Changes are happening to the Residential Tenancies Act 1986 (RTA) with respect to victims of family violence, and getting these regulations right is vitally important.
A tenant can give their landlord a family violence withdrawal notice and leave a tenancy at short notice, and expect it to take effect.
Likewise, a landlord or Property Manager can serve a termination notice on a tenant if the tenant physically assaults them or a member of their family. The Police file a charge related to the assault, and the notice attaches a form of evidence the Police have filed a charge.
For family violence withdrawal notices, the notice must attach at least one form of evidence that the tenant has experienced family violence during the tenancy.
In the absence of regulations, examples of acceptable evidence could include:
- A letter or email from a medical professional (for example, a doctor or nurse), a social worker or a family violence service provider.
- A Police Safety Order, a Protection Order or a charging document relating to the family violence that was issued during the tenancy.
We anticipate that the options for qualifying evidence of family violence will be significantly broader in the regulations than currently provided for in guidance.
For physical assault termination notices, the notice must attach at least one form of evidence that the Police filed an assault charge.
In the absence of regulations, examples of evidence could include:
- Police charging documents in respect of the assault.
- Written confirmation from police that charges for assault have been filed.
The regulations will be in place as soon as possible to provide clarity and ensure the provisions operate in accordance with Parliament’s intentions.
In the meantime, the Tenancy Tribunal will continue to decide any matter before it based on the facts of the case, including tenancy disputes involving family violence or terminations for assault.
New regulations are expected to be in place in early 2023.
