Safe Tenancy WA poster and factsheet

Renters affected by family and domestic violence (FDV) can:

Go

Exit a tenancy agreement without going to court, with as little as 7 days’ notice.

Stay

Remove a perpetrator’s name from a lease by applying to court.

Secure

A rental home through lock changes or security upgrades to prevent FDV.

Resolve 

Disputes about property damage, unpaid rent, bonds or tenancy database listing.

These laws apply to all tenancy agreements – housing providers and private landlords.
 

Contacts

Consumer Protection 1300 30 40 54
Your local community legal service
In an emergency call 000
Free 24/7 Domestic Violence Helplines:
WOMEN 1800 007 339
MEN 1800 000 599

No place for family violence 

WA has some of the worst rates of family and domestic violence (FDV) in Australia.

There are tens of thousands of reported incidents every year and all the unreported FDV on top of that. The abuse, whether
physical or psychological, often occurs in rental homes.

That’s why our tenancy laws changed in April 2019. 

Before April 2019, someone in Western Australia (including the Indian Ocean Territories) who left a rental property at short notice because of FDV
was legally required to pay rent until a new tenant was found or the agreement expired. 

This was costly and meant FDV victims, including children, either stayed in a violent home or risked becoming homeless.

Is any of this happening at your private rental home or social housing?

Blurred borders cards (family violence graphics)
Blurred borders cards (family violence graphics), by Legal Aid WA

Legal Aid WA Blurred Borders cards showing

  • sexual violence
  • physical violence
  • power and control
  • emotional / psychological abuse
  • social abuse
  • financial abuse
  • hurt pets or animals
  • threats and intimidation
  • see or hear violence
  • stalking
  • property damage
  • keep your distance

Tenants affected by FDV have options to:

GO

End a tenancy directly with a landlord or property manager at short notice by providing a termination notice AND evidence, such as:

  • a Domestic Violence Order / Family Violence Restraining Order OR 
  • Consumer Protection Family Violence Report Evidence Form signed by a designated professional, such as a police officer, a doctor, a person in charge of a Women’s Refuge, a social worker, a psychologist, a child protection worker, family support worker or a person in charge of an Aboriginal health, welfare or legal organisation.

STAY

Apply to the Magistrates Court using a document called Form 12 to have a perpetrator removed from a lease.

SECURE

Change locks, without a landlord’s permission, to prevent a perpetrator regaining access, as long as a copy of the keys are given to the landlord within seven days (some housing providers will not require a copy of the key and may even pay for your lock change, so check with the housing provider). 

Improve security at a rental home at own cost, for example installing CCTV or external lights. Some schemes such as Safe at Home can help fund this. 

RESOLVE

Deal with disputes around property damage, unpaid rent and bonds so a victim is not left out of pocket for something that’s not their fault. 

Have name removed from a tenancy database if the reason for being put on the list is due to FDV – this is so tenants escaping family violence are not excluded from renting in future.

Consumer Protection
Poster
Last updated 13 Dec 2022

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