NSW strengthens rental protections for people escaping domestic abuse

Stronger NSW tenancy protections for people experiencing domestic abuse took effect on Monday, changing how leases can be ended and how rental bonds, property damage, privacy and co-tenants must be handled.

The reforms are intended to remove financial and administrative barriers that may prevent someone from leaving an unsafe home. They also create practical responsibilities for landlords and property managers once a domestic violence termination notice is received.

The changes apply where a tenant or their dependent child is experiencing domestic abuse. NSW tenancy guidance now uses the broader term domestic abuse to cover a wider range of behaviour in domestic relationships.

Leaving an unsafe tenancy

A qualifying tenant can end their tenancy immediately without a minimum notice period, break fee or other financial penalty. They must provide the landlord or agent with a domestic violence termination notice and the required supporting evidence.

The departing tenant no longer has to notify the other tenants. That responsibility shifts to the landlord or agent, who must notify each remaining co-tenant within seven days after the tenancy ends.

This is an important privacy and safety change. It reduces the need for a person leaving abuse to communicate directly with an alleged perpetrator or disclose information to other occupants while arranging their departure.

The reforms have also expanded access to people who can provide a competent-person declaration supporting a termination. NSW Fair Trading says the wider group is intended to improve access for people who may face additional barriers, including people with disability, First Nations people, migrants, refugees, people with limited English and those in regional or remote communities.

New rules for co-tenants and rent

When a non-perpetrator tenant leaves, remaining co-tenants who are also not alleged perpetrators receive a two-week period in which they are required to pay only their own share of the rent. This gives them time to find another occupant or ask the NSW Civil and Administrative Tribunal to end the tenancy.

If the alleged perpetrator remains at the property, NSW Government guidance says they become responsible for the full rent, less any share paid by other non-perpetrator co-tenants, from the date the termination notice was served.

Landlords and agents will need to identify the different obligations carefully rather than automatically seeking the departing tenant’s portion from everyone who remains.

Bond and property damage protections

A departing tenant in a shared lease can ask the remaining tenants to repay their part of the rental bond. The remaining tenants generally have 14 days to pay, although unpaid rent or other reasonable property-related costs may be deducted.

If it is unsafe or impractical to ask the remaining tenants directly, or there is a dispute, the departing tenant can apply to NCAT. Applications concerning division of the bond must be made within six months after the tenancy ends.

Standard residential tenancy agreements signed after 21 September 2026 will record each co-tenant’s original bond contribution. This should provide clearer evidence when a shared bond needs to be divided.

A victim-survivor who did not cause damage arising from domestic abuse is not responsible for the repair cost. The protection also extends to a non-perpetrator co-tenant, regardless of whether the damage was caused by another tenant, an occupant, a guest or someone else. If the cause is disputed, NCAT must consider the evidence and decide on the balance of probabilities.

Advertising photos and personal safety

The new framework also addresses the risk that property advertising could reveal a tenant’s location or personal information.

Before taking photos or videos for publication, a landlord or agent must give at least seven days’ notice and a reasonable opportunity for belongings to be moved or covered. Where the material shows the belongings of an affected tenant or dependent child, copies must be supplied free and written consent obtained before publication.

Consent can be refused where there is evidence of domestic abuse or a fear that publication could reveal the tenant’s location and expose them or a dependent child to harm.

Landlords and agents should update their procedures, templates and staff training immediately. A routine approach to photography, bond division, damage claims or communications with co-tenants may now breach the rules or create a safety risk.

Anyone in immediate danger should call 000. The NSW Domestic Violence Line provides crisis counselling and referrals on 1800 656 463.

What it means for you

• Affected tenants can end a qualifying tenancy immediately without a break fee or minimum notice period.
• Landlords and agents, not the departing tenant, must notify remaining co-tenants within seven days.
• Non-perpetrator tenants have stronger protection from damage costs and clearer options for recovering their bond share.
• Agents and landlords must treat advertising photos, personal belongings and location information as potential safety issues.