Unpaid debt and liabilities
What if there is remaining debt and liability to the premises?
If there has been damage to the premises or unpaid rent as a result of family and domestic violence, the court can assign liability for any damages or debt to whoever is responsible for the family and domestic violence, i.e. the perpetrator.
For this to occur the tenant who is experiencing family and domestic violence, whether vacating the premises or staying, must apply to the court using the court order form 12. If you have a tenant ask you about seeking repayments for damages and unpaid rent from the perpetrator direct them to the court order form 12 FDV guide. A PDF copy of the court order form 12 can also be found here.
It is important to understand that if there is no court order, all the tenants on the tenancy agreement remain jointly liable for any damages and/or debts.
This provision can only be used if a tenant’s interest in the tenancy has been terminated due to FDV circumstances under sections 71AB, 71AD or 71AE. As the community housing provider, you mus receive the notice of termination and evidence form from the tenant.
The tenant can also follow the same procedure to make the perpetrator pay out some of the security bond. Learn more about what can happen to bonds under the provisions of family and domestic violence here.
Important Note
This does not change how much you as a landlord can claim but clarifies who is responsible for the payment. Either a vacating or remaining tenant will need to apply for this court order. If there is no court order, all tenants remain jointly liable for any damages and/or debt.
Insurance
Some insurance companies understand the impacts of family and domestic violence on the community and individuals. Be sure to contact your insurance provider to check your cover in relation to family ans domestic violence, as you may be able to claim defaulted rent and/or property damages. It is important to find our what your insurance provider will cover, what the eligibility criteria for FDV cover is and if there are any exclusions.
