Content note: This blog discusses domestic violence in a procedural context. If you or someone you know needs help, 1800RESPECT (1800 737 732) is available 24/7.

NSW law recognises that the standard tenancy rules — give 21 days' notice, pay any break fees, comply with the lease — don't fit every situation. For tenants experiencing domestic violence, there's a specific pathway that allows them to end the tenancy immediately, without penalty, and without needing the perpetrator's consent.

This is one of the most important protections in the Residential Tenancies Act, and we want to make sure tenants and our owners both know how it works.

The Domestic Violence Declaration

A tenant who is a victim of domestic violence can issue a Domestic Violence Declaration to their landlord (or agent). On the day the declaration is given, the tenancy is terminated for that tenant. They aren't required to pay break fees, additional notice rent, or any of the usual costs of breaking a fixed-term lease early.

To be valid, the declaration needs to be supported by one of the following:

• A certificate of conviction for a relevant offence
• A family violence safety order, ADVO or similar
• A declaration from a competent person — typically a doctor, social worker, or specified professional — confirming the tenant is a victim of domestic violence

The declaration is given to the landlord or agent, along with the supporting document. The tenant then leaves.

What about other people on the lease?

The declaration only ends the tenancy for the tenant who issued it. Other co-tenants can choose to remain (in which case the tenancy continues for them) or also end the tenancy under their own grounds.

The perpetrator, if they're a co-tenant on the same lease, can have their tenancy ended via NCAT order on application by the victim or the landlord, depending on circumstances.

Bond, rent and the property condition

A few things landlords and agents need to know:

• The departing tenant remains liable for any unpaid rent up to the day of termination, but not beyond
• They are not liable for damage caused by the perpetrator — that's claimable against the perpetrator, not the victim
• Bond is returned in line with their share, accounting only for what they personally owe

The agent or landlord doesn't need to verify the underlying allegations — the declaration plus the supporting document is sufficient.

Confidentiality

The fact that a tenant has issued a declaration is highly sensitive. Landlords and agents are required to handle the information confidentially. Future references should not disclose the reason for the early termination.

What landlords need to do

If you're an owner with a property where this happens, your property manager will handle the procedural side. The most important thing on your end is to avoid actions that contradict the protections — don't pursue a victim for break fees, don't try to claim against the bond for damage they didn't cause, and don't include reasons related to the declaration in any future reference.

Where to get support

If you or someone you know is in danger or needs to talk to someone, 1800RESPECT (1800 737 732) operates 24/7. Local services in the Hunter region include the Hunter Women's Centre and Staying Home Leaving Violence (SHLV).

If you're a Hunter PM tenant and you need to invoke this pathway, contact us directly. We will treat the matter with care and confidentiality.