A tenancy can look very different on paper than it does in real life.
For someone experiencing domestic violence or abuse, it can involve safety concerns, shared leases, property damage and other significant risks.
NSW has recognised this since 2019 through rental-specific protections for victim survivors – and this month, those protections have been reviewed and expanded, with new laws effective from the 21st September 2026.
So why the review?
NSW’s domestic violence rental laws were designed to help victims leave unsafe rental situations, remove a violent co-tenant without financial penalty, and give the NSW Civil and Administrative Tribunal (NCAT) greater powers to manage tenancy issues arising from domestic violence.
The 2026 review asked a simple question: are these protections working as intended?
Its findings showed that existing protections are working, but identified specific changes that are needed around termination notices, evidence requirements, property damage and tenancy data.
What has changed?
For tenants
Key changes for tenants experiencing domestic abuse include:
- Leaving without penalty: Tenants can end their tenancy immediately, without a minimum notice period or financial penalty, where the required evidence is provided.
- Greater privacy: Tenants no longer need to notify co-tenants themselves when using a Domestic Violence Termination Notice.
- Improved security and privacy: In certain circumstances, tenants can change locks without the landlord’s consent. Additional protections also apply to property advertising and tenancy database listings.
- Less financial liability: A tenant who is not the perpetrator is not responsible for property damage caused by domestic abuse, while clearer pathways allow departing tenants to recover their share of a rental bond from co-tenants.
For landlords and agents
- Tenancies can end immediately: A tenant experiencing domestic abuse can end their tenancy without a break fee or other financial penalty, provided the required evidence is supplied
- New processes to follow: Landlords and agents may need to notify remaining co-tenants, and deal with new requirements around bonds, property damage and tenancy databases
- Greater privacy and security: New rules apply to property photography and advertising, while tenants have expanded rights to change locks or security devices in certain circumstances
For tenants, the new laws strengthen protections when leaving an unsafe tenancy – and in the steps that follow. For landlords and agents, the reforms mean understanding that new protections operate regardless of the usual rules around liability, bonds, property access and termination.
For the latest information, forms and guidance, please see Tenant Protections at NSW Fair Trading.
Prudential Real Estate Macquarie Fields | (02) 9605 5333 | [email protected]
Prudential Real Estate Narellan | (02) 4624 4400 | [email protected]
