Domestic violence and renting: Supplementary Guide

From 21 September 2026 further reforms came into effect to protect victim-survivors of domestic abuse. Key changes:

• Increased list of who can provide a Declaration by a Competent Person
• Broader criteria around domestic abuse
• Better protections for victim-survivors in relation to property damage caused by a perpetrator
• Improved rights for victim-survivors to recover their share of the bond
• The landlord/agent is now responsible for informing any remaining co-tenants within 7 days after a victim-survivor leaves
• Further limitations on and options for removing database listings, and NSW Fair Trading given the power to order removal of listings

If the domestic violence perpetrator is doing things to make you feel afraid, you can ask the police to apply for an Apprehended Violence Order (AVO) against the perpetrator.

There are two types of AVOs – Apprehended Personal Violence Orders (APVOs) and Apprehended Domestic Violence Orders (ADVOs). APVOs are made between individuals who are not in a domestic relationship (e.g. coworkers), ADVOs protect individuals in a domestic relationship. 

The term Domestic Violence Order (DVO) is also sometimes used, and includes AVOs and other legal orders that protect victim-survivors. 

It’s important to note that an ADVO will not necessarily exclude the perpetrator from the property. If you want to exclude them from the property, make sure that the specific address of the property is stated in the orders. The perpetrator’s tenancy will be ended by a final ADVO which excludes them from the premises.

For more information see Are you experiencing domestic and family violence? (Legal Aid NSW) and Getting an Apprehended Violence Order (AVO) (NSW government). 

A Domestic Violence Termination Notice (DVTN) is a notice to end a tenancy on grounds of domestic abuse. The DVTN ends the tenancy immediately.

You can use our Sample DVTN: Ending tenancy due to domestic violence or the Domestic Violence Termination Notice by Tenant to Landlord or Agent (NSW government).

You can give your DVTN by hand, post or email. Once you have given the landlord/agent the DVTN and vacated the premises, your tenancy agreement ends and you are no longer responsible for rent. If it is safer, you can leave first then serve the notice. You will not have to pay any break lease fees.

The termination date you put in the DVTN needs to be on or after the day you give the notice to the landlord/agent. You are not required to give any notice period when you give a DVTN. However the DVTN cannot be backdated to a date before you give it to the landlord/agent.

The landlord/agent is required to inform any other co-tenants separately in writing, using the approved form: Landlord notice to remaining co-tenants of a Domestic Violence Termination Notice (NSW government), within 7 days after the termination date in the DVTN. The landlord/agent must not share the DVTN, or supporting evidence, or any of the information in these documents with the remaining co-tenants.

For the DVTN to be valid, one of these forms of documentary evidence must be attached:

• a Declaration by Competent Person – usually the most straightforward way to get a document to support a DVTN (see below)
• a Domestic Violence Order (DVO) – including a provisional, interim or final Apprehended Domestic Violence Order (ADVO) made in NSW (sometimes just called AVO), or an order made by a different state or territory or New Zealand, or a serious domestic abuse prevention order protecting you from the perpetrator; or
• a certificate of conviction of the perpetrator for an offence arising from the domestic abuse of you or your child; or
• an injunction made by a family law court protecting you or your child from the domestic violence perpetrator.

If you do not want to use a DVTN

If you want to end your tenancy, but you do not want to use a DVTN, you still have the standard options for ending a tenancy under tenancy law. Your options will depend on whether you have a fixed-term or periodic agreement. You will also need to consider whether you are a head tenant, co-tenant, or sub-tenant (see below). For information about the standard ways you can end your tenancy see our Factsheet: How do I end my tenancy?

In some cases you might apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to end the tenancy – if so it’s a good idea to get advice from your local Tenants Advice and Advocacy Service.

A Declaration by a Competent Person is usually the most straightforward way to provide the evidence required for a DVTN. It is accessible and effective. It does not require victim-survivors to speak to police or engage with the justice system.

The Competent Person Declaration gives a professional opinion that domestic abuse took place and should be made after consulting with the tenant (or their dependent child). 

The Declaration is recognised by law as evidence of domestic abuse for tenancy purposes. It can also be used after the tenancy has finished to help a victim-survivor avoid financial liability for property damage caused by domestic abuse, or avoid being listed on a tenancy database (see more below).

You will need to use the specific form required for the declaration. It is the same form for a tenant victim-survivor or a dependent child. 

A Competent Person should not contact or seek information from the domestic violence perpetrator in any circumstances.

After making a declaration, the Competent Person should give the declaration to the tenant and keep a copy for their records. The Competent Person is not required to take any further action.

