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Szabo & Associates News & Updates

The latest News & Updates from Szabo & Associates
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Victims of domestic violence protected by new rental laws

An amendment to rental laws which allows victims of domestic violence to break their lease immediately has been welcomed as ‘one less problem’ for those trying to escape violent homes.

Passed by the NSW government in October 2018, this legislative amendment is part of a more extensive package of rental reforms which are said to come into effect as of 28 February 2019. To provide real estate agents, tenants and landlords with specific details of the reforms and how they relate to the Residential Tenancies Agreement (Circumstances of Domestic Violence) Regulation 2018, the NSW Department of Fair Trading are holding a free webinar this upcoming Wednesday (30th January 2019).

What are the current laws for breaking a lease as a domestic violence victim?

As it stands, victims of domestic violence must give 14 days’ notice to break a fixed-term lease and will face financial penalties for doing so.

The amendment to the law will mean that domestic violence victims will not be liable for any damage to the property that was caused by the perpetrator. Karen Wills, Rape and Domestic Violence Services Australia executive officer, explained how the current law could hinder the reputation of these victims as tenants:

“When the lease is either in her name or in both names, any damage to the property she can be liable for as well and end up on a bad renters list, and then getting another place to live can be a challenge.”

This rental reform also means that victims can break their lease immediately without being penalised for ending their tenancy early. The tenant will need to provide:

  • a domestic violence termination notice to each co-tenant
  • a domestic violence termination notice to the landlord/agent and attach one of the following permitted forms of evidence:
  • certificate of conviction for the domestic violence offence
  • family law injunction
  • provisional, interim or final Domestic Violence Order
  • declaration made by a medical practitioner (GP, doctors in a hospital and all medical specialists, such as psychiatrists) in the prescribed form

This is part of a more substantial reform to change residential tenancy laws to get a better balance of tenant and landlord rights.

The other reforms include:

  • better protection for tenants to ensure their rented properties meet the basic living standards, such as access to electricity and adequate plumbing,
  • restricting increases to rent to once every 12 months,
  • mandatory set fees for breaking fixed-term leases.

You can read more about these reforms in a previous blog here.

Contact Us

Szabo & Associates, Solicitors can provide you with expert advice on a wide range of family law matters, including domestic violencedivorce and separation, prenuptial agreements, child custodychild support and spousal maintenance. Please call us today on 02 9281 5088 or fill in our online contact form.

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