunately, the NSW government has implemented laws to protect tenants in such circumstances, ensuring their safety and rights are prioritised.
Ending a Tenancy Due to Domestic Violence
If you or your dependent child are experiencing domestic violence, you have the right to end your tenancy immediately and without penalty.
This provision is designed to allow victims to leave unsafe environments without the added stress of financial or legal repercussions.
To terminate a lease under these circumstances, you must provide a Domestic Violence Termination Notice to your landlord or agent.
This notice must include one of the following forms of evidence:
1. A certificate of conviction for a domestic violence offence;
2. A provisional, interim or final Domestic Violence Order (DVO);
3. A family law injunction;
4. A declaration from a “competent person,” such as a registered health practitioner, social worker or other authorized professional, stating that you are a victim of domestic violence.
There is no minimum notice period required, and the termination date can be the same day the notice is given.
Staying in the Rental Property
If you wish to remain in the rental property but need to remove the perpetrator, there are legal avenues available. For example, if a final Apprehended Violence Order (AVO) excludes the perpetrator from accessing the property, their tenancy will automatically end.
The tenancy can then transfer to any remaining co-tenants listed on the agreement. If you are not already listed as a tenant, you can request to be added to the tenancy agreement.
If the landlord refuses, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to be recognised as a tenant under the original agreement.
You also have the right to change locks or install other security devices to enhance your safety. It is advisable to liaise with your landlord or agent about these changes.
Financial Considerations
Victims of domestic violence are not liable for property damage caused by the perpetrator. This protection ensures that victims are not unfairly burdened with repair costs for damages they did not cause.
To help demonstrate you’re not responsible, ensure to keep adequate records and police reports of any damage caused by a domestic violence incident.
If you leave belongings behind when fleeing the property, there are also specific rules governing how these items are handled, providing additional safeguards for victims.
Seeking Support
Navigating these processes can be daunting, but you don’t have to do it alone. There are numerous support services available to assist domestic violence victims in NSW.
The Domestic Violence Helpline (1800 656 463) offers free crisis counselling and referrals to relevant services.
Organisations like Women’s Domestic Violence Court Advocacy Services provide support for victims navigating the legal system.
Final Thoughts
The laws in NSW are designed to empower domestic violence victims, giving them the tools and protections needed to escape unsafe situations and rebuild their lives.
For more detailed information, you can visit the NSW Government’s official page on domestic violence tenancy laws, here: https://www.nsw.gov.au/housing-and-construction/renting-a-place-to-live/domestic-violence-a-rental-property
