RTA Webinar - Domestic and family violence provisions while renting

Summary

The webinar hosted by the Residential Tenancies Authority (RTA) of Queensland focuses on the provisions for domestic and family violence in tenancy laws. It outlines the rights of tenants experiencing violence, including the ability to terminate tenancy without penalty, and the responsibilities of property managers and landlords. The session discusses the legal amendments, provides a scenario for understanding the process, and offers resources for further education on the topic.

Takeaways

• 📝 The webinar focuses on domestic and family violence provisions in Queensland's tenancy laws, highlighting the RTA's commitment to education and awareness on this sensitive issue.
• 🏡 The Housing Legislation Amendment Act 2021, effective from October 2021, introduced changes to the Residential Tenancies and Room Accommodation Act, including provisions for tenants experiencing domestic and family violence (DFV).
• 🛑 Tenants affected by DFV can terminate their tenancy by giving seven days' notice and are not liable for re-letting costs or damages caused by the violence.
• 🔒 Tenants may change the locks on their rental property without the owner's consent for safety reasons, but this does not apply to room accommodation situations.
• 📋 Tenants must provide evidence of DFV, such as a protection order or a completed DFV report, to the property manager or landlord to support their notice of ending tenancy.
• ⏳ Property managers or landlords have a strict timeline to follow upon receiving a notice of ending tenancy interest, including assessing the notice and potentially applying to QCAT to set it aside.
• 🤝 Co-tenants are jointly liable for the tenancy, meaning they may be responsible for rent and bills, but not for damages caused by DFV experienced by one of the co-tenants.
• 💼 Property managers and landlords must maintain confidentiality and handle each DFV case with sensitivity, considering the complexities and potential impacts on all parties involved.
• 🔗 The RTA provides resources and education on the new laws, including flowcharts and forms, to assist property managers, landlords, and tenants in understanding and applying the DFV provisions.
• ❓ The webinar encourages participants to seek independent legal advice for specific situations, as the presenters cannot provide legal advice.
• 📊 The session includes interactive elements like polls and a survey to gauge audience understanding and gather feedback for future tenancy topic suggestions.

Q & A

What is the purpose of the RTA's webinar on domestic and family violence provisions in Queensland's tenancy laws?

The purpose of the webinar is to educate participants about the provisions in the tenancy laws related to domestic and family violence, ensuring that the Queensland rental sector is informed and aware of these sensitive issues.

Who are the presenters of the webinar?

The presenters are Lynn Smith from the Communication and Education team and her colleague Lauren Thompson.

What is the significance of acknowledging the traditional owners at the beginning of the webinar?

It is a sign of respect and recognition of the indigenous people of the land where the webinar is being hosted and where the participants are joining from.

What changes were introduced by the Housing Legislation Amendment Act 2021?

The Act introduced changes to the provisions under the Residential Tenancies and Room Accommodation Act, including immediate start of DFB provisions similar to the previous COVID-19 emergency response regulations, and other changes related to renting with pets, ending tenancy provisions, and minimum housing standards.

What are the key provisions for tenants experiencing domestic and family violence under the new laws?

Tenants can end their interest in the tenancy by giving seven days' notice and paying rent for that period. They can request a refund of their bond contribution and are not liable for re-letting costs or damages caused by the domestic and family violence.

What is the process for a tenant to vacate a property due to domestic and family violence?

The tenant must issue a Notice of Ending Tenancy Interest (NETI Form 20) to their property manager or landlord, along with relevant evidence such as a protection order or a completed domestic and family violence report.

What is the role of a property manager or landlord upon receiving a notice from a tenant experiencing domestic and family violence?

The property manager or landlord must assess the notice and evidence. If they do not agree, they must apply to QCAT within seven days to have the notice set aside and inform the vacating tenant of their intention to do so.

What are the responsibilities of a co-tenant like Joe in the scenario provided?

Joe, as a co-tenant, is jointly and severally liable for the tenancy, which includes paying the full rent, any bills, and addressing damages not caused by domestic and family violence. He also has options to consider, such as finding a replacement tenant or applying to QCAT for hardship.

What is the continuing interest notice and when should it be issued by the property manager or owner?

The continuing interest notice is issued to the remaining tenants between 7 to 14 days after the person experiencing domestic and family violence has ended their interest in the tenancy. It informs them of their ongoing responsibilities and rights.

