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Clarifying family and domestic violence tenancy law concerns - Residential parks bulletin issue 10

Last updated: 22 November 2024

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 

 
Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.

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