Leaving Safely: Domestic Violence Reforms in NSW Tenancy Law

Domestic Violence Reforms in NSW Tenancy Law

The NSW government has recently introduced the Residential Tenancies Amendment Act (Domestic Violence Reform) Bill 2025 which seeks to make changes to existing residential tenancy laws to provide stronger protections for tenants experiencing domestic violence. These reforms are aimed at facilitating the tenant’s ability to make urgent decisions about their housing without being burdened by ongoing financial or legal obligations.

With housing stress already high and rental affordability a growing concern, these laws play an important role in ensuring vulnerable tenants can leave unsafe situations quickly and safely, while balancing the rights of landlords and co-tenants.

Ending a lease more safely

Since 2019, tenants experiencing domestic violence have been able to end their lease immediately and without penalty by serving a Domestic Violence Termination Notice. However, under the current law, co-tenants and landlords must be notified, which in some cases can compromise safety.

The 2025 reforms remove the requirement to notify the alleged perpetrator when a lease is terminated on domestic violence grounds. This change reduces the risk of further harm and ensures victims of domestic violence can exit housing arrangements without fear of retaliation.

The reforms also expand the list of professionals who can provide a declaration confirming that a person is experiencing domestic violence. This makes it easier for tenants to access the protections available, particularly for vulnerable groups such as people with disabilities, Aboriginal and Torres Strait Islander communities and those from non-English speaking backgrounds.

Locks and security

One of the practical challenges for tenants has been securing their homes when they are at risk. The new laws allow tenants to change locks without landlord approval where a court order, bail condition or parole order excludes the perpetrator from the premises. This ensures tenants can act immediately to protect their safety, without unnecessary delay.

Protecting privacy

Privacy is another focus of the reforms. Real estate agents and landlords will now be required to obtain the tenant consent before publishing photographs or videos of rental properties that reveal a tenant’s personal belongings. This change helps reduce the risk of a victim-survivor being identified or located by an abusive partner through property advertisements.

Liability and tenancy databases

The reforms also clarify that tenants will not be held liable for property damage caused during incidents of domestic violence. The NSW Civil and Administrative Tribunal (NCAT) will be given clearer powers to determine whether damage is linked to domestic violence and, if so, to ensure the tenant is not unfairly responsible.

In addition, stronger measures are being introduced to prevent survivors from being disadvantaged when seeking new housing. NSW Fair Trading will have enhanced powers to order the removal of victim-survivors from residential tenancy databases, sometimes referred to as “blacklists”.

Rental bonds

Shared tenancies often create difficulties when it comes to bond refunds. The new laws will allow NCAT to divide rental bonds between tenants, including victim-survivors, to ensure each party can recover their fair share. This change will help reduce financial hardship and make it easier for victim-survivors to move on to safer housing.

Why these reforms matter

Together, these reforms remove significant barriers for tenants experiencing domestic violence. By making it easier to leave unsafe housing, protecting privacy, clarifying financial responsibilities and improving access to tenancy rights, the law strikes a better balance between landlord interests and the urgent need to protect vulnerable tenants.

For landlords, the changes highlight the importance of understanding the evolving tenancy framework and ensuring compliance with the law. For tenants, the reforms provide stronger pathways to safety, stability and fairness.

If you would like further information about the new domestic violence tenancy laws, or if you need assistance as a tenant or landlord in understanding your rights and obligations, please contact our office to speak with one of our Property Law experts on (02) 4626 5077.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.

📞 Call us: 02 4626 5077
📍 Visit us: See our locations