Regulations on family violence and assaults at tenancies explained

The law changes took effect in August last year but the regulations are effective from December 29 this year.

The Residential Tenancies Act allows for a tenancy to be ended in the following circumstances:

Family violence: a tenant who experiences family violence during a tenancy can remove themselves from the tenancy by giving the landlord at least two days written notice in the approved form (with qualifying evidence of family violence) without financial penalty or the need for agreement from the landlord. This applies to both fixed-term and periodic tenancy agreements. Victims of family violence do not need to apply to the Tenancy Tribunal to end their tenancy.

The qualifying evidence includes a statutory declaration from the withdrawing tenant, a written statement from a prescribed person, or a qualifying police document and must be sent with the notice to withdraw when provided to the landlord.

Physical assault: a landlord can give written notice of at least 14 days in the approved form to terminate a tenancy, if the tenant has physically assaulted the landlord, the owner, a member of the landlord or owner’s family, or the landlord’s agent, and the Police have filed a charge against the tenant in respect of the assault. Landlords will need to provide qualifying evidence of the charge being filed.

For landlords qualifying evidence, for example, is the charging document or a letter from Police that a charge has been made against the tenant, will need to accompany the notice to terminate.