Professional responses if faced with FDV situations
What community housing providers need to do and know when faced with a situation of FDV under the new reform.
Community Housing Providers can be faced with a number of different situations under the new previsions of family and domestic violence in the Residential Tenancies Act 1987. Under the new provisions a tenant experiencing family and domestic violence has options to stay, go, secure and resolve. These decisions mean new responsibilities for community housing providers.
When faced with a situation of family and domestic violence you, as a community housing provider, can determine what you need to do, what to expect and what your responsibilities are for each of the different situations. Below are each of the various situations of family and domestic violence under the new reform your organisation may face.
Changes to the Tenancy
Tenancy termination with co-tenants
What if there are co-tenants on the tenancy agreement?
Removal of a perpetrator
How can the perpetrator be removed from the tenancy agreement?
Summary of Tenancy Options
Community Housing Providers when faced with a situation of family and domestic violence which will change a tenancy agreement will always have one of three outcomes.
- The tenant, with no co-tenants, can terminate the tenancy under the provisions of family and domestic violence. Court is not required if the Community Housing Provider doesn’t dispute the termination (See below the option on disputing the termination).
- A tenant, with co-tenants, can terminate their interest in the tenancy agreement and the co-tenants can choice to stay or leave the tenancy agreement.
- A tenant, with co-tenant(s) who is the perpetrator, can request to have the perpetrators interest in the tenancy agreement removed so the victim tenant can remain at the premises.
Opposite shows these options in a summary table.
Other Situations under the Act
Unpaid debt and liabilities
What if there is remaining debt and liability to the premises?
Changing the locks
Can a tenant change the locks without notifying their community housing provider?
Altering the premises
Can the tenant make other additions, alterations to the premises?
Disputing the termination
Can a community housing provider dispute the tenant’s notice?
