FAQs

Answering your frequently asked questions.

What if I do not know the tenant is subjected to FDV?

What if I do not know the tenant is subjected to FDV?
This is not your judgement to make. If you have received the appropriate notice, in writing, at least 7 days prior to the date the tenant is ending the tenancy and the notice is accompanied by one of the documents listed as prescribed documents, you are required to follow the legal process for ending the tenancy.

How do I know if the tenant is subjected to FDV?

How do I know if the tenant is subjected to FDV?
As a landlord, you do not need to make any judgement as to whether the tenant, or their dependent, is, or is likely to be, subjected or exposed to family violence, or whether it occurred in the property. You simply need to check you have received the appropriate notice, in writing, at least 7 days prior to the date the tenant is ending the tenancy and that the notice is accompanied by one of the documents listed above.

The tenant’s notice has been served incorrectly, do I have to challenge it?

The tenant’s notice has been served incorrectly, do I have to challenge it?
No, the landlord can still choose to accept the notice even if served incorrectly. The main circumstances in which you might wish to consider this course of action is if the notice period is too short. You may want to consider what your organisation’s policy should be if the notice is otherwise valid (e.g. accompanied with the correct documentation) but has not provide the required notice. Challenging the notice on this ground will require tenant to issue a new notice, with the correct notice period. Bear in mind that any co-tenants will also receive a copy of notice, so tenants are likely to want to keep the notice period as short as possible as they may be at risk during the notice period.

The tenant has given me 21 days’ notice (or more than 7 days), is this a problem?

The tenant has given me 21 days’ notice (or more than 7 days), is this a problem?
No, the tenant may give more than 7 days’ notice, and many may well do so to ensure there is no issue with the notice being correctly served. Whatever date the tenant gives is the date you must work towards for termination of the tenants’ interest in the tenancy.

The tenant lives in the property by themselves, so why does the tenant need to end the tenancy?

The tenant lives in the property by themselves, so why does the tenant need to end the tenancy?
The perpetrator of the violence does not have to have to be named on the lease for the victim tenant to apply for termination of their tenancy. It may be that a former partner has found out where the victim tenant lives, and the tenant is no longer safe in the house.

How is the 7 days’ notice calculated?

How is the 7 days’ notice calculated?
The first thing to note is it is 7 days not 7 business days. The notice you receive will specify a date for the tenant’s interest in the tenancy to end, which must be a date no earlier than the 8^th day from the date you received (or, if sent by post, are deemed to have received) the notice. It is invalid if a longer notice period has been provided. If the notice was posted, the tenant must allow time for you to receive it – at least 3 days for metropolitan mailing areas and 6 days for country mailing areas. In calculating the postal time, they must also allow for public holidays. Receiving less than 7 days’ notice is one of the few grounds on which a landlord can challenge the notice. A chart showing the counting days to when a tenant terminated their interest in a lease on the grounds of family and domestic violence can be found here.

How is the perpetrator’s interest in the tenancy ended?

How is the perpetrator’s interest in the tenancy ended?

The victim has the ability to remove an alleged perpetrator from a tenancy agreement and stay in the rental home if they choose, through application to the Magistrates Court (using a Residential Tenancies Form 12). The form can be found here. As a lessor/landlord you are entitled to participate in the court proceedings, and you will be notified of this through a notice of hearing with an attached copy of the court application. A chart showing the counting days of the court ordering a termination of a perpetrator tenant’s interest in a lease on the grounds of family and domestic violence can be found here.

What are the rules regarding changing the locks?

What are the rules regarding changing the locks?
The tenant may change the locks without a landlord’s permission, to prevent a perpetrator regaining access, as long as a copy of the keys are given to the landlord within 7 days.

What are the rules regarding alterations to the property?

What are the rules regarding alterations to the property?
The tenant has the right to improve security at the rental home at their own cost, for example, installing CCTV, external lights, window locks, security screens or shutters, pruning shrubs and trees.

What are the tenant(s)’ liability if they end their tenancy under the FDV laws?

What are the tenant(s)’ liability if they end their tenancy under the FDV laws?
A tenant who ends their tenancy in circumstances of family and domestic violence will not be liable to pay any compensation or additional money for the early termination. For example, the tenant will not need to pay a “break lease” fee, loss of rent, advertising and a re-letting fee or an occupation fee for abandoned goods.

What privacy measures must Community Housing Providers implement?

What privacy measures must Community Housing Providers implement?
The following measures help protect the privacy of victims of family and domestic violence. They also ensure that a victim’s ability to secure a rental property in the future is not negatively impacted by a family and domestic violence termination. Evidence that a tenant or their dependent child in circumstances of family and domestic violence only needs to be given to the landlord or their agent and not too any remaining co-tenant(s). A person is prohibited from using or disclosing information from a family and domestic violence termination notice or attached evidence for any other purpose. For example, the information cannot provide in a reference check by a property manager. Disclosure can only be made if permitted or compelled by law. A person possession of these documents must store and dispose of them securely.

What do I do if there are other tenants in the property?

What do I do if there are other tenants in the property?
A landlord will need to give each co-tenant a copy of the termination notice only, not the accompanying evidence. After a tenant gives a family and domestic violence termination notice, a co-tenant who remains in the tenancy can stay, even if they are the alleged perpetrator but may be asked to top up the bond in circumstances where part of the bond has been returned to a leaving tenant or give 21 days’ notice and vacate the property. Consumer Protection has developed a video to explain why it’s also important for the victim’s safety to keep perpetrators housed, which can be found here.

A tenant has asked me about the new laws, where can they get more information from?

A tenant has asked me about the new laws, where can they get more information from?
Tenancy WA provide factsheets regarding FDV, which can be found here. The Department of Commerce also has information for tenants at Safe Tenancy WA, found here.