NSW Domestic Violence