Family Violence
Tenant can give two days’ notice of withdrawal from tenancy
Where a tenant is experiencing family violence, the law allows them to give their landlord two days’ notice that they are withdrawing from the tenancy (s 56B RTA). This law applies to both fixed-term and periodic tenancy agreements. It means that the tenant’s obligations under the tenancy agreement come to an end – they do not have to have the landlord’s agreement and the tenant will not be financially penalised. This is to support survivors of family violence to leave their tenancy quickly without having to worry about liability for ongoing rent payments.
Requirements for withdrawal notice
The requirements for the withdrawal notice are set out in the Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022.
The notice has to include:
- the name of the withdrawing tenant,
- the address of the tenancy they are withdrawing from, and
- the date the withdrawal will take effect.
This notice must be accompanied by qualifying evidence that the tenant has been a victim of family violence while they were a tenant of the premises.
Withdrawal Notice must be on the Approved Form
A withdrawal notice must be on the Approved Form provided by Tenancy Services (s 56B RTA).
Approved form for family violence withdrawal notice and qualifying evidence [DOCX, 93 KB]
Approved form for family violence withdrawal notice and qualifying evidence [PDF, 494 KB]]
Delivering the notice to the landlord
The withdrawal notice and evidence can be given to the tenant’s landlord by: posting or emailing it to them, or by hand-delivery. Someone can do this on the withdrawing tenant’s behalf.
Qualifying evidence of family violence
Qualifying evidence of family violence can be any of the following:
- Statutory declaration from the withdrawing tenant
- Here is a template statutory declaration form provided by Tenancy Services
- Copy of the first page of a Protection Order
- Copy of a Police Safety Order
- Copy of a charging document relating to family violence against the withdrawing tenant
- A statutory declaration, or a written statement in the Approved Form, from a person specified as able to provide evidence of family violence (as defined in section 8 of the regulations).
Withdrawal notice and evidence is confidential
The landlord must treat the tenant’s withdrawal notice and evidence as confidential. They could be fined $3,000 if they unlawfully disclose any of the information.
Challenge by landlord
A landlord may not challenge whether the family violence did or did not take place.
If the documents are not completed properly or are not completed by a prescribed person, the landlord can challenge the notice by filing an application in the Tenancy Tribunal.
What happens for other tenants?
Giving notice to the other tenants
If there are other people named on the tenancy agreement, the withdrawing tenant needs to let them know they have moved out within two days after they leave the tenancy. They can do this by post or email or someone dropping the notice off for them. The withdrawing tenant doesn’t have to give the remaining tenants any information about the family violence.
If the withdrawing tenant doesn’t give notice to the other tenants, this doesn’t affect the validity of their withdrawal from the tenancy.
What happens after the withdrawal notice takes effect?
If the tenant who withdraws is the only one on the tenancy agreement, then the tenancy will come to an end. Any remaining flatmates will have to negotiate with the landlord about whether they are able to stay on under a new tenancy agreement.
If there are other tenants on the agreement who are still living in the property, they are entitled to pay a reduced amount of rent for two weeks (s 56B(5) RTA). This is to give them time to sort out what they will do next.
The formula for the rent reduction is:
A = B ÷ C × D
where:
- A is the rent payable for the 2-week period
- B is the rent that would otherwise have been payable for the 2-week period
- C is the number of tenants immediately before the withdrawal
- D is the number of remaining tenants.
Example of calculating remaining rent
The rent on the property is $600/week. The withdrawing tenant is leaving their ex-partner and one other tenant in the property. Therefore:
B = $1,200 ($600 x 2 for fortnightly rent)
C = 3 tenants total
D = 2 remaining tenants after the withdrawing tenant leaves
A = B ÷ C x D= $1,200 ÷ 3 x 2
= $400 x 2 = $800
The remaining two tenants will have to pay $800 rent for the two weeks ($400/week) after the withdrawal notice takes effect.
If the remaining tenants are concerned about whether they can continue to rent the property, they could consider making an application to the Tenancy Tribunal to end the tenancy because of unreasonable hardship.
Rent adjustment does not apply to people who pay income-related rent
Note: The 14-day rent adjustment period above does not apply to tenants who pay income-related rent or are in a Public and Community Housing Management Act (PACHMA) tenancy. In these cases, tenants should discuss with their landlord how their circumstances have changed, such as their household income.
Did you find this information helpful?