What are the confidentiality considerations for property managers and landlords in handling domestic and family violence cases?

Property managers and landlords must maintain confidentiality throughout the process, especially with the new penalty provisions attached to non-compliance. They should handle the situation with sensitivity and awareness of the complexities involved.

What resources are available for further information on domestic and family violence provisions in tenancy laws?

Resources such as the RTA's website, which includes forms, flowcharts, and additional educational materials, as well as their contact center at 1300 366 301, are available for further information and one-on-one assistance.

Outlines

00:00

📝 Introduction to the RTA Webinar on Tenancy Laws and Domestic Violence

The webinar, hosted by Lynn Smith and Lauren Thompson from the Residential Tenancies Authority (RTA), focuses on the provisions relating to domestic and family violence in Queensland's tenancy laws. The presenters acknowledge the traditional owners of the land and pay respects to elders. They emphasize the RTA's commitment to improving education and awareness about these sensitive issues. The session aims to clarify the provisions, provide a scenario for understanding considerations from all parties involved, and direct attendees to further resources. It is noted that legal advice cannot be provided, and attendees are encouraged to seek independent advice. The interactive session includes a chat function for questions, a post-session survey, and polls to gauge the audience's background and interests.

05:02

🏡 Overview of Changes to Housing Legislation and Tenant Rights

The Housing Legislation Amendment Act 2021, effective from October 20, 2021, has altered provisions under the Residential Tenancies and Room Accommodation Act. The changes are phased, with domestic and family violence (DFV) provisions already in effect, similar to previous emergency regulations. Other changes include a framework for negotiating pet-friendly renting, ending tenancy provisions, and amendments to repair orders, which will commence on October 1, 2022. The RTA plans to deliver education on the new laws and regulations. The DFV provisions allow tenants experiencing violence to terminate their tenancy by giving seven days' notice, paying rent for that period, and requesting a bond refund without liability for re-letting costs or damages caused by the violence. Tenants may also change locks for safety without owner consent, except in room accommodation.

10:05

📋 Process for Tenants to End Tenancy Due to Domestic Violence

Tenants affected by domestic violence must issue a Notice of Ending Tenancy Interest (NETI) form to their property manager or landlord, providing relevant evidence such as a protection order or a completed domestic and family violence report. The property manager or landlord must assess the notice and, if不同意, apply to the Queensland Civil and Administrative Tribunal (QCAT) to set aside the notice within seven days and inform the vacating tenant of their intention. If the notice is accepted, the property manager or landlord must issue a Continuing Interest Notice to remaining tenants within 7 to 14 days after the tenancy interest ends. The process includes strict timelines and confidentiality requirements, with penalties for non-compliance. The RTA provides forms and resources to assist with these processes.

15:07

🤝 Scenario Analysis: Vicki, Joe, and Property Manager Sarah

In a scenario where Vicki, experiencing domestic violence, wants to end her tenancy, she must submit a notice and evidence to her property manager, Sarah. Vicki is responsible for seven days' rent and any outstanding bills but not for damages caused by the violence. Co-tenant Joe, who may not be aware of Vicki's situation, has concerns about paying full rent and maintaining the tenancy. He has options such as finding a replacement tenant, negotiating a payment plan, or applying to QCAT for tenancy termination on hardship grounds. Sarah, as the property manager, must follow strict timelines, issue notices appropriately, and maintain confidentiality. The scenario highlights the complexities and the need for case-by-case treatment, emphasizing the importance of understanding and applying the new laws.

20:09

🔒 Tenant's Option to Change Locks for Safety and Key Management

Tenants experiencing domestic violence who choose to stay in the rental property have the right to change the locks without the owner's permission for their safety. They must use a qualified locksmith, pay for the new locks, and provide a copy of the keys to the owner or manager when practical. New legislation (Section 2114) stipulates that owners or managers cannot give a key to anyone else without the tenant's consent or a reasonable excuse, with penalty provisions for non-compliance. The RTA has released new flowchart resources to help property managers and tenants understand the process and steps involved in domestic and family violence situations.

25:11

🗂 Conclusion and Additional Resources for Domestic and Family Violence Provisions

The webinar concludes with a final poll to gauge attendees' understanding of domestic and family violence provisions in rental properties. The RTA provides various resources, including a podcast and previous webinars, to assist with learning more about these provisions. Attendees are encouraged to use the RTA's website and search function for 'domestic' to access these resources. The RTA's contact center is also available for one-on-one assistance. The presenters thank the attendees for their participation and look forward to future sessions.

