SAMPLE LETTER

Ending tenancy due to domestic violence

New provisions in the Residential Tenancies Act 2010 commenced on 28 February 2019. Tenants in circumstances of domestic violence are now able to end their tenancy by serving a termination notice, with relevant evidence, and vacating – see Resource: Domestic Violence Amendments to Residential Tenancies Act. Also, see Factsheet 12: Domestic violence.

Evidence which needs to be attached to the notice:

You must attach ONE of the following to this notice to give it to the landlord, or their agent. You do not have to attach this evidence to the notice/s you give to any other co-tenants.

  • a copy of the certificate of conviction for the domestic violence offence against you or your dependent child, OR
  • a copy of a current Domestic Violence Order protecting you or your dependent child (need not be a final order), OR
  • a copy of a current injunction granted under section 68B or 114 of the Family Law Act 1975 protecting you or your dependent child, OR
  • a declaration made by a medical practitioner that: you or your dependent child are a victim of domestic violence. The form is in Schedule 2A Residential Tenancies Regulation 2010.

Cut and paste the template letter below or download a copy from the link above. Remember to substitute your details for the details contained in [square brackets].

[Your name]
[A safe postal address]

[Date]

[Landlord’s or agent’s name]
[Landlord’s or agent’s address]

Dear...  [landlord/agent/co-tenant]

Domestic Violence Termination Notice
(Division 3A Residential Tenancies Act 2010)

As I am in domestic violence circumstances, I give notice that I shall cease to be a tenant of  

[Premises address]

on

[A date on or after this notice is given]

by serving this notice on you and vacating the premises.

Yours sincerely,

[Your name / signature]


Attachment:
Evidence document per s105C [see above for details of what must be attached]
The attached document and its contents are confidential (s105C(3))
The attached document must be stored and disposed of securely (s105C(4))