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Domestic violence residential tenancy law changes

Steve Borg

Domestic violence residential tenancy law changes

On 11 December 2020, further changes to domestic violence tenancy laws started.

From this date, more professionals can help tenants escape a domestic violence situation in a rented home by making a declaration.

A tenant can end their fixed-term or periodic tenancy immediately and without penalty if they or their dependent child is in a domestic violence situation.

To do this, a tenant needs to give their landlord or agent a termination notice and certain evidence.

Since February 2019, medical practitioners could make a declaration as evidence that a tenant is in a domestic violence situation.

Starting 11 December 2020, a wider range of professionals, known as competent persons, can also make a declaration:

  • health practitioners who hold general or specialist registration under the Health Practitioner Regulation National Law (NSW). For example nurses, psychologists, paramedics, physiotherapists and more

  • social workers who are a member of the Australian Association of Social Workers

  • NSW government employees working in child protection

  • employees of non-government agencies that receive government funding to provide services for victims of domestic violence/sexual assault or refuge/emergency accommodation

  • approved counsellors under the Victims Rights and Support Act 2013.

The changes will ensure that tenants who are in this situation can seek help from a broader range of professionals.


For more info please visit https://www.fairtrading.nsw.gov.au/about-fair-trading/legislation-and-publications/changes-to-legislation/changes-to-the-residential-tenancy-laws

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