Keywords

💡Domestic and Family Violence

Domestic and Family Violence (DFV) refers to a pattern of abusive behaviors by one partner against another in an intimate relationship, which can include physical, emotional, sexual, economic, or psychological abuse. In the video's context, DFV is the central issue being addressed, particularly in relation to its impact on tenancy laws in Queensland. The script discusses provisions that allow tenants experiencing DFV to end their tenancy without penalty, illustrating the legal measures in place to protect those affected by such violence.

💡Tenancy Laws

Tenancy laws are the legal regulations governing the relationship between landlords and tenants. The script specifically references Queensland's tenancy laws, highlighting recent amendments that include provisions for tenants experiencing domestic and family violence. These provisions aim to provide tenants with the ability to safely terminate their rental agreements under certain conditions, showcasing the laws' role in offering protection and support to vulnerable individuals.

💡Residential Tenancies and Room Accommodation Act

The Residential Tenancies and Room Accommodation Act is the legislation that governs the rental of residential properties and rooming accommodation in Queensland. The script mentions amendments to this act, emphasizing changes that directly affect how tenants experiencing domestic and family violence can manage their tenancy, including the ability to end their interest in the property under specific conditions.

💡Notice of Ending Tenancy Interest (NETI)

A Notice of Ending Tenancy Interest (NETI) is a formal document used by a tenant to indicate their intention to end their tenancy. In the script, it is explained that a tenant experiencing DFV can issue a NETI form to their property manager or landlord, which is a crucial step in the process of ending their tenancy due to violence. The form must be accompanied by relevant evidence of the violence to be considered valid.

💡Bond Refund

A bond refund refers to the return of the security deposit paid by a tenant at the beginning of a tenancy. The script explains that tenants who have paid bond money and are experiencing DFV can request a refund of their bond contribution when they decide to end their tenancy, emphasizing the financial considerations and protections provided to those in such situations.

💡Re-letting Costs

Re-letting costs are expenses incurred by a landlord or property manager when finding a new tenant for a property. The video script clarifies that tenants experiencing DFV are not liable for these costs when they end their tenancy, indicating a specific legal protection that alleviates financial burdens for those affected by violence.

💡Changing Locks

Changing locks is a security measure that tenants experiencing DFV can take to ensure their safety. The script specifies that under the new provisions, tenants have the right to change the locks on the rental property without the owner's consent, provided they use a qualified locksmith and later provide a copy of the new keys to the property owner or manager.

💡Continuing Interest Notice

A Continuing Interest Notice is a document issued to remaining co-tenants after one tenant has ended their interest in the tenancy due to DFV. The script outlines the process and timeline for issuing this notice, which is crucial for managing the tenancy agreement and ensuring all parties are informed of the changes in occupancy.

💡QCAT (Queensland Civil and Administrative Tribunal)

QCAT, or the Queensland Civil and Administrative Tribunal, is a body that provides an accessible and efficient forum for the resolution of civil and administrative disputes. The script mentions that property managers or landlords who do not agree with a tenant's notice to end tenancy due to DFV can apply to QCAT within seven days to have the notice set aside, highlighting the role of QCAT in dispute resolution within tenancy matters.

💡Confidentiality

Confidentiality in the context of the script refers to the obligation of property managers, landlords, and their employees to maintain the privacy of information related to a tenant's experience of domestic and family violence. The script emphasizes the importance of confidentiality, particularly in situations involving sensitive issues like DFV, to protect the tenant's safety and privacy.

💡Housing Legislation Amendment Act 2021

The Housing Legislation Amendment Act 2021 is the legislation that introduced changes to the provisions under the Residential Tenancies and Room Accommodation Act, including those related to domestic and family violence. The script discusses the commencement of these changes and their impact on tenancy laws, indicating the significance of this amendment in shaping the legal landscape for tenants experiencing violence.

Highlights

Introduction to the webinar on domestic and family violence provisions in Queensland's tenancy laws by Lynn Smith and Lauren Thompson.

Acknowledgment of traditional owners and respect to elders past, present, and emerging.

RTA's commitment to improving education and awareness of tenancy law provisions related to domestic and family violence.

Webinar's goal to align participants on the same page regarding tenancy law provisions and provide resources for further information.

