The new laws, to be introduced during the first half of 2017, will allow tenants to terminate their tenancy immediately by providing evidence of domestic violence through a provisional, interim or final AVO, or court order. Residential tenants who are victims of domestic violence will receive greater protections under proposed reforms by the NSW Government. Credit:Roslyn Smith Agents and landlords will also be prohibited from listing a victim of domestic violence on a database where a debt or property damage arose because of a violent partner. Senior solicitor at Women's Legal Service NSW Kellie McDonald said it was often the case that women who fled danger by abandoning their rental property risked incurring significant debts and being blacklisted, making it difficult for them to rent again. "The current tenancy laws are failing victims of domestic violence in NSW," she said.

"We commend the NSW Government on the announcement of changing tenancy laws to ensure women and children subject to violence can either remain safely in their homes or leave immediately without penalty." Agents and landlords will soon be prohibited from listing a victim of domestic violence on a database where a debt or property damage arose because of a violent partner. Ms McDonald said Women's Legal Service had long advocated for the reforms, as a result of the many women who turned to the service NSW for assistance in terminating a tenancy, pointing to the story of Yasmin*.



Over the five years she had been married, Yasmin's husband Daniel* had been violent towards her, however, fear of Daniel losing his job as a teacher stopped Yasmin from reporting it to the police. Shortly after entering into a 12-month fixed-term lease together, Yasmin left the property to stay with a friend and escape the violence. "The current tenancy laws are failing victims of domestic violence in NSW," Kellie McDonald, Women's Legal Service NSW.

Yasmin returned to the property one month later, but Daniel was soon violent again, before he abandoned the property and ceased paying rent, leaving Yasmin to make all repayments until her credit card reached its maximum limit. Women's Legal Service assisted Yasmin in an urgent application to the NSW Civil and Administrative Tribunal, who approved her right to end her tenancy due to the special circumstances of her case. Ms McDonald said, if the new changes were in place, Yasmin could have provided evidence of domestic violence and ended her tenancy without penalty immediately. "Not only would this assist with respect to protecting Yasmin's safety, but she would also not have incurred the debt." The reforms, which follow a review of the Residential Tenancies Act 2010, will also make changes to the list of reasonable excuses to change locks, to protect a tenant from domestic violence; and to remove, in cases of domestic violence, the automatic liability of a tenant for the damage caused by others who are on the premises.

"Leaving a violent relationship can be one of the most challenging decisions anyone makes," Ms Goward said. "And we are getting rid of the red tape and streamlining the system to support domestic violence victims to leave." The review of the act also recommends giving NCAT a discretion in domestic violence cases, so that only the perpetrator is liable for damage to a property arising from domestic violence, regardless of whether they are listed on the lease agreement. Perpetrators are also liable for lease break fees. *Names have been changed. Latest consumer news