While the shake-up of the Residential Tenancies Amendment Act came into effect in February, there are still two key changes coming in August, both relating to violence.
The upcoming regulations will deliver specifics relating to clauses currently in the Act. What you need to know now is the following:
Physical Assault
If a tenant assaults the landlord or owner, a member of the landlord or owner’s family, or an agent working on behalf of the landlord, the landlord can then issue a 14-day notice to end the tenancy.
There is a catch: a formal charge will need to be laid by the Police. But, once the Police have done their part you won’t need to go through the Tribunal to remove the tenant.
The landlord has an obligation to inform the tenant of their right to apply to the Tenancy Tribunal to challenge the notice, should they choose.
If the tenant wants to challenge their eviction the landlord will then need to work with the Tribunal. In this instance, their tenancy won’t end unless there is a Tenancy Tribunal order.
We expect the upcoming release of these new regulations will clarify exactly what is required from a landlord to complete a 14-day termination relating to physical assault.
Landlords can still work with the Tenancy Tribunal to end a tenancy until these regulations are finalised.
Family Violence
These updated regulations will provide more detail on the clauses already in the Act, enabling victims of family violence to quickly leave a tenancy for their safety.
Once this regulation comes into effect a tenant dealing with domestic violence during their tenancy can withdraw from that tenancy by giving the landlord at least two days’ notice.
The new regulations will outline what the tenant will need to include in a family violence withdrawal notice, and the appropriate forms of evidence required.
When living in a shared tenancy arrangement things can get a little tricky. The person leaving the tenancy must notify the remaining tenants within two days of withdrawing, but they don’t need to say why.
The remaining tenants will receive a rent reduction for two weeks following the withdrawal, to give them time to find a replacement tenant. The law outlines how the reduction should be calculated.
The rent reduction won’t apply if they are paying income-related rent. In this case, the remaining tenants should talk to their landlord.
If the person experiencing family violence is the only tenant, then the tenancy will simply end.
The landlord will need to be respectful of confidentiality about the tenant unless they’re seeking legal advice about the matter.
For general advice on changes to the act, you can contact your Property Manager, or email us at [email protected].
