21 August 2019

In this issue:

• Clarifying family and domestic violence tenancy law concerns

Clarifying family and domestic violence tenancy law concerns

Since the family and domestic violence (FDV) changes to residential tenancy legislation came into effect, a number of questions have come up regarding FDV situations. This month we explore what happens when a perpetrator tenant wants to terminate their interest in a lease and what happens if your property manager changes. 

When a perpetrator wants to terminate their interest in a lease

The only way a perpetrator can initiate termination of their interest in a lease due to FDV circumstances is through an application to the Magistrates Court using court Form 12 - Application for court order. The perpetrator can apply for a court order in situations where there is a family violence order against them or they admit to committing family violence against a co-tenant during the term of the lease. 

A perpetrator cannot use Form 2 - Notice of Termination of Tenant’s Interest in Residential Tenancy Agreement on Grounds of Family Violence to terminate their interest in a lease. This form is exclusively for the use of tenants who have been, or are likely to be subjected to family and domestic violence during their tenancy.

The Application for court order (Form 12) guide explains how to complete the form when making a court application in situations arising from family and domestic violence. This may be helpful to share with tenants. 

Tenancy WA produces a number of fact sheets for tenants, including for family and domestic violence situations. Of particular interest to perpetrator tenants would be Fact Sheet 3: I’ve been accused of family violence, what are my rights and responsibilities in my tenancy?

Confidentiality when your property manager changes 

If you submit a notice of termination on grounds of FDV (Form 2), along with the required supporting evidence, your property manager is not allowed to share the details of your evidence with anyone.

Occasionally the property management company responsible for a tenancy may change. If this happens while a tenancy in the process of terminating due to FDV, the new property manager will need to know at least some detail about the circumstances in order to properly manage the situation. 

Before the management changes, your current property manager should work with you to determine the appropriate information to share with the incoming property manager. This gives you some control over confidentiality and ensures the new manager is properly informed to manage the termination process.

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