What is family violence?

Family violence can be physical, sexual, or psychological abuse. The tenant who is experiencing family violence and the perpetrator may live together. However, the perpetrator does not have to be living with the tenant for the tenant to be able to withdraw from their tenancy following family violence.

Family violence has the meaning given to it by sections 9-14 of the Family Violence Act 2018. In summary:

• It is ‘violence’ inflicted within a ‘family or close personal relationship’, i.e., with another person who is a spouse or partner (or former spouse or partner), a family member, flat mate or within any close personal relationship.
• ‘Violence’ may be physical, sexual, or psychological abuse, a single act or a pattern of behaviour that is coercive or controlling and which causes, or may cause cumulative harm, even if any of the abusive behaviours, when viewed in isolation, appear minor. ‘Violence’ may also be dowry-related violence.
• Psychological abuse includes intimidation, harassment, stalking, damage to property, ill-treatment of pets, economic abuse, removing access to medication, or other aids or supports that affect someone’s quality of life.
• Psychological abuse also includes causing or allowing a child to see or hear abuse of a family member or putting them at risk of seeing or hearing this abuse. However, a person suffering abuse is not responsible for causing or allowing the child to see or hear the abuse.
• More information about family violence(external link)  — Ministry of Justice

The withdrawal notice and approved form to be used

The withdrawal notice must be given to the landlord in the approved form and including the following written information:

• the name of the withdrawing tenant
• the address of the tenancy
• the date that the withdrawal will take effect (the withdrawing tenant needs to give at least 2 days’ notice)
• one form of qualifying evidence that the tenant has experienced family violence during the tenancy.

Notice can be given through the following methods:

• sent to an email address, PO Box, or fax number if it is listed on the tenancy agreement as an additional address for service
• sent by post or delivered to the physical address for service listed on the tenancy agreement, or
• hand-delivered (by anyone).

The following form must be used for the family violence withdrawal notice – this form identifies all the information required for the withdrawal notice.

Approved form for family violence withdrawal notice and qualifying evidence [DOCX, 103 KB]

Approved form for family violence withdrawal notice and qualifying evidence [PDF, 480 KB]

The notice will be considered to have been delivered and received by the landlord at the time it is posted or otherwise delivered as long as the address is correct, (unlike other tenancy-ending-notices). The notice period will start the following day. The withdrawing tenant should keep a copy of the notice for their records. They should also keep a record of contact information of anyone who provides evidence to support the withdrawal notice.

Tenants may contact their landlord, for example by phone, to let them know they have sent notice of their withdrawal from the tenancy, and to discuss any other tenancy-related matters, eg, the bond.

Find out more about serving notices for withdrawal due to family violence

Under the Residential Tenancies Act (the Act) and the Privacy Act 2020, landlords must treat the withdrawal notice and accompanying evidence as confidential and must not disclose it unless permitted under the Act or if required by law.

Withdrawal notices and evidence must be kept confidential by landlords

What evidence of family violence is required?

The types of qualifying evidence are listed below and one of these must accompany the withdrawal notice: 

There is a ‘written statement’ section in the family violence withdrawal notice and a separate statutory declaration form that can be used by a prescribed person listed above.

The withdrawal notice and accompanying information is confidential and must not be disclosed by the landlord unless permitted under the Act or if otherwise required by law.

Approved form for family violence withdrawal notice and qualifying evidence  [DOCX, 103 KB]

Approved form for family violence withdrawal notice and qualifying evidence [PDF, 480 KB]

The roles and responsibilities of people providing evidence of family violence for a tenant

If you are one of the prescribed persons above, you can provide a written statement by completing the section in the withdrawal notice (this can be scanned and emailed), or you can provide a statutory declaration that a tenant has been a victim of family violence during their current tenancy, using the statutory declaration form if you wish.

The following form includes all the requirements for prescribed persons making a statutory declaration.

Template for statutory declaration – prescribed person [DOCX, 85 KB]

Template for statutory declaration – prescribed person [PDF, 434 KB]

You do not need to provide any detail about the family violence.

If you are not comfortable making a written statement or completing a statutory declaration then you can suggest that the person uses another form of qualifying evidence, for example, making their own statutory declaration.

After providing evidence

After completing the written statement or statutory declaration, you should give it to the tenant. You are not required to take any further action or to keep a copy. The tenant may wish to take note of your contact information – if the landlord considers that the documents are not completed properly or are not completed by a prescribed person then the Tenancy Tribunal may need to contact you. Note that landlords may not challenge a family violence withdrawal notice on whether the family violence did or did not take place.

The tenant must include this qualifying evidence with their withdrawal notice for family violence and give these documents to their landlord or property manager to end their tenancy.

Only the tenant’s landlord or property manager will receive the statement or declaration, which they must keep confidential and can only disclose in very limited circumstances. 

Withdrawal notices and evidence must be kept confidential by landlords

Landlords must treat the withdrawal notice and the supporting evidence as confidential. They can only disclose the notice or evidence in the following circumstances:

• between the withdrawing tenant’s landlord, the property manager and/or the property owner, where this is necessary or desirable for reasons related to the tenancy
• where they have the permission of the person experiencing the family violence
• when seeking legal advice
• for legal proceedings to resolve a dispute with the tenant (or guarantor of the tenancy)
• where disclosure is permitted or required by law.