Clarification that the webinar cannot provide legal advice and encourages seeking independent advice for informed decisions.

Interactive session with a chat function for questions and a one-minute survey for feedback and topic suggestions.

Polls to identify the audience's sector and location, revealing a majority from southeast Queensland.

Overview of the Housing Legislation Amendment Act 2021 and its commencement date.

Explanation of the staged approach to the new laws, including immediate DFB provisions and upcoming changes.

Details on the new laws regarding tenants experiencing domestic and family violence and their rights to end tenancy.

Process for vacating tenants to issue a notice and provide evidence of domestic and family violence.

Property managers' or landlords' responsibilities upon receiving a notice and the option to apply to QCAT to set aside the notice.

Procedure for property managers or owners to issue a continuing interest notice to remaining tenants.

Penalty provisions for non-compliance, particularly regarding confidentiality in domestic and family violence cases.

Scenario discussion involving co-tenants Vicki and Joe, managed by Sarah, to illustrate the application of the new laws.

Exploration of Vicki's responsibilities and options, including paying seven days' rent and not being liable for certain costs.

Consideration of Joe's position as a co-tenant, his potential concerns, and available options.

Sarah's role as a property manager in ensuring Vicki's safe departure and issuing the continuing interest notice within the specified timeframe.

Availability of resources and forms on the RTA website for domestic and family violence provisions.

Final poll assessing the audience's understanding of domestic and family violence provisions in rental properties.

Closing remarks with a reminder of the RTA's resources, contact center, and upcoming webinar sessions.

