2.1 Tenancy termination due to FDV
When can a tenancy agreement be broken due to FDV?
If a tenant or a dependent of the tenant has been affected by family and domestic violence during the tenancy, they can give the community housing provider/property manager at least seven (7) days’ notice that they want or need to terminate their interest in the tenancy agreement and vacate with immediate effect.
For a tenant to terminate their tenancy agreement under the provisions of family and domestic violence they must provide you, the community housing provider, with a notice of termination and one evidence document of family and domestic violence.
Notice of Termination
A tenant must provide a notice of termination to end the tenancy on the grounds of family and domestic violence.
The notice of termination will be either a:
Residential tenancy agreement for residential properties
Click here for the notice of termination of tenant’s interest in residential tenancy agreement on grounds of family violence form.
OR
Residential park agreement for residential parks
Click here for the notice of termination of tenant’s interest in on-site agreement on the ground of family violence form.
Important Note
Make sure the tenant provides you with the correct notice of termination form. As a community housing provider you would most likely need to receive the Residential tenancy agreement for residential properties.
Evidence Document
The tenant must also provide one evidence document of family and domestic violence. An evidence document can be any one of the following:
-
- Domestic Violence Order (includes Family Violence Restraining Order).
- A family court injunction or an application for a family court injunction.
- A copy of a prosecution notice or an indictment detailing a charge relating to family violence having been committed against you or your dependent.
- An official Consumer Protection Family violence report – Evidence form.
The official Consumer Protection Family violence report – The evidence form must be signed by a designated professional. This professional can be any of the following:
- A doctor
- A psychologist
- A social worker
- A person in charge of a women refuge
- A police officer
- A child protection worker
- A family support worker
- A person in charge of an Aboriginal health, welfare, or legal organisation
Click here for the family violence report – evidence form.
The 7 Day Notice
As the community housing provider, you cannot challenge the tenant(s)’ request to break the agreement if the notice and supporting evidence have been completed properly and provided with at least seven (7) days’ notice. If the documents are not completed properly you can appeal the termination notice in court.
A lesson 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.
Important Note:
A perpetrator does not have to be named on the lease for a tenant to submit the termination notice and evidence form.
