Family violence & the RTA

Changes to the RTA - prevention of family violence

There are some important changes to the Residential Tenancies Act (The RTA) afoot to support victims of domestic violence.

Sadly, this is a problem in our society and something that you may be faced when renting, or renting out your property.

Recognising this, a bill was introduced into Parliament in May 2018 proposing change to the RTA to better support victims in violent situations.

Before we jump in, if you are in a domestic violence situation and need some advice or help contact 1800RESPECT on 1800 737 732 or the Police.

What does this mean to me as a tenant?

If you are in a domestic violence situation, under the proposed new laws you can apply to the courts to remove the offender from the lease agreement if you would like to continue renting the property.

The changes will also give you the opportunity to change locks at the property to stop a perpetrator from accessing the home, without the need to seek the permission of your landlord or property manager.

This is helpful if your landlord is overseas or not contactable and can be done on the proviso that a copy of the new keys are provided to the landlord or managing agent as soon as possible.

You will also be given an option to increase the security of the premises, at your expense. For example, you may wish to install a security alarm or CCTV cameras for greater security and peace of mind.

A dispute resolution process around property damage, bond disposal or rent arrears is also dealt with in the proposed changes to minimise any financial burden when leaving a tenancy in these circumstances.

In addition to the above, if you are blacklisted on a tenancy database, there will be a pathway to remedy this listing if it was due to a domestic violence situation.

What does this mean to me as a landlord?

If your tenant is involved in a violent situation, they will be able to undertake the actions noted above once the changes come into effect.

They will also have the ability to end their tenancy directly with you or your property manager by providing 7 days’ notice. This can be done without the need to go to court.

That said, they won’t be able to just up and leave. Supporting documentation such as a restraining order, confirmation from a police officer, social worker or medical professional (doctor or psychologist) will be required to support their request to terminate.

Rental properties are often damaged or abandoned in cases of domestic violence. Rent may also be left unpaid by the offender, resulting in arrears or financial strain on the other party.

By giving tenants in these situations greater support, it should reduce the chances of abandonment, damage or rent arrears.

The additional support and opportunity to remove offenders from the lease is also likely to reduce the chance for the property to be left vacant.

The amendments are likely to become law in early 2019.

Have some queries? Feel free to check out the sources linked below. As your local Busselton property management specialists, we're here to help so don't hesitate to give us a call to chat about these changes.

Sources:

Department of Mines, Industry Regulation & Safety, updated 29 May 2018, Department of Commerce, The Commissioner's Blog. 29 October 2018, https://www.commerce.wa.gov.au/consumer-protection/settlement-agents

Department of Mines, Industry Regulation & Safety, updated 22 October 2018, Department of Commerce. 29 October 2018, https://www.commerce.wa.gov.au/consumer-protection/family-violence-prevention