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Communtity Law Manual | Tenancy & housing | Giving notice to end a tenancy due to family violence

Moving out: When and how tenancies end

Giving notice to end a tenancy due to family violence

Two days’ notice for family violence

Residential Tenancies Act 1986, s 56B

Family violence survivors will soon be able to quickly leave a fixed-term or periodic tenancy by giving two days’ notice to the landlord, along with appropriate evidence. This means that you won’t need to pay rent after the withdrawal date. The law will require you to give notice to each remaining tenant at least a day after the withdrawal date, but you don’t need to tell them the reason why you’re leaving or give them any evidence.

When will this new law come into force?

The new notice period for ending a tenancy due to family violence will come into effect after the Ministry of Housing and Urban Development develop a set of regulations to decide what kind of evidence you need to provide when you give notice to your landlord.

What happens after I withdraw?

Once you leave the house or flat, the remaining tenants will get reduced rent for two weeks – or the tenancy ends if you were the only tenant. If the remaining tenants are concerned about making rent, they can apply for a Tenancy Tribunal Order to end the tenancy because of unreasonable hardship.

Is my information confidential?

Yes. Under the new law, it’s unlawful for your landlord to tell anyone about your situation, unless they have your consent. They may speak about it confidentially if they’re seeking legal advice.

For more information on protections from family violence, see the chapter “Family violence and elder abuse”, including the “Where to go for more support” section.

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