This page explains the renting rights and obligations of people whose living arrangements have been affected by a family violence safety notice or intervention order.

Note: This information applies to rented houses and flats. It does NOT apply to mobile homes, caravan parks, and rooming houses.

If you, or someone you know, are experiencing family violence, there are free services that can assist you. See the Family Violence Victoria website for more information. In an emergency, always call 000 for help.

On this page:

Changing the locks
Changing the lease
The role of VCAT
Definitions
Contacts

Changing the locks

A protected person has the right under the Residential Tenancies Act 1997 to change the locks if the respondent is excluded from their home, once:

• a family violence safety notice is issued by the police, or
• a family violence intervention order is issued by the court

The protected person:

• does not need to be named on the lease, but does need to live at the property
• will need to pay for the locks to be changed — the Victims Support Agency can provide help and advice
• must give a key for the new lock to any other co-tenants (except for the respondent).

The landlord or agent:

• is entitled to receive a key for the new lock and a copy (or a certified extract issued by a court) of the family violence safety notice or intervention order
• is not allowed to give the respondent a key for the new lock as long as the notice or order is current.

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Changing the lease

Both the protected person and the respondent have a right under the Residential Tenancies Act 1997 to apply to the Victorian Civil and Administrative Tribunal (VCAT) to change their tenancy arrangements, once:

• a family violence intervention order is made final by a magistrate, and
• the respondent is excluded from the family home

The protected person:

• can apply to VCAT for a new tenancy agreement even if they are not named on the existing lease
• can apply to VCAT to end the lease early on hardship grounds to ensure their safety or the safety of their children

If the protected person makes an application to VCAT for a new tenancy agreement:

• the landlord has a right to have a new condition report on the rented property
• the respondent is allowed to have a representative present when the condition of the rented premises is inspected
• the protected person must permit these people to enter the premises to view its condition if the protected person has been given proper notice of the inspection.

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The role of VCAT

If the protected person makes an application to VCAT for a new tenancy agreement, VCAT can:

• terminate the existing tenancy agreement
• require the landlord to enter into a new tenancy agreement with the protected person
• issue a new tenancy agreement for the remaining period of the lease based on the same terms, conditions and rent as the existing lease
• make decisions about who is entitled to any bond and who must pay for any damage noted in the condition report.

Protected persons can get help with the VCAT process, either by telephone or in person, from VCAT’s family violence support workers.

The respondent can also apply to VCAT to end the lease early on hardship grounds if they are:

• one of the tenants named on the existing lease, and
• concerned about their liability under a tenancy agreement.

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Definitions

Family: includes current or former husbands, wives, domestic partners (including same-sex partners), parents, children, relatives and other people considered to be ‘family’ in contemporary family types.

Family violence: includes physical or sexual abuse, as well as economic, emotional and psychological abuse. Family violence may also include threatening or controlling behaviour; and behaviour that causes children to witness violence (or the effects of violence) committed by one family member against another.

Family violence intervention order: is issued by a magistrate to protect family members from family violence. The order may say that the respondent is excluded from their home. If the respondent breaks the conditions of a family violence intervention order or safety notice, they can be arrested by police and may be fined or imprisoned. More information on family violence intervention orders…

Family violence safety notice: has conditions similar to a family violence intervention order, and can by issued by police if the court is closed. A safety notice is also an application by police for a magistrate to issue an intervention order. It stays in effect until the magistrate decides whether to issue an order. More information on family violence safety notices…

Protected person or persons: those people who are protected by a family violence safety notice or a family violence intervention order.

Respondent: a person who has had a family violence safety notice or family violence intervention order issued against them.

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Contacts

Family Violence

Victorian Civil and Administrative Tribunal (VCAT)

Tenants Union of Victoria

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