Ending tenancy due to domestic violence
Tenants in circumstances of domestic violence are now able to end their tenancy by serving a termination notice, with relevant evidence, and vacating – see Domestic Violence – Ending your tenancy under the Residential Tenancies Act DV provisions and Factsheet 12: Domestic violence.
Evidence which needs to be attached to the notice:
You must attach ONE of the following to this notice to give it to the landlord, or their agent. You do not have to attach this evidence to the notice/s you give to any other co-tenants.
- a copy of the certificate of conviction for the domestic violence offence against you or your dependent child, OR
- a copy of a current Domestic Violence Order protecting you or your dependent child (need not be a final order), OR
- a copy of a current injunction granted under section 68B or 114 of the Family Law Act 1975 protecting you or your dependent child, OR
- a declaration made by a competent person in the required form, that you or your dependent child are a victim of domestic violence. The form is in Schedule 3 of the Regulations as well as on Fair Trading's website:
Cut and paste the template letter below or download a copy from the link above. Remember to substitute your details for the details contained in [square brackets].
[Your name]
[A safe postal address]
[Date]
[Landlord’s or agent’s name]
[Landlord’s or agent’s address]
Dear... [landlord/agent/co-tenant]
Domestic Violence Termination Notice
(Division 3A Residential Tenancies Act 2010)
As I am in domestic violence circumstances, I give notice that I shall cease to be a tenant of
[Premises address]
on
[A date on or after this notice is given]
by serving this notice on you and vacating the premises.
Yours sincerely,
[Your name / signature]
Attachment:
Evidence document per s105C [see above for details of what must be attached]
The attached document and its contents are confidential (s105C(3))
The attached document must be stored and disposed of securely (s105C(4))
