Tenancies may be ended if family violence or landlord assault has occurred

Tenancy law changes relating to the withdrawal from a tenancy for family violence and termination for physical assault are in force. Regulations to support this tenancy law have now been published. These regulations, which will take effect on 29 December 2022, provide more detailed guidance on how the law can be used by tenants and landlords.

The Residential Tenancies Act 1986 (RTA) allows for a tenancy to be ended in the following circumstances:

• Family violence: a tenant who experiences family violence during a tenancy can remove themselves from the tenancy by giving the landlord at least 2 days’ written notice in the approved form (with qualifying evidence of family violence) without financial penalty or the need for agreement from the landlord. This applies to both fixed-term and periodic tenancy agreements. Victims of family violence do not need to apply to the Tenancy Tribunal to end their tenancy.
• Physical assault: a landlord can give written notice of at least 14 days in the approved form to terminate a tenancy, if the tenant has physically assaulted the landlord, the owner, a member of the landlord or owner’s family, or the landlord’s agent, and the Police have filed a charge against the tenant in respect of the assault. Landlords will need to provide qualifying evidence of the charge being filed.

Withdrawal from a tenancy following family violence

Ending a tenancy for physical assault by the tenant