For more information and to download the Declaration, see Making a competent person declaration for tenancies affected by domestic abuse (NSW government)

A person can write a Competent Person Declaration if they are one of the following:

• Registered health practitioners who hold either general or specialist registration under the Health Practitioner Regulation National Law (NSW), in one of the following health professions:
  • Aboriginal and Torres Strait Islander health practice
  • Chinese medicine
  • chiropractic
  • dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist)
  • medical
  • medical radiation practice
  • midwifery
  • nursing
  • occupational therapy
  • optometry
  • osteopathy
  • paramedicine
  • pharmacy
  • physiotherapy
  • podiatry
  • psychology
• social workers who are a member, or eligible to be a member of the Australian Association of Social Workers, except student members;
• approved counsellors under the Victims Rights and Support Act 2013, such as counsellors from Victims Services (NSW government);
• Australian legal practitioners, such as lawyers;
• financial counsellors registered with the Financial Counsellors Association of NSW;
• employees of a NSW government agency that work in child protection,
• employees of non-government agencies that receive government funding to provide services relating to domestic violence/sexual assault or refuge/emergency accommodation, and
• prescribed employees of eligible agencies, meaning the head of the agency or authorised by the head of the agency to make declarations. Eligible agencies include:
  • a Domestic Violence NSW member organisation;
  • a corporation registered under the commonwealth Corporations (Aboriginal and Torres Strait Islander) Act 2006;
  • a NSW government agency that provides services related to child welfare or child abuse and neglete;
  • a NSW government or a non-government agency (that receives government funding) that provides services related to domestic abuse or sexual assault or refuge or emergency accommodation;
  • a NSW government agency or non-government agency (that receives government funding) that provides direct services that are housing and homelessness service; safety or welfare services for older persons or persons with a disability; or legal, health, housing or welfare services for Aboriginal and Torres Strait Islander people, migrants, or refugees
    
    A direct service is where the service has direct contact with the victim survivor or their dependent child, in person, by phone or online.

If you need help finding someone who can make a Declaration, contact NSW DV line (1800 65 64 63), or 1800RESPECT (1800 737 732) or your local Tenants Advice and Advocacy Service.

For more information and to download the Declaration, see Making a competent person declaration for tenancies affected by domestic abuse (NSW government)

Your legal options may differ depending on whether you are a co-tenant, head-tenant or a sub-tenant. 

A head-tenant has their name on the residential tenancy agreement with the owner, and lives at the premises while sub-letting part of the premises to one or more other people. 

A co-tenant has their name on the residential tenancy agreement with the owner and other co-tenant(s). Co-tenants share rights and obligations and are responsible for the tenancy – jointly and individually. 

A sub-tenant is a person who is sub-letting from a head-tenant. Sub-tenants will be covered by the Residential Tenancies Act if they have a written agreement to live in the premises with the head tenant/s.

Your legal options may differ depending on whether you are in a fixed-term or periodic agreement. A fixed-term lease is for a specified time (e.g. 1 year). A periodic lease is ongoing, continuous, rolling month to month – the fixed term has expired or is not specified. At the end of a fixed-term, a tenancy agreement automatically becomes  periodic, unless it is ended by you or the landlord.

For more information on bond disputes in co-tenancies and share housing, see the next section ‘Property damage and the bond’. 

See also Factsheet: Share housing.

Head tenant

If you are a victim-survivor who is the head tenant and you want to end the entire tenancy at the premises:

• You can end the tenancy immediately by using a DVTN (see above or Factsheet 12: Domestic violence and renting) and vacating the premises.
• If you do not want to or are unable to use a DVTN, you can apply to the Tribunal for an order ending your tenancy in the special circumstances of the case. Keep in mind that the tenancy does not end until the Tribunal makes orders, so rent will still be due until the process is complete.
• You can also end the tenancy by serving the usual notice required. There may be monetary consequences (such as a break fee), depending on your agreement. See Factsheet: How do I end my tenancy?

If you are a victim-survivor who is the head tenant, and you want your tenancy to continue, but you want the offender to leave:

• A final ADVO that excludes the offender from the premises (by address) also terminates their tenancy.
• If you do not have a final ADVO and/or are unable to get one, you can use one of the standard methods for ending their tenancy, such as serving them a 14 day termination notice for breach. See Factsheet: Eviction – landlord ends tenancy.
• You can also apply to the Tribunal for termination of their tenancy for your hardship.

Co-tenant

If you are a victim-survivor who is a co-tenant, and you want to end the tenancy:

• You can end the tenancy immediately by using a DVTN (see above or Factsheet 12: Domestic violence and renting) and vacating the premises.
• If you do not want to or are unable to use a DVTN, you can apply to the Tribunal for an order ending your tenancy in the special circumstances of the case. Keep in mind that the tenancy does not end until the Tribunal makes orders, so rent will still be due until the process is complete.
• You can also use one of the standard methods for ending a tenancy during a periodic agreement (not a fixed term). See Factsheet: How do I end my tenancy?

