- The Minns Government’s Residential Tenancies Amendment (Domestic Violence Reform) Bill 2025 has passed the NSW Upper House.
- The Bill implements many recommendations from the Statutory Review of domestic violence provisions in the Residential Tenancies Act 2010 (NSW), which began in 2022.
- Domestic and family violence is the leading cause of homelessness for women (Homelessness Australia 2024).
- The Bill aims to strengthen protections for victim-survivors of domestic violence (DV) in relation to tenancies, including by:
- removing the requirement for DV victim-survivors to notify co-tenants of their intention to break the lease, recognising this can alert the DV perpetrator of their plans to leave.
- clarifying that victim-survivors will not be liable for property damage carried out by a DV perpetrator where the damage occurs in conjunction with conduct that would reasonably be considered to be domestic abuse.
- allowing tenants to change locks where they have a ‘reasonable excuse’ including circumstances where there is a reasonable belief it is necessary to prevent a domestic violence offence or domestic abuse.
- making it easier for victim-survivors to access their share of the bond after leaving a tenancy because of DV.
- removing the requirement for DV victim-survivors to notify co-tenants of their intention to break the lease, recognising this can alert the DV perpetrator of their plans to leave.
- clarifying that victim-survivors will not be liable for property damage carried out by a DV perpetrator where the damage occurs in conjunction with conduct that would reasonably be considered to be domestic abuse.
- allowing tenants to change locks where they have a ‘reasonable excuse’ including circumstances where there is a reasonable belief it is necessary to prevent a domestic violence offence or domestic abuse.
- making it easier for victim-survivors to access their share of the bond after leaving a tenancy because of DV.
- In NSW, people experiencing domestic and family violence are 20 times more likely to seek support from homelessness services than others in the community (NSW Government 2023)
Quotes attributable to Kira Levin, Principal Solicitor of the Homeless Persons’ Legal Service at the Justice and Equity Centre (JEC)
‘The vast majority of women who access our specialist legal service have experiences of domestic violence.
‘We’re pleased the NSW Government has looked at the evidence and is taking action to improve tenancy laws.
‘So many of our clients are forced to choose between staying in their home where they are at risk of violence, or becoming homeless. These reforms will make it easier for victim-survivors to protect themselves and remain safe at home, or safely leave a tenancy without unfair debts or blacklisting.
‘Many women stay in unsafe situations because they literally have nowhere else to go. Others escape a violent partner only by giving up their home, which usually means losing their bond, being saddled with crushing debts and being backlisted as a bad tenant.
‘One of our clients was blacklisted from social housing when her perpetrator damaged her rental property during a domestic violence incident. With no other option, she was forced to sleep in her car. These new protections will help women like her by making it easier to hold perpetrators to account for the damage they cause, rather than blaming victims.
‘Clients experiencing domestic violence find it hard to get permission from their landlord to change locks. They live in fear for their safety and are understandably frustrated by slow and inflexible processes. These reforms make it easier for victim-survivors to quickly implement this simple but crucial safety measure.’
Kira is available for further comment.
Media contact:
Communications Coordinator, Seamus May: 0478 739 280
