Ending a tenancy because of domestic violence

Domestic violence circumstances

A tenant or their dependent child is in circumstances of domestic violence if:

• they were the victim of a domestic violence offence during the tenancy, or
• they are protected by an in-force provisional, interim or final Domestic Violence Order (DVO), or
• they are protected against family violence by an in-force family law injunction, or
• a competent person has declared them to be a victim of domestic violence during the current tenancy.

Giving a domestic violence termination notice

To end a tenancy in circumstances of domestic violence, a tenant will need to give:

• the landlord or the landlord’s agent a domestic violence termination notice and attach one of the following permitted forms of evidence:
  • certificate of conviction for the domestic violence offence
  • family law injunction
  • provisional, interim or final Domestic Violence Order
  • declaration made by a competent person in the prescribed form.
• each co-tenant a domestic violence termination notice.

No minimum notice period for termination

A minimum notice period is not required in these circumstances.

A domestic violence termination notice must include a termination date, which can be on the same day that the notice is given or a date after the notice is given.

A domestic violence termination notice does not need to be given in person. Find out more about how termination notices can be served.

Sample domestic violence termination notices

• Sample domestic violence notice to terminate tenancy – from tenant to landlord or agent (PDF 143.27KB) (PDF 143.27KB)
• Sample domestic violence notice to terminate tenancy - from tenant to each co-tenant (PDF 137.13KB) (PDF 137.13KB)

Declaration by a competent person

This declaration is one of the 4 acceptable forms of evidence a tenant can use to attach to their termination notice, to end their tenancy without penalty.

The declaration has been made available in response to concerns that many victims of domestic violence do not feel comfortable going to the police or engaging with the justice system.

Get a full list of competent persons who can make a declaration.

Find also the forms for a competent person to use to make a declaration.

Help and support

There is a range of support services available for victim-survivors of domestic violence.