RTA Webinar - Domestic and family violence provisions while renting
Summary
TLDRThe 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
📝 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.
🏡 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.
📋 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.
🤝 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.
🔒 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.
🗂 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.
Mindmap
Keywords
💡Domestic and Family Violence
💡Tenancy Laws
💡Residential Tenancies and Room Accommodation Act
💡Notice of Ending Tenancy Interest (NETI)
💡Bond Refund
💡Re-letting Costs
💡Changing Locks
💡Continuing Interest Notice
💡QCAT (Queensland Civil and Administrative Tribunal)
💡Confidentiality
💡Housing Legislation Amendment Act 2021
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
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