Ending a tenancy because of domestic or family violence
A tenant who has experienced domestic or family violence can end their tenancy agreement at any time.
The tenant will not pay a break lease fee to end a fixed-term tenancy early.
How to end a tenancy
To end a tenancy because of domestic or family violence, a tenant must give their landlord a family violence termination notice.
The notice must be in writing and include:
- the date the tenant intends to vacate the property, which can be the day they give the notice
- one supporting document as evidence that the tenant has experienced domestic or family violence.
Supporting documents can be:
- a declaration by a competent person
- a family violence order
- a family law order.
Tenants can use a family violence termination notice template [PDF 1.3 MB] to give notice.
Tenants can give their notice and supporting document to their landlord by email, post or in person.
Public housing tenants
Housing ACT has policies in place that support tenants experiencing domestic or family violence. Tenants in public housing should speak to their housing manager if they have experienced domestic or family violence to find out what support Housing ACT can provide.
How to get a declaration by a competent person
A declaration by a competent person is a written statement. It declares that a tenant, or their dependent child, has experienced domestic or family violence.
To get a declaration a tenant must speak with a competent person.
A competent person can be:
- an employee of a not-for-profit organisation that gets ACT Government funding for services for domestic and family violence, sexual assault, refuge or emergency accommodation, or children or young people, and their families
- a GP or a health practitioner registered in Aboriginal and Torres Strait Islander health practice, medical practice, midwifery, nursing or psychology
- an employee of an ACT Government agency that provides services for child welfare
- a person with a social work qualification that makes them eligible for membership to the Australian Association of Social Workers
- members of the Human Rights Commission
- the Aboriginal and Torres Strait Islander Children and Young People Commissioner
A mandated reporter can make a declaration if it involves a dependent child.
Making a declaration
To make a declaration a competent person must:
- consult with the tenant, or their dependent child
- assess, in their professional opinion, if the tenant or their child has experienced domestic or family violence.
Competent people can use a declaration by a competent person template [PDF 591 kB] to make their declaration.
A competent person does not need to make a declaration if they feel it is not suitable. They do not need to prove that domestic or family violence has taken place. They must not contact or seek information from the alleged person using violence.
It is illegal for a tenant to give false or misleading information to a competent person.
After a tenant issues a termination notice
A landlord cannot ask for more evidence when a tenant gives them a notice and a supporting document.
A tenant ends their tenancy agreement on the vacating date they have put in the notice. They must continue to pay rent until then.
Keeping tenant information private
Certain people can know about a tenant’s family violence termination notice and supporting document. This includes:
- their landlord
- their landlord's agent
- an employee of their landlord's agent
- the ACT Government.
A landlord can also share it with their lawyer if they need to seek legal advice.
It is illegal for a landlord to share a tenant's supporting document with anyone else.
The landlord must destroy the supporting document (or a copy), unless it is to be used for a legal reason. If the document is to be used for a legal reason, the landlord must store it securely.
Informing the Rental Bonds Office
The landlord must give the Rental Bonds Office a Notice to Territory [PDF 694 kB]. They must do this within 7 days after the tenant has left the property.
The notice informs the Rental Bonds Office that a tenant has used a family violence termination notice. The office can be aware of this when they are dealing with the tenant’s bond.
Informing remaining co-tenants
A landlord must not tell any co-tenants that a tenant is leaving because of domestic or family violence. They must wait until after the tenant has vacated.
After the tenant has left, the landlord must give each co-tenant a notice of continuing tenancy. They must do this within 7 days after the tenant has vacated.
They can do this using the notice of continuing tenancy template [PDF 328 kB]
Options for remaining co-tenants
After receiving a notice of continuing tenancy, the remaining co-tenants can choose to either:
- continue their tenancy agreement
- end their tenancy agreement.
If the remaining co-tenants choose to continue the tenancy agreement, they must:
- pay the full rent for the property
- pay the leaving co-tenant their share of the bond
- inform the ACT rental Bonds Office that they have paid the leaving co-tenant their share of the bond.
To inform the ACT Rental Bond Office you have paid the leaving co-tenant their share of the bond, complete and submit a Notice to Territory of Bond Payment to Leaving Tenant [PDF 135 kB].
If the remaining co-tenants choose to end their tenancy agreement, they must:
- give notice of their intention to vacate
- vacate the property on or before the vacate date.
Co-tenants can use a notice of intention to vacate template [PDF 756 kB] to give their notice. They must give at least 3 weeks notice.
If co-tenants issue the notice of intention to vacate within 4 weeks after receiving their notice of continuing tenancy, they will not pay a break lease fee. This applies in fixed-term tenancies.
Read more about rental bonds and co-tenancies on the ACT Rental Bonds Office website.
Support services
If someone has experienced domestic or family violence there are services that can help.