If you are a victim-survivor who is a co-tenant, and you want the tenancy to continue, but you want the offender to leave:

• An ADVO may prevent the perpetrator from being at the premises but not terminate their tenancy.
• A final ADVO that excludes the perpetrator from the premises (by address) will have the effect of terminating their tenancy.
• You can apply to the Tribunal for an order ending the perpetrator’s tenancy in the special circumstances of the case. Keep in mind that the tenancy does not end until the Tribunal makes orders, and the process could take some time.

If you are the remaining co-tenant in a fixed-term agreement after another co-tenant has ended their tenancy due to domestic violence; and you are not the relevant domestic violence perpetrator; then:

1. you can apply to the Tribunal to end your tenancy. See also Factsheet: How do I end my tenancy?
2. for the first two weeks after the tenant leaves, you do not need to cover the leaving tenant’s share of rent. The landlord/agent will calculate the amount of rent you are liable to pay by dividing the total rent by the number of tenants who were on the lease before the tenant left, and inform you of the amount. 

A tenancy can be transferred to another person (or people), with written consent from the landlord. The landlord may refuse, and does not need to have a good reason to withhold consent. However, the landlord must not 'unreasonably' refuse consent if one of the original tenants is staying. See Factsheet: Transfer and sub-letting.

Sub-tenant

If you are a victim-survivor who is a sub-tenant with a written agreement and you want to leave:

• You can end the tenancy immediately by using a DVTN (see above or Factsheet 12: Domestic violence and renting) and vacating the premises.
• If you do not want to or are unable to use a DVTN, you can apply to the Tribunal for an order ending your tenancy in the special circumstances of the case.
• You can also use one of the standard methods for ending a tenancy during a periodic agreement (not a fixed term). See Factsheet: How do I end my tenancy?

If you are a victim-survivor who is a sub-tenant with a written agreement, and you want to stay at the tenancy, but want the offender to leave:

• An ADVO may prevent the perpetrator from being at the premises but not terminate their tenancy.
• A final ADVO that excludes the perpetrator from the premises (with the address specified) will have the effect of also terminating their tenancy.
• If the perpetrator is excluded from your home, and you are not named on the lease with the owner, you can ask your landlord to sign a tenancy agreement with you. If they refuse, you can apply to the Tribunal for an order that you be recognised as a tenant.

If you are a sub-tenant without a written agreement, you may be covered under different laws. It’s a good idea to call your local Tenants Advice and Advocacy Service for advice. 

Boarders and lodgers

If you are a boarder or lodger, or if you do not have a written tenancy agreement, you are probably covered under different laws. If you are unsure whether you have a tenancy agreement or whether you are a boarder, lodger or tenant, you should get advice from your local Tenants Advice and Advocacy Service. See also Factsheet: Boarders and lodgers and Factsheet: Boarding Houses Act.

If you are a boarder or lodger and you are concerned for your safety, contact one of the DV support services listed below. The police can still apply for an ADVO for your protection. If you want to end your agreement, give the landlord a written notice to leave according to your agreement. Keep a copy of your notice. If your agreement does not have a notice period, give ‘reasonable’ notice. For example, if you pay rent weekly, give 7 days notice. Take all your belongings with you – if not, it may be hard to get them back.

If damage was done in conjunction with domestic abuse, only the perpetrator can be held responsible for that damage. 

Under the Residential Tenancies Act, a victim-survivor (and other tenants who are not the perpetrator) are not responsible for property damage that occurs ‘in conjunction with conduct that would reasonably be considered domestic abuse.’ Domestic abuse is defined very broadly and includes a wide range of behaviours. So this protection will cover many instances of property damage that occurred during a tenancy where there was domestic abuse. 

This is the case whether or not the perpetrator is a tenant.

It is a good idea to inform the landlord in writing about the damage. It is important to keep evidence, such as a DVTN, photos, police report, or a report from a support worker or medical professional. If police attend the premises due to DV, record their names and the event number.

If there is a dispute about whether property damage is a result of domestic abuse, the NSW Civil and Administrative Tribunal (NCAT) will make the decision based on evidence.

You or the landlord can ask the Tribunal to decide if you have responsibility to pay for the damage. You can apply to the Tribunal proactively, or wait and address the issue if necessary, or if it comes up as part of other Tribunal proceedings. 

When making this decision the Tribunal must consider evidence of domestic abuse but can also take other issues into consideration. The Tribunal now has broad discretion to find that damage has occurred in conjunction with conduct that would reasonably be considered domestic abuse. 