Transcripts

good morning everybody hello and welcome

to the rta's webinar on domestic and

family violence provisions in

queensland's tenancy laws

my name is lynn smith i'm from the

communication and education team and

with me today is my colleague lauren

thompson

be here

all right thanks lauren

before we start we'd like to acknowledge

the traditional owners on the land on

which this webinar is being hosted today

and also where you're joining us from

and pay our respects to elders past

present and emerging

domestic and family violence is a

sensitive issue and and it can impact

couples or families the rta is committed

to and continually improving the

education and awareness of these

provisions in the tencey laws and making

sure that the queensland rental sector

is informed

today we want to make sure everybody is

on the same page so to speak

and we want to provide you with a

scenario

talk through the considerations from all

sides of the situation and advise you

where you can get more resources and if

you have any questions we'll address

them at the end

please note we cannot provide you with

legal advice and you are encouraged to

seek your own independent advice to make

informed decisions

as usual our session is interactive so

we do want to hear from you if you do

have any questions or comments please

pop them in the little chat function

that's what you see on your screen in

your toolbar um and at the end of the

presentation we'll have a quick one

minute survey for you to complete this

is a great opportunity for you to

provide us with feedback and more

importantly to what tenancy topics you

would like to know more about

we will also be running some polls

during the session which i'll get lauren

to launch one now

um so we know who's in our audience

we're asking um two questions um what

part of the sector do you belong to and

also where are you located today

so again two-part question um whether

you're a property manager or owner or a

tenant or community housing or provider

and also to what area that you're

actually joining us from

and so far looks like most people seem

to be in southeast queensland today so

we're obviously still getting a little

bit of wet feet um from

all the rain that we've experienced this

week and also too just like to

acknowledge you that our promotion on

today's topic was also shared amongst a

lot of different organizations today so

um if you are joining us for the first

time we do welcome you

okay lauren i might get you to share

that poll

so it does look like the majority of

people attending today are

property managers or agents

and we also do have some community

housing or support workers and again

welcome to

the people in north queensland who have

also joined us um as well as our

southeast queensland reps

so i'll just stop sharing that

thanks everybody

okay so the queensland government passed

the housing legislation amendment act

2021 and that commenced as of 20 october

last year and this changes the

provisions under the residential

tenancies and roomie accommodation act

it is a staged approach so the dfb

provisions did start straight away and

you could say that they're very similar

to the previous covert 19 emergency

response regulations

the other areas of the changes were

around the framework to negotiate

renting with pets ending over tenancy

provisions and also to a few other

legislation tweaks including repair

orders these will all start on 1 october

2022

the other major area relates to minimum

housing standards and again you'll see

the dates on your screen these are not

going to start until next year

over the next few months there will be a

lot of education being delivered by the

rta on the new laws and will also

include the new regulations once they're

released so please watch this space we

hope to see you online for a session or

maybe even at a face-to-face event

so today's focus is on the dfe

provisions only so i'm just going to

summarize these and remember they do

apply for general tendencies as well as

the roomy accommodation

so tennis experiencing domestic and

family violence can end their interest

in the tenancy they do need to give

seven days notice and they do also need

to pay for the rent for that seven day

period

they can request their bond contribution

to be refunded if they have paid bond

money and they're not liable for any

re-letting costs or any damage that's

caused by the domestic and fair

family violence

if they do decide to stay in the rental

property they can change the locks

without the owner's consent to ensure

that they have safety um and i will

actually step through that side of

things shortly as well

um please note though with roomy

accommodation the changing of the box

does not apply

so it does not matter the co-tenant is

the person committing the domestic and

family violence or whether it is someone

who may not reside of the property if

the tenant needs to end their interest

in the tenancy due to domestic and

family violence they can do so and both

the tenant and the manager owner will

need to follow the process

so the practical steps for the vacating

tenant to start the process is first of

all to issue a notice of ending tenancy

interest or a neti form 20 to their

property manager or their landlord

they will also need to provide or show

relevant evidence and that could include

a protection order a police notice or

a completed domestic and family violence

report now the dfv report is available

on the rta's website and can be

completed by various health

practitioners and support professionals

as well as like a refuge or crisis

worker a solicitor or even a social

worker the notice needs to be in writing

um but there's also an option there for

the evidence so that can be in writing

as well or the documentation may be just

shown to the manager or the owner

upon receiving the notice the property

manager or the landlord needs to assess

if they do not agree there is a step

that they must follow and that involves

applying to qcat within seven days to

have the notice set aside and they also

need to inform the vacating tenant that

they don't accept it and that is their

intention to apply

an owner or manager can only assess the

information being provided to make sure

that it meets the requirements as set

out on the legislation they're not

judging whether the dfa has occurred or

not remember if there's a gap in the

evidence provided

they could be looking for more

information as what's outlined under the

act

if the dfv tenant who is vacating has

claimed their portion of the bond

then the property manager or the owner

can also respond to a notice of claim

and dispute the refund if they do not

agree

