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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

From August 2021, family violence survivors can quickly leave a fixed-term or periodic tenancy by giving two days’ notice to the landlord, along with appropriate evidence (usually this will be a letter of support). This means that you won’t need to pay rent after the withdrawal date. The law requires 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.

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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