Tenants affected by domestic and domestic violence can quickly and legally terminate a rental agreement, remove the policyholder from the contract, change the locks without authorization and have the right to improve security. Everyone has the right to feel safe and to live without domestic violence. Changes to family and violence legislation are being introduced across the country. Real estate professionals need to know this… If a tenant or dependent child is in a situation of domestic violence, they can immediately terminate their lease without being sanctioned. If your client does not have a definitive AVO excluding the defendant tenant from access to the property, your client may request, pursuant to section 102 rtA, an order from NCAT terminating the other tenant`s lease because of the particular circumstances of his case. Your client may argue that domestic violence justifies NCAT placing an order terminating the tenant`s lease. NCAT is known to list these emergency requests if requested in writing. Your client may use a legal declaration, police records, support services letters and/or a provisional AVO to support his or her application. Your client would benefit from a lawyer representing her, as the other tenant may be able to cross-examine her.
The NSW Civil and Administrative Court Commercial and Consumer Division (NCAT) resolves disputes between tenants, landlords and roommates. It is informal, inexpensive and user-friendly. However, it strongly advocates a solution through mediation and does not have safe spaces or other procedures to protect victims of domestic violence. Lawyers must apply for leave to represent their clients in NCAT, in accordance with Section 45 of the Civil and Administrative Court Act 2013 (NSW). Owners and brokers should check with the insurance company if their property is covered for domestic and domestic violence incidents, including rental delays and damage caused by malicious acts. EBM RentCover Ultra, Prime, Platinum and Gold offer up to $65,000 to cover malicious damage and up to 52 weeks of denial-of-access coverage. RentCover Ultra and Platinum also cover up to six weeks of rent loss coverage. Depending on the circumstances, our policy may also cover costs related to court proceedings, lock changes or theft by tenants. If your client is just before the end of his fixed-term lease, he can give written notice of 14 days to his owner. You can send your client back to www.tenants.org.au for end-of-sample notifications.