The landlord can be liable to a fine of up to $3,000 if they unlawfully share the notice or the evidence; for example, if they disclose the notice or qualifying evidence to remaining tenants or other landlords during a reference check.

Find out more about the Privacy Act(external link) — Privacy Commissioner

What happens once the withdrawal notice has taken effect

The tenant who is withdrawing will no longer be responsible for rent under the tenancy once the notice period ends (which must be a minimum of two days).  Tenants are subject to their tenancy obligations under the Act and the Tenancy Agreement up until the last day of the withdrawal notice period. They can leave right away for safety but will need to pay rent until the end of the notice period.

If the tenant has any difficulties meeting these obligations, or meeting the landlord at the property, they should discuss this with the landlord and try to come to an arrangement that works for both.

If the person experiencing family violence is the only tenant, the tenancy will end. The normal end of tenancy requirements will apply.

What to know when a tenancy ends

When there are other tenants

If there are remaining tenants, the tenancy continues. The withdrawing tenant must give notice of the withdrawal to the other tenants no later than 2 days after their withdrawal from the tenancy. This does not have to be done in person, and no evidence of family violence or other information needs to be shared. A failure to notify any remaining tenants does not invalidate the withdrawal notice.

The following form is a template for notice of withdrawal by tenant to other tenants – this form includes all the necessary requirements when giving notice to the remaining tenants.

Template for notice of withdrawal by tenant to other tenants [DOCX, 81 KB]

Template for notice of withdrawal by tenant to other tenants [PDF, 418 KB]

The amount of rent for which the remaining tenants are liable is reduced for 14 days following the withdrawal. Landlords must use the formula included in the legislation for adjusting the rent payable for this period. After 14 days, the rent will return to the normal rent payable, as per the tenancy agreement.

Rent payable formula in the Residential Tenancies Act 1968(external link) — Legislation.govt.nz

Landlords can contact the remaining tenants in the property about the automatic temporary rent reduction that starts after the end of the notice period. They must not disclose more than the information within the template letter.

Landlords can choose to use the following template letter to advise any remaining tenants of the temporary rent deduction.

Template landlord to remaining tenants advising of rent reduction [DOCX, 98 KB]

Template landlord to remaining tenants advising of rent reduction [PDF, 256 KB]

The 14-day rent adjustment period does not apply to tenants who pay income-related rent or are in a Public and Community Housing Management Act (PACHMA) tenancy. In these cases, tenants should discuss with their landlord how their circumstances have changed, for example, their household income.

Following the withdrawal, the remaining tenants can consider the following options:

• Remain in the tenancy with a reduced number of tenants.
• Seek agreement from the landlord to add a new tenant (to replace the departing tenant).
• Try to find a flat mate (if not prohibited by the tenancy agreement).
• Apply to the Tenancy Tribunal to end the tenancy due to hardship, for example financial hardship. (An application to end the tenancy for financial hardship must be made within 60 days after the withdrawal).
• Issue a 28-day notice to end the tenancy (if the tenancy is a periodic tenancy agreement).

Bond refund process

The bond refund process will not be any different for tenants and landlords in this situation.

• If there are multiple tenants on the bond record then the withdrawing tenant will need to seek agreement from the landlord and other named tenants to have the bond (or part) refunded to them. The landlord and remaining tenants can agree on a plan to top up the bond to the amount required under the tenancy agreement. The agreed amount must be lodged using our bond lodgement webform - ‘top up an existing bond’.
• It is in the interests of the remaining tenants to sort out the bond at this point to avoid any delays with refunding at the end of the tenancy.
• If the withdrawing tenant does not want to request a refund for the bond (or part of), they can complete a change of tenant form (departing tenant) to have their name removed from the bond record. The withdrawing tenant doesn’t have to make this decision at the point of withdraw.

Find out more about bond refunds

Lodge your bond or top up an existing bond(external link)

Resolving disputes

If there is a dispute, either party can apply to the Tenancy Tribunal to have the matter resolved. Landlords are encouraged to be flexible in their approach to tenants who are in circumstances of family violence.

A landlord may not challenge a family violence withdrawal notice accompanied by qualifying evidence in the Tenancy Tribunal on the point of whether the family violence did or did not take place. If the documents are not completed properly or not completed by a prescribed person the landlord or property manager can challenge the notice by filing an application in the Tenancy Tribunal.

Tenancy Tribunal hearings relating to a family violence withdrawal notice must be held in private, evidence must be given remotely if a party requests this and the necessary facilities are available, and the names and identifying details of the parties must be suppressed by the Tenancy Tribunal.

Tenancy tribunal

Where to get help for family violence

Find out more about family violence helplines and services(external link) — Are You OK 

Find help for elder abuse & neglect(external link) — Age Concern

Read about how to help someone you know(external link) — Shine

Tenancy Orders by the Family Court

Applicants for a Protection Order from the Family Court can also get a Tenancy Order that gives them the right to live in any place that they and the other person have been renting together. This can be done even if the other person is named as the only (“sole”) tenant on the tenancy agreement. The Tenancy Order makes the applicant the sole (only) tenant of the property, and it means that the other person stops being a tenant and no longer has a right to live there. The Tenancy Order is sufficient to vary the tenancy agreement, even if the other person does not agree to a variation.

A Tenancy Order can’t be granted if other people are also tenants of the property.