so the normal bond process you know so

you're going to get a notice of claim

that time frame applies and if the

manager or the owner disputes it it's

going to go through the rta's dispute

resolution service first

so if there are any remaining tenants um

the next step is for their property

manager or the owner to issue what we

call continuing interest notice and

that's needs to be issued to them

between 7 to 14 days

after the person experiencing the

domestic and family violence interest in

the tendency has ended

so there is a strict timeline for this

process that must be followed

so as a property manager or owner you

can ask the remaining tenants to top up

the rental bond balance and they'll have

a month to do that the new dfa sections

do have penalty provisions attached so

this is really important particularly

for the non-compliance of

confidentiality in this situation so

again looking at the owners the managers

out there and also their employees

so just quickly to help understand that

process this diagram explains each step

from when the process

starts and that's seven days notice and

the rent cover for that seven day period

is paid

so that next step is that

about that decision

whether that notice is going to be

accepted or rejected and again if it's

accepted then the vacating the vacating

tenant

needs to be informed of the date um that

the owner the manager is going to be

informing the remaining tenants remember

this cannot be this cannot occur

until it's day 7 to 14 after the tenancy

interest notice has expired

can also just say here too because we do

have a lot of property managers

um in today's session too that

it would be probably a best practice to

make sure that you are confirming the

vacating tenant has safely left the

property um and just documenting that

also too when you're informing them of

the date that you've chosen to issue the

notice of um to the remaining tenants

and that's is that 10 are that seven to

14 days after the expiry that nettie

noticed

so just clarifying some further

information on the domestic and family

violence situation

so any bond co-contributors are not

issued a notice of claim so if there's

been a claim on the bond um it's only

the property manager or the owner that

is issued that notice the claim to

respond to

so it's really important that the tenant

bank okay uses that form for a the bond

refund not the standard form for so that

we can actually follow that process

the vacating tenant can be held for

other breaches if money is owed so if

there's rent or a water bill that's

outstanding

they can also be liable for that

it's very clear they're not liable for

damages caused by the domestic family

violence they're also not responsible

for like a lease break re-letting fees

or

costs

with regards to qcat and the bond

processes so you can potentially have

two processes running at the same time

so if the manager or the owner has

applied to qcat to have the notice set

aside well that's an urgent application

with qcam and also if there is a dispute

on the bond refund well that's a

non-urgent matter so if it's not

resolved through the rta's dispute

resolution process

and it proceeds to qcat it's a

non-urgent matter

so keep in mind too if the rta does

receive an order from qcat um and they

and it says that the interest in the

tendency is to continue then the

vacating tenant is not eligible for the

claim on the bond and will act

accordingly

so over to you lauren i might just get

you to come in and just talk through the

scenario that we're going to be using

today

yeah thanks lynn so we've got vicky and

joe vicki and joe are co-tenants in a

rental property which is managed by

sarah vicki is experiencing domestic and

family violence from another person who

does not live at the rental property she

wants to end her interest in the tenancy

so lynn can you step us through each of

these what is vicky responsible for what

is she not responsible for and what

about joe what might be some of his

concerns and options he has especially

if he's not aware of vicki's situation

um and lastly are there any points for

sarah keep in mind though we do know

that each situation should be treated on

a case-by-case basis and you aren't

giving us legal advice

thanks lauren

okay let's look at vicki first so vicky

needs to submit that notice and her

evidence to sarah to start the process

so that has to happen first remember

vicky does need to pay that seven day

rank um to cover the notice period

um but also too big is not liable for

the cost relating to ending the tenancy

any relating costs

she's also not responsible any goods

left at the property

and any damage caused by the domestic

and family violence

now i know that probably there are

questions already

as well as what we have heard we are

hearing like who will pay for the

domestic and family violence damage and

can i just say there are a variety of

options here

so remember too that joe is a co-tenant

so as co-tenants uh they're jointly

observably reliable in the tenancy under

tenancy laws so it states that the

tenant is to return the property in the

same condition it was in at the start

this fair wearing t

if it is damage that's not caused by the

domestic and family violence then both

vicky and joe can be liable

but if joe is held liable or say someone

else has caused damage to joe's

possessions he could pursue the person

who did the damage for compensation via

a civil court

or potentially what we also see may be

the outcome is that the owner of the

rental property claims damages by their

landlords insurance

the police could also be notified and

the person who caused the damage may be

charged with willful damage and the

owner may seek compensation from there

so as you can see it may not necessarily

be australian answer and it does need to

be dealt with on a case-by-case basis

remember the two that there may not be

property damage and also that remember

that the laws are put in place to allow

the person experiencing domestic and

family violence to leave quickly and

safely

but let's have a look now to also what

vicky is responsible for

so she still responds for any damage

that's as i said outside that domestic

and family violence and also if there's

any outstanding water bills um or if

there's rental rates then vicki will

need to pay for that

um as vicky is a bond contributor again

submitting that form 4a to the rta to

have her portion of the bond refunded

and also too to help determine what is

or what is not damaged

vicky could write a letter to the agent

outlining what she knows about the

property condition

we do know that there are

tennessee advocacy groups that maybe

assist with like a template letter or

