Released 10/12/2024
New rental laws to help victim-survivors leave abusive situations come into effect in the ACT today.
Attorney-General Tara Cheyne said the new laws, which were passed in the Assembly earlier this year, will allow tenants who have experienced domestic and family violence to break a lease immediately by giving their landlord a family violence termination notice.
Tenants will need to provide supporting evidence, such as a declaration from a specified list of professionals or a relevant legal order.
“We want this process to be as easy as possible so that it removes barriers for people to leave domestic and family violence situations,” Minister Cheyne said.
“Victim-survivors will be able to use existing legal orders, or a declaration from a number of highly accessible professionals to secure a termination notice and avoid break-lease fees. Relevant professionals include social workers, doctors, nurses and community support workers at family violence or child welfare services.”
The legislation also seeks to ensure victim-survivors’ confidentiality by preventing landlords or agents from sharing tenants’ sensitive information.
Other reforms that will also come into effect include new provisions to protect tenants by limiting rent increases mandating break-lease fee caps and simplifying property condition reports for tenants signing on for a new tenancy at the same rental property.
The new year will see additional disclosure reforms come into effect. From 9 January 2025, landlords will be required to provide tenants with safety information about any swimming pools or spas located at the rental property.
Further, if the property is a unit, landlords will need to provide their tenant with a unit title rental certificate. The unit title rental certificate provides tenants with important information about the owners corporation and the common property of their units complex.
These reforms progress the ACT’s commitment to the ‘Better Deal for Renters’ agreed by the National Cabinet, strengthening renters’ rights across Australia.
Quotes attributable to Domestic Violence Crisis Service CEO Sue Webeck:
“We welcome this reform that will make it easier for people to end their tenancies when they are experiencing family violence.
“No-one should be forced to stay in a violent and unsafe situation because they can’t afford the cost of breaking their lease.
“By allowing declarations from family violence professionals to be accepted as evidence of violence, victim-survivors will be able to more safely leave unsafe living situations, whilst also reducing the need to go to court - making the process safer, less expensive and less overwhelming.”
Quotes attributable to Better Renting CEO Joel Dignam:
“We welcome these changes. Making it easier for victim-survivors to get out of a tenancy is a small but meaningful gesture at a difficult time in a person's life. This makes good on the ACT Government commitments under the 'Better Deal for Renters' agreement.
“It's also good to see the break lease clause becoming a standard part of tenancy arrangements. This will improve consistency and simplicity and make it easier for people to understand what's at stake if they are considering breaking a fixed-term lease.
“We thank the new Attorney-General for the prompt action to bring these changes into effect.”
- Statement ends -
Tara Cheyne, MLA | Media Releases