The new domestic violence NSW tenancy laws took effect on 21 September 2026, and they change what happens when a tenant needs to leave an unsafe home. Most landlords will never be affected. But if it does happen on your property, the way it’s handled matters for your tenant’s safety and for your investment.
For affected tenants, they can now move out quickly, and without first warning the other person they’re leaving. For landlords, it raises fair questions about rent, damage, bonds and who is now responsible for what. The answers are more manageable than the headlines suggest, provided your property manager has a process ready before it’s needed.
Key Takeaways:
- Victim-survivors no longer notify co-tenants when they end a lease due to domestic abuse. The landlord or agent now does it, using a standard form, after the tenant has left.
- Tenants can change locks without consent in defined safety circumstances, and are not liable for damage caused by domestic abuse they didn’t commit.
- Landlords need a plan for the financial gap. Check your insurance, know how the bond is now split, and make sure your manager handles these situations confidentially and correctly.
Table Of Contents:
Why the law changed
Since 2019, NSW tenants experiencing domestic violence have been able to end a lease immediately, without a break fee, by serving a domestic violence termination notice with supporting evidence. A statutory review found those provisions worked, but left gaps that could put people at risk.
The biggest gap was notification. Under the old rules, a victim-survivor leaving a shared lease had to tell their co-tenants. When the co-tenant is the person causing harm, that requirement could tip off the perpetrator at the most dangerous moment.
NSW Fair Trading consulted more than 400 people and 40 organisations before the reforms passed Parliament in October 2025. Commencement followed in September 2026.
What’s different now: the key changes
The reforms touch almost every stage of a tenancy. For owners, these are the changes that matter most:
- Co-tenant notification shifts to the landlord or agent. An approved standard form must be served on remaining co-tenants after the termination date, but within seven days. The termination remains valid even if the landlord fails to notify.
- A wider list of “competent persons” can now provide the declaration that supports a termination, with updated declaration requirements.
- Lock changes without consent are allowed where a tenant has a reasonable excuse, including a reasonable belief it is necessary to prevent domestic abuse. The tenant is still expected to give the landlord or manager a key.
- No liability for domestic abuse damage. Victim-survivors and non-perpetrator co-tenants aren’t responsible for damage caused by domestic abuse. The Tribunal has clearer powers to decide whether damage falls into this category.
- Bond contributions are recorded per tenant. The standard tenancy agreement now records each tenant’s share, and the Tribunal can split a bond and order partial repayment.
- Photos and advertising. Images showing a tenant’s belongings can’t be published without giving the tenant seven days’ notice and a chance to move them.
- Stronger confidentiality and database rules. Documents must be stored and disposed of securely, and the ban on listing victim-survivors on tenancy databases is strengthened, with a simpler removal process through Fair Trading.
The reforms also allow temporary rent adjustments for remaining tenants in certain circumstances. Your manager should confirm how this applies to your property if a co-tenancy ends.
The traditional hassle: process gaps that hurt everyone
Most landlords will never deal with a domestic violence termination. That’s exactly why many property managers aren’t ready for one.
The risk isn’t the law itself. It’s an under-resourced agency improvising. A manager who mentions a departure to the remaining co-tenant too early, publishes listing photos showing a former tenant’s belongings, or argues over a lock change can put someone in danger. They can also expose the owner to penalties and Tribunal disputes.
On the owner’s side, the frustration is usually financial uncertainty. One tenant has gone, rent may be short, there may be damage, and nobody has explained what happens next.
The Preferental approach: safe for tenants, protected for owners
We don’t see tenant safety and landlord protection as competing goals. A sensitive situation handled well is safer for the tenant and far cheaper for the owner than one handled badly.
When a domestic violence termination happens on a Preferental-managed property, we:
- Process the notice promptly and confidentially, with access to documents limited to the people who need them
- Serve the co-tenant notice on time, using the approved form and a low-contact method such as email or post
- Record lock changes and obtain keys without challenging a tenant’s safety decisions
- Document the property’s condition carefully, so genuine domestic abuse damage is separated from ordinary wear or tenant damage
- Talk to you early about rent, the bond, your insurance and the realistic options for the remaining tenancy
The tenant gets a safe, respectful exit. You get clear communication and a manager who knows the process before it’s needed.
What this means for your investment
| Before 21 September 2026 | Now | |
| Who notifies co-tenants | The departing tenant | The landlord or agent, after the tenant has left |
| Lock changes | Narrow circumstances | Broader safety-based right without consent |
| Domestic abuse damage | Liability often disputed | Victim and non-perpetrator co-tenants not liable |
| Bond between co-tenants | Often unclear | Each share recorded; Tribunal can split it |
| Listing photos | Few specific rules | Notice required before showing belongings |
The practical step for owners is your landlord insurance. If a victim-survivor isn’t liable for damage, recovery may come from the perpetrator, the remaining tenants or your insurer. Check whether your policy covers malicious or deliberate damage by a tenant or occupant, and whether it covers loss of rent if a tenancy ends suddenly.
Please note that this is general information only. Speak to your insurer, and a solicitor where needed, about your specific situation.
Conclusion
The updated domestic violence NSW tenancy laws put safety first, and they should. A tenant leaving domestic abuse shouldn’t have to choose between protecting themselves and protecting their rental history.
For owners, the costs are real but manageable. The difference comes down to preparation: the right insurance, a clear bond record and a property manager who handles these moments with care and precision.
If you’d like to understand how Preferental would manage this on your property, or review your current insurance and lease set-up, we’re happy to talk it through.