27 September 2023

Tenancy family violence laws to be reviewed

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Consumer Protection is reviewing special provisions in tenancy laws aimed at helping home or apartment renters who find themselves in situations of family and domestic violence (FDV).

The aim of the agency’s statutory review is to determine whether the laws need to be fine-tuned.

Consumer Protection is to begin a community consultation campaign, seeking feedback about the effectiveness of the FDV provisions, while assessing the impact they have had on affected tenants and landlords.

In a statement, Consumer Protection said changes to the Residential Tenancies Act and the Residential Parks (Long-stay Tenants) Act came into effect in April 2019, allowing tenants fearing for their or their children’s safety to end a tenancy agreement early without the need to go to court.

“This statutory review of the FDV provisions is separate to the wider review of the Residential Tenancy Act currently under way,” Consumer Protection said.

“To break a lease early due to FDV, victim-survivors can fill out a form giving the landlord at least seven days’ notice that they wish to end the tenancy early and provide a family violence report as evidence.”

It said there was also the option, in the case of a co-tenancy, for the victim-survivor to apply to the court to have the perpetrator’s name removed from the lease so that the victim-survivor could remain in their rental home.

“The review will focus on whether the laws are working as intended to support affected renters and will also examine how landlords are impacted in areas such as recovering debts owed by tenants and making claims on insurance,” Consumer Protection said.

A consultation paper on the tenancy laws can be accessed on the Consumer Protection website at this PS News link.

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