The idea of going to NCAT can seem daunting, however the language and process is simpler than a law court. When making decisions about domestic abuse, NCAT takes the victim-survivor’s perspective into account. For more info see Factsheet: NSW Civil and Administrative Tribunal.

Getting the bond back

The bond is your money and it should be returned to you in full when the tenancy ends, unless the landlord has a valid claim. If the landlord wants to claim from your bond at the end of your tenancy, they need to prove why and what the bond money is needed for – with evidence such as quotes, invoices. Keep in mind that most bonds are returned to tenants in full. 

It is usually a good idea to put in your bond claim as soon as you have moved out and returned the keys. You can do this through Rental Bonds Online if that’s how your bond was lodged at the start of the tenancy.

If you are a co-tenant, the bond was probably lodged under the names of all the tenants. In this case, getting your bond back may involve a few extra steps. You can check whose name the bond is in by logging into Rental Bonds Online (if that’s how your bond was lodged at the start). 

If you are identified as the ‘principal tenant’ for the bond in Rental Bonds Online, then you can submit or respond to a claim for the bond on behalf of all the tenants at the end of the tenancy. You are expected to distribute the bond refund to the other tenants appropriately.

If you are a co-tenant and you have left the property, you can write to your former co-tenant asking them to pay your share of the bond. You must give them 14 days to pay. If they do not pay, after the 14-day period expires, you have 6 months from the end of your co-tenancy to apply to the Tribunal. The Tribunal can determine your share of the bond and order that it be paid to you by your former co-tenant.

If you are a co-tenant and you have remained at the property, the 14-day period does not apply to the perpetrator requesting bond payout if there is a final ADVO excluding them from the property.

Sub-tenants covered by the Act can apply to the Tribunal for bond orders against their head-tenant. 

For more about the bond, see our Bond factsheet, Bond Kit, or call your local Tenants Advice and Advocacy Service.

Information about domestic abuse must be handled with extreme care to protect a victim-survivor’s safety, privacy, and security.

Any information that is part of a Domestic Violence Termination Notice (DVTN), or provided as evidence of domestic abuse is highly sensitive, and protected. A person who receives or holds this information must not use or share it unless it is authorised by law. This includes landlords, agents, database operators, and others. 

This means that landlords/agents must not share evidence of domestic abuse with:

• remaining co-tenants,
• the alleged perpetrator, or
• anyone else not authorised to receive it.

When a landlord/agent informs any remaining co-tenants of the DVTN they must use the approved written form: Landlord notice to remaining co-tenants of a Domestic Violence Termination Notice (NSW government). They must not share the DVTN itself, or supporting evidence, or any of the information in these documents with the remaining co-tenants.

Evidence of domestic abuse provided in connection with a DVTN must also be securely stored and disposed of when it is no longer needed.

There are wide-ranging restrictions on tenant database listings, in relation to DV. If you end your tenancy by giving a (DVTN), or you can provide evidence that domestic abuse occurred to you or your child during the tenancy, you cannot be listed on a tenant database. If you are listed, you can request that the landlord/agent remove that listing. Even if you do not use a DVTN, information about domestic abuse against you or your child cannot be listed. You can write to the landlord/agent requesting removal of the listing. They will have 7 days to inform the database operator and the database operator has to remove the listing within 14 days. If the listing is not removed, you can apply to NSW Fair Trading for an order directing the database operator to remove it. You can also request the removal of any information that is inaccurate, incomplete or ambiguous. See also Factsheet: Tenant databases. 

Significant penalties apply if these requirements are not followed. The Tribunal may also order compensation if a victim-survivor suffers loss or harm because evidence of domestic abuse was used or shared unlawfully.

• Domestic Violence Termination Notice: Ending tenancy due to domestic violence
• Factsheets: 12: Domestic violence and renting, How do I end my tenancy?, Eviction – landlord ends tenancy, NSW Civil and Administrative Tribunal, Share housing, Goods left behind, Locks & security.

NSW government

• Domestic Violence Termination Notice by Tenant to Landlord or Agent
• Ending a tenancy because of domestic violence and abuse
• Understanding domestic abuse in rental situations
• Are you experiencing domestic and family violence? (Legal Aid NSW)
• Housing assistance for domestic and family violence (Homes NSW) 
• Government supports: Rent Choice Start Safely, Victims Services and Staying Home Leaving Violence.

Contacts for advice

• NSW Domestic Violence Line (24 hours): 1800 65 64 63
• 1800RESPECT (24 hours): 1800 737 732
• Tenants Advice and Advocacy Services: tenants.org.au/get-advice
• Community Legal Centres: clcnsw.org.au
• Women’s Legal Service NSW: wlsnsw.org.au 1800 810 784
• Wirringa Baiya Aboriginal Women’s Legal Centre: wirringabaiya.org.au 1800 686 587