Ending a tenancy because of family violence

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, their child or dependant has been a victim of family violence while they were a tenant of the premises.

 Delivering the notice to the landlord

The withdrawal notice and evidence can be posted, emailed or hand delivered to the tenant’s landlord using the address for service options provided in the tenancy agreement. Someone can do this on the withdrawing tenant’s behalf.

This notice is considered delivered and received by the landlord as soon as it is posted or otherwise delivered (unlike other termination notices). The notice period starts the following day.

Qualifying evidence of family violence can be any one of the following:

• a statutory declaration from the withdrawing tenant
  
  • a template statutory declaration form is available from Tenancy Services
• a copy of the first page of a Protection Order
• a copy of a Police Safety Order
• a 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). People who can provide this evidence include medical professionals, counsellors, social workers, support and case workers, Māori community workers and wardens, religious leaders and the tenant’s employer.

The landlord must treat the tenant’s withdrawal notice and evidence as confidential. They must not disclose any information unless they have the tenant’s permission, are seeking legal advice or undertaking legal proceedings, are required to by law or are permitted to under the Residential Tenancies Act.

They could be fined if they unlawfully disclose any of the information.

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.

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 tell the remaining tenants why they are leaving or provide 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 tenancy 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 normally 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.

If the remaining tenants are concerned about whether they can afford to continue to rent the property, they could consider making an application to the Tenancy Tribunal to end the tenancy because of unreasonable hardship.