NSW Government Strengthens Protections for People Experiencing Domestic Violence and Abuse in Rental Properties

New rental protections for people experiencing domestic abuse took effect on 21 September 2026. The changes strengthen protections on ending a tenancy, rental bonds, property damage and privacy. Under the new rules, a tenant can end their tenancy immediately if they or their dependent child are experiencing domestic abuse. There is no minimum notice period or financial penalty in these circumstances. To end the tenancy under these protections, the tenant must give their landlord a Domestic Violence Termination Notice and provide the required evidence. The protections also introduce new rules for co-tenants and expand the range of professionals and services that can provide evidence of domestic abuse.

NSW Government — Tenant protections for domestic violence and abuse in a rental property

More Ways to Provide Evidence of Domestic Abuse

Tenants can use one of four forms of evidence when giving a Domestic Violence Termination Notice. The evidence can be a certificate showing that the alleged perpetrator has been convicted of a domestic violence offence, a provisional, interim or final Domestic Violence Order, a family violence injunction that is in force, or a declaration made by a recognised “competent person”. A competent person declaration means a victim-survivor can provide evidence without first reporting the abuse to police or applying to a court. Competent persons can include registered health practitioners, eligible social workers, approved counsellors, financial counsellors, Australian legal practitioners and authorised employees from certain government or government-funded community organisations.

Eligible organisations can include services that provide support for domestic abuse, emergency accommodation, housing, disability, health, welfare and legal assistance. Some organisations that provide direct services to migrants, refugees and Aboriginal and Torres Strait Islander people can also have authorised employees who can make a declaration. NSW Fair Trading said the expanded arrangements are intended to make it easier for people who may face additional barriers to access this evidence, including migrants, refugees, people with limited English, people with disability and people living in rural or remote areas.

NSW Government — Ending a tenancy because of domestic violence and abuse

NSW Government — Making a competent person declaration for tenancies affected by domestic abuse

Changes for Co-Tenants, Rent and Rental Bonds

The changes also introduce new protections for other tenants when a victim-survivor leaves a shared rental property. A tenant using a Domestic Violence Termination Notice no longer needs to personally notify their co-tenants. The landlord or agent should notify each other tenants within 7 days after the tenancy ends. The copy of the termination notices or supporting evidence must be handled securely and cannot be disclosed to anyone who is not authorised to receive the information. Co-tenants who are non-perpetrator have a 2-week grace period where they only have to pay their share of the rent. During this period, they only need to pay their own share of the rent. This gives them time to find a new co-tenant or apply to the Tribunal to end their tenancy. If the alleged perpetrator remains in the property, they may need to pay the remaining rent after other protected co-tenants have paid their shares.

Protection for Rental Bonds and Property Damage

Non-perpetrator co-tenant is not responsible for the cost of property damage caused by domestic abuse. This protection applies whether the damage was caused by another tenant, an occupant, a guest or another person. If there is a dispute about whether the damage was caused by domestic abuse, the NSW Civil and Administrative Tribunal (NCAT) must consider evidence of domestic abuse and make an assessment on the civil standard of proof, known as the balance of probabilities. If other tenants stay after a shared tenancy ends, the departing tenant can ask the remaining tenants to pay them their share of the rental bond. The remaining tenants generally have 14 days to make the payment. Unpaid rent or other reasonable property-related costs can be deducted.

However, money cannot be deducted for property damage caused by domestic abuse if the departing tenant was not the perpetrator. For residential tenancy agreements signed after 21 September 2026, each co-tenant’s original bond contribution will also be recorded in the tenancy agreement. This will make it clearer how much each person paid if the bond later needs to be divided.

NSW Government — Tenant protections for domestic violence and abuse in a rental property

Stronger Privacy and Security Protections

The changes also introduce stronger privacy protections when landlords or agents take photos or videos of a rental property for sale or rental advertising.

Landlords and agents must give tenants at least seven days’ notice before taking advertising photos or videos. They must also give tenants a reasonable opportunity to move, cover or remove their personal belongings. If photos or videos show personal belongings or the personal belongings of their dependent child, the landlord or agent must provide copies of the images free of charge and get the tenant’s written consent before publishing them. A tenant can refuse consent if there is evidence of domestic abuse, or if they reasonably believe that publishing the images could reveal their location and put them or their dependent child at risk of further abuse. The changes also expand the circumstances in which tenants can change locks or other security devices without the landlord’s consent. This includes some situations where an alleged perpetrator is legally prevented from entering the property under an AVO, domestic violence order, family violence injunction, bail condition or parole condition. Victim-survivors who can provide evidence of domestic abuse are also protected from prohibited listings on residential tenancy databases.

NSW Government — Advertising rental properties in circumstances of domestic violence and abuse

People who are in immediate danger could call Triple Zero (000). The Domestic Violence Helpline is available on 1800 656 463 for free telephone crisis counselling and referral services.