Family Violence Amendments to the Residential Tenancies Act

On average at least one woman a week is killed by a partner or former partner in Australia. Whilst these statistics are shocking, recent changes to the Residential Tenancies Act in relation to tenants affected by Family and Domestic Violence (FDV) situations means there are now options to manage their tenancy agreement. Such as;

  • GO – leave a tenancy agreement without going to court and with as little as seven (7) days’ notice (the tenant can leave right away for safety but will need to pay rent until the end of the notice period)
  • STAY – apply to court to have a perpetrator’s name removed from a lease
  • Make a rental home safer through lock changes or security upgrades
  • Sort out disputes about property damage, unpaid rent or bonds
  • Seek removal from, or avoid being listed on, a tenancy database if the listing was because of FDV.

These changes are aimed at saving lives and assisting victims of FDV but as a Landlord there are benefits to you as now there are legal specifications and guidelines.

  • Tenants are less likely to abandon the property and leave goods that will require disposing.
  • The option for either party to stay in the property may prevent vacancies
  • A simplified process will mean the property can be re- tenanted faster
  • Your property will be better protected from FDV related damage and avoid periods of unpaid rent.
  • You are protecting families and saving lives.

These situations are difficult for all those involved, however now that there are strict guidelines and rules in place, Property Managers know exactly where they stand and can act accordingly. You may need to check if your current landlords insurance covers you for rent loss if this situation should arise. If you have any further queries you can download the lessor guide below, or get in touch with your property manager.

Safe Tenancy WA Lessor Information pdf