something like that but remember any

steps that sarah may take

must not occur until after vicky has

safely left the property

so now let's have a look at joe who is

vicki's co-tenant flatmate

in this situation let's say joe's not

aware of vicki's personal situation but

no says vicki's moved out taken her

possessions

in this scenario we are saying that joe

is not the person committing dfe however

remember this is our current scenario in

other situations

he may be

sarah once

she knows the situation um and ensures

vicky has safely left she needs to issue

joe with a continuing interest notice

and remember this is not done until day

is 7 to 14 after the expiry of vicki's

seven days notice sarah has requested

also that joe needs to top up the bond

so as i said joe's the co-tenant

jointly responsible for the tenancy so

that means he's responsible for paying

the full rent paying any bills like

water bills or anything

damages cleaning as per tenancy

agreement but joe's concerns could be

um he's aware of the situation now can

he afford the full rent can he get a

replacement tenant to help him with the

rent

if he is struggling with the rent could

he talk to sarah about a payment plan

until he sorts a few things out

um if he wants to move out will sarah

agree to a mutual agreement to end the

tenancy without penalties or if it's

been treated as a lease break how long

would it take to find a replacement

tenant and also he needs to know what

will the costs be involved

joe could also apply to cucat on the

grounds of hardship if particularly

financial hardship um to have that

tenancy ended as well if he couldn't

continue to stay

so jay does have a few options to

consider and i guess the big question is

whether he is staying or going and this

may depend on whether he can afford the

place

get someone else in to share the

property with him again we're talking

about a case-by-case scenario but this

may also help understand what might be

happening for joe

so let's have a look now for the owner

or the property manager side of things

so sarah's the property manager in our

scenario

um she's received vicki's notice and has

assessed it appropriately and does not

reject it

she also confirms that biggie has safely

left the property and noticed that she's

paid that seven days range as well

for best practice she documents her

conversation with vicki that she has

left the property on next date

but what does sarah need to be aware of

she needs to make sure that she's

following those strict time frames

that's um put in the legislation and

sarah also will need to respond to the

notice of claim on the bond claim within

the required time frame as well

sarah should also be aware that look a

lot of the dfe cases have

a level of complexities involved so

whether that's physical mental health

issues

serious safety concerns there may also

be children involved and so probably in

the back of sarah's mind should be

considering you know what would happen

if this is you know your sister your

friend or even a relative

be aware of joe's options and whether he

can or cannot stay at the property uh is

it in his best interest to be leaving

can he get a replacement flat mate

what does joe what are joe's options and

just keep that in the back of your mind

as well

maintain the confidentially

confidentiality and make sure that you

are speaking with the owner of the

property about the options for any of

the dfe damages

it's probably a good idea to do an

inspection

communicate with joe

maybe you need to reach a mutual

agreement to inspect the property

particularly if it's less than three

months since the last inspection

because remember there are rules about

inspections of the property

it is in everyone's best interest to

determine what

if there is damage what is

um dfe damage versus what is the normal

damage

so remember case by case this is not

legal advice but we're just outlining

some options for everyone to consider

um in this situation

so the dfe forms are all available on

the rta's website and we do recommend

that you familiarize yourself with these

i'll just get lauren to put in a link to

on our chat there where you can access

these forms on our website

but let's have a just a quick look at a

different scenario here what happens if

the tenant experience in domestic family

violence is actually going to stay in

the rental property

so they can change the locks without the

owner's permission and and that is to

ensure their personal safety they will

need to use a qualified locksmith or a

tradie and they will also need to pay

for those locks

and when it's practical to do so they do

need to provide a copy of the new keys

to the owner or the manager

so with this i just want to quickly flag

with you one of the new sections and

this is in relation to that if the

tenants do change the locks because of

domestic and family violence and they do

give a key to an owner or manager

then under the new section 2114 the

owner must not give a key for a change

lock to any person other than the tenant

without the tenants agreement or a

reasonable excuse and this one does come

with penalty provisions as well

so for property managers this may be

something that you might need to be

looking at flagging in your property

management systems if there has been a

change of keys

for residents in room accommodation this

is different

for residents if they choose to remain

they can ask the provider or the manager

to change the lock to secure their room

so we recently released a four new

domestic and family advanced flowchart

resources they are both covering general

tenancies so your houses and your units

as well as for roomy accommodation so

your boarding houses and your

purpose-built accommodation

these are a great resource for property

managers and also to to assist tenants

to understand the process as such and

what steps need to be taken

so lauren i might just get you to put a

link in there oh you already have

fantastic um for the fly charts and yeah

and make sure that look they are a great

resource to make sure that you do have

so just a reminder too if there's any

further questions please um put them in

the chat

so to help everyone in the round sector

there's a lot of resources on this topic

uh lauren i'll get you to launch our

last poll before we do head into the

questions

um if that's okay we've got one more

poll to ask

and this one is based on the information

you've received today do you have a

better understanding of the domestic and

family violence provisions of

the rental properties

perfect so while that's going i might

run through some of the items we've got

on the screen there as lynn mentioned we

do have a lot of resources available for

domestic and family violence provisions

i find it easiest just to go on our

website type in domestic into the search

bar and then the first hit there will

take you to the right page

but i have uh throughout this session

put in some links uh in the chat so

please go to the relevant pages there if

you want to as well we also do have um

some

resources available the podcast and also

webinars that we've done previously have

uh covered uh domestic and family

violence too

so i'm just looking at our results which

i'll share um and a fair few people

there are comfortable with their

knowledge level if you aren't though as

i said we do have some of those

additional resources that you might like

to view

um and and go to as well

so i'll just get lynn to tab over to our

next slide for me

and uh the first point they are does

cover our e-newsletter you've probably

already signed up and that's how you

found out about today's webinar but if

maybe some of your colleagues or your

friends haven't signed up please get

them to so they can come to these

webinars and they can learn uh just like

you are

and so lynn

what questions have come in what answers

do you have for us

thanks

got quite a few questions coming in so

we'll just see we've got some time so we

should be right

um

okay

so we do have a question in relation to

with the boundary fund what if they have

rent out standing for water

and a valid question thanks colleen

if there is money that's outstanding as

i said before so if there is a claim on

the portion of the bond

um then and there's money outstanding

then you can dispute that so again we're

not saying that if there's a renter ears

or water bills outstanding that the

tenant backhanding is not held liable

for them they are they can be held

liable so that you could turn around and

do a claim on the portion of the bottle

respond

to the um claim for that portion and be

saying that there is water bills

outstanding and it will most likely go

through obviously dispute resolution

if it can't be resolved through

self-resolution

another question here is

can a property manager ask the or we try

to avoid the word perpetrator but the

person committing the domestic and

family violence

to pay for damaging the property as a

tenant who experiences db is not liable

for damages what is the procedure and

this is where i went back through those

options originally um in the

presentation where we looked at

is that yeah potentially the person who

has caused the damage could be um you

know you could go to the police and

charge that um have the police charge a

person with willful damage

um

again it could be it really does need to

be done on a case by case basis um but

if there is damage and you know the

person has definitely caused damage um

it really comes down to what sort of

situation the tenancy is also set up so

again we went through a few of those

sort of

scenarios

but you can look at pursuing potentially

the person who has actually caused that

damage that's not a problem the other

thing too the owner could look at

pursuing that through his or her

landlord insurance

um and then that will be then up to

obviously the insurance company to do

any further action if they wish to

pursue anything further

does vicky need to provide proof that

she's paid that seven days um look she

may look to provide you with that

evidence um that she has actually paid

that rent and again it's probably more

about the fact that

when she's given that notice she's

coming covering for um

yeah to cover that unnoticed period as

well

[Music]

if the rent is actually paid event it's

more about that here's the notice and

here's my seven days rent to cover um

for the time that i've actually given

that notice period

um i know that you've sent through quite

a few flowcharts there as well

lauren which is great

um so again any other questions please

do pop them in

um it is really challenging on the

domestic family violence the damage side

of it and as i said we cannot stress

enough that it does need to be dealt

with on an individual basis and i think

one of the best practice things that we

could also probably recommend is

that to determine what is potentially

maybe

damage that's normal damage um versus

what might be dfe damage and that's

where it's that really good

communication again making sure that you

follow the steps that's outlined in the

legislation when you can actually

issuing the continuing interest notice

to the remaining tenants and having a

conversation with them about coming in

and actually inspecting the property to

determine

what might be damaged um what isn't and

just having like a baseline then and

moving forward again too looking at our

scenario if joe being in the property

that's left behind whether or not he's

staying or whether he's going and we

don't say that you know the legislation

is still there about the tent return the

property in the same condition as fair

wear and tear

but again you need to look at each case

vicky in the scenario that we talked

about may not necessarily have a

flatmate or co-tenant so it might be

that vicky might be the sole tenant and

he's vacating so again the same sort of

rules still do apply that vicky is also

covering

that rent period and giving that extra

notice um so yeah so there's a few

things to um cover

i know that shane is actually what what

happens if joe is abusing um vicky does

he just stay in the property

and this comes down to the relationship

the contractual arrangement that's in

place in that tenancy so hypothetically

here if joe is the person committing the

domestic and family violence and his

name is also on that tenancy then joe

still can potentially look at staying in

the property he still actually has those

tenancy requirements as well um

obviously if he's a co-tenant he's

responsible for the rent he's also

responsible the tenancy terms as well

all the requirements under legislation

so lauren i think we're just about out

of time i don't see any other questions

coming in so we might um

[Music]

just go to our last slide

sorry we've got to do the questions

though

so our website's pretty easy to navigate

and has a lot of information and as

lauren said if you do a search function

on our website on domestic there's a lot

of information that does come up and

that does come up so

and also to our contact center our 1300

366 301 number we're available for any

of those one-on-one conversations and

assistance that you may need

so thanks lauren for your assistance

today

and

um also too thank you for attending

everyone our webinar will now end

and we look forward to you joining us on

our upcoming sessions thank you