2.2 Tenancy termination with co-tenants
What if there are co-tenants on the tenancy agreement?
If a notice of termination of tenant’s interest in residential tenancy agreement on grounds of family violence is issued then you, as the community housing provider, must provide a copy of the form (but not accompanying evidence) to any co-tenants and give them seven (7) days to decide if they want to continue with the tenancy agreement.
- If a co-tenant wants to stay, then the community housing provider must let the lease continue.
- If the co-tenant decides to leave, they must give the community housing provider 21 days’ notice. This notice applies even if the agreement is a fixed-term agreement.
- If there is more than one co-tenant, each co-tenant gets to decide if they wish to stay or leave. This means some co-tenants might decide to stay and others might leave.
Example Scenario
A family of three live in a community home together, Kate (Grandaughter aged 22), Josh (Grandson, aged 25), and Jenny (Grandmother, aged 74).
Kate is experiencing family and domestic violence from a past partner, and even though he is not a tenant Kate still fears for her safety as he knows where she lives. Kate decides to submit a notice of termination under the provisions of family and domestic to her community housing provider with the required evidence form. She provides the community housing providers 7 business days notice as she is meant to.
As Josh and Jenny are co-tenants the community housing provider also provided them a copy of the notice of termination, but does not provide the evidence form as this is confidential (See important note below). Josh decides he also wishes to leave the tenancy, giving the community housing provider 21 days notice. Jenny decides to stay so the community housing provider must allow her to remain in the tenancy, and Jenny now becomes the sole tenant in the tenancy agreement.
Kate
(Grandaughter, aged 22)
Terminates her interest in the tenancy under the provisions of FDV.
Leaves tenancy
Josh
(Grandson, aged 25)
As a co-tenant he chose to also leave the tenancy.
Leaves tenancy
Jenny
(Grandmother, aged 74)
As a co-tenant she chose to stay in the tenancy.
Remains in tenancy
Important Note:
As the community housing provider, you must NOT disclose the evidence document to a co-tenant. Only a copy of the notice of termination should be provided to the co-tenant. A list on infringements community housing providers can incur can be found here.
Securing Information
A community housing provider is required to keep any FDV evidence (e.g. Consumer Protection family violence report – evidence form, copy of restraining order, family court order) you receive in a safe and secure manner. If the details are disclosed, for example to a co-tenant, you, as the community housing provider can be prosecuted.
