Disputing the termination
Can a community housing provider dispute the tenant’s notice?
As a community housing provider, you CAN NOT dispute whether family and domestic violence has occurred.
Family and domestic violence is often well hidden and can happen to anyone. Family and domestic violence can occur to any individual no matter their gender, age, ethnicity, religion, abilities, and sexual orientation.
As a community housing provider, you are not expected to be a professional on family and domestic violence. Hence, you can not determine if someone is experiencing family and domestic violence.
If you wish to dispute a notice of termination under the provisions of family and domestic violence it can not be on the basis of if family and domestic violence occured. You, as a community housing provider, can only dispute a notice of termination if the right notice was not given, i.e. given at least 7 days prior to the termination date, and attaching the right evidence.
If you do challenge the notice, you have 7 days from receiving it to apply to the court for a review under section 71AC. The court can only decide whether the notice was validly given. The court also cannot examine whether family and domestic violence occurred.
To learn more about how to apply to the court visit the Consumer Protection website, here.
Important Note:
As a community housing provider, you play a critical role to protect the community from family and domestic violence. If you have a tenant submit notice of termination on the ground of family and domestic violence, whereby the documents are not completed properly, you do not have to dispute the termination. It is encouraged that community housing providers cooperate with the tenant to enable them to provide the proper documentation. Helping and supporting a tenant who needs to leave their tenancy due to family and domestic violence is helping protect them.
Ultimately, you are helping to save lives of those experiencing family and domestic violence.
