Family domestic violence tenancy laws review

Department of Mines, Industry Regulation and Safety. (2022, November). Family Domestic Violence Tenancy Laws Review.

Public consultation is currently underway as part of a review of the family domestic violence provisions included in:

Division 2A of the Residential Tenancies Act 1987 (WA); and
Division 3A and Division 4A of the Residential Parks (Long-stay Tenants) Act 2006 (WA).

We refer to these provisions as family domestic violence (FDV) tenancy laws.

Background

The FDV tenancy laws commenced in 2019, as part of the Government’s broader commitment to addressing the serious issue of FDV impacting our community.

The FDV tenancy laws were introduced to give victim-survivors the choice to either end their tenancy agreement early on the grounds of FDV without needing to go to court; or to stay in their rental homes if safe to do so, by going to court.

Key features of the FDV tenancy laws

Early termination of a tenancy agreement

A FDV victim-survivor can end their interest in a tenancy agreement by giving the landlord a notice of termination on the grounds of family violence along with required documentary evidence. This evidence can be certified by specified professionals, for example a person in charge of a women’s refuge, a doctor or a social worker.

Court can terminate the perpetrator’s interest in the tenancy agreement (take their name off the tenancy agreement)

The court is able to terminate the perpetrator’s interest in a tenancy agreement where the perpetrator is excluded from the premises by way of a court order, or where the court is satisfied that the perpetrator has committed family violence against the protected tenant during the tenancy period. This reform is aimed at enabling the victim-survivor to stay in the rental home.

Court can assign liability for debt (rather than all tenants on agreement being liable)

The court can assign liability for injuries, other than personal injury, (for example, damage to the property and unpaid rent) to the perpetrator if the damages and unpaid rent are as a result of family violence during the tenancy agreement. This is aimed at minimising the risk of the victim of family-domestic violence being indebted as a result of terminating the tenancy agreement early.

Court can distribute the bond before the end of the tenancy

Enabling the court to apportion disposal of a security bond to the victim-survivor tenant if it is appropriate in the circumstances to do so.

Lodging your submission

You can complete an online survey or for written or workbook submissions please send by:

email OR
mail to:
Review of Family Violence Provisions (Tenancy)
Department of Mines, Industry Regulation and Safety
Consumer Protection Division
Locked Bag 100
EAST PERTH WA 6892