NSW Reforms in Support of Tenants Who Are Victims of Domestic Violence

​Tenants can now access more types of professionals for a declaration that will help them escape a domestic violence situation in a rented home.

A tenant can end their tenancy immediately and without penalty if they or their dependent child are in circumstances of domestic violence. To do this, a tenant needs to give their landlord or agent a termination notice with one of the approved types of evidence.

One of the types of evidence that can be attached to a termination notice is a declaration signed by certain professionals (known under the tenancy laws as 'competent persons') that the tenant, or their dependent child, is a victim of domestic violence.

Starting 11 December 2020, a wider range of professionals can make this declaration:  Health practitioners who hold general or specialist registration under the Health Practitioner Regulation National Law (NSW). For example, nurses, psychologists, paramedics and physiotherapists social workers who are a member of the Australian Association of Social Workers NSW government employees working in child protection employees of non-government agencies that receive government funding to provide services for victims of domestic violence/sexual assault or refuge/emergency accommodation approved counsellors under the Victims Rights and Support Act 2013.

Before making a domestic violence declaration, a competent person must have consulted with the tenant (and their dependent child, if applicable) to determine whether the tenant (or child) is a victim of domestic violence.

A domestic violence declaration must be made using a declaration form available on our website.

There are two forms available, one for when the tenant is the victim of the domestic violence, and the other for when the tenant's dependent child is the victim. These forms have been updated from 11 December 2020, however, a declaration made by a medical practitioner using the old form is still valid and tenants can use it to end their tenancy.

For more information about ending a tenancy in circumstances of domestic violence, visit NSW's website: fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy#Endingatenancybecauseofdomesticviolence2