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Clarifying family and domestic violence tenancy law concerns - Residential parks bulletin issue 10
21 August 2019
In this issue:
- Clarifying family and domestic violence tenancy law concerns
• When a perpetrator wants to terminate their interest in a lease
• Confidentiality vs. disclosure when property management changes hands
• Resources reminder
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 an on-site home agreement.
When a perpetrator wants to terminate their interest in a lease
The only way a perpetrator can initiate termination of their interest in an on-site home agreement due to FDV circumstances is through an application to the State Administrative Tribunal. The perpetrator can apply for an 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 Division 4 Form - Notice of Termination of tenant’s Interest in on-site home agreement on grounds of family violence to terminate their interest in an on-site home agreement. This form is exclusively for the use of long-stay tenants who have been, or are likely to be subjected to family and domestic violence during their tenancy.
Tenancy WA produces a number of fact sheets for tenants, including for family and domestic violence situations. While specific to terms of the Residential Tenancies Act 1987, Fact Sheet 3: I’ve been accused of family violence, what are my rights and responsibilities in my tenancy? may be of interest to perpetrator long-stay tenants for a general understanding of their options.
Resource reminder
- On-site tenant and Park Operator flowcharts – Help you navigate the process when an on-site tenant’s interest in a lease terminates due to FDV
- www.safetenancy.wa.gov.au – Information hub for FDV changes. Share this link with existing and new tenants.
- No place for family violence 5min video – Animated explainer video outlining the FDV changes. Great link to share with existing and new tenants.
- No place for family violence – Chinese version – As above.
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Contact Consumer Protection by calling 1300 304 054 or by email.
Consumer Protection
Bulletin
Last updated 21 Aug 2019
First published 21 Aug 2019
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