Provisions relating to family violence and physical assault are in force. Regulations to support these changes were finalised on 1 December 2022 and come into effect on 29 December 2022.
These regulations enable:
- a tenant who experiences family violence during a tenancy to remove themselves from the tenancy by giving the landlord at least 2 days’ written notice in the approved form (with qualifying evidence of family violence) without financial penalty or the need for agreement from the landlord. This applies to both fixed-term and periodic tenancy agreements. Victims of family violence do not need to apply to the Tenancy Tribunal to end their tenancy.
- a landlord to give written notice of at least 14 days in the approved form to terminate a tenancy, if the tenant has physically assaulted the landlord, the owner, a member of the landlord or owner’s family, or the landlord’s agent, and the Police have filed a charge against the tenant in respect of the assault. Landlords will need to provide qualifying evidence of the charge being filed.
Currently these provisions can be used, but the regulations provide detail about what types of evidence are permitted to support the withdrawal or termination notice and what happens after the tenant has withdrawn from the tenancy.
The withdrawal notice for family violence, termination notice for physical assault, and other templates needed for this process can be found using the links below.
Withdrawal from a tenancy following family violence
Ending a tenancy for physical assault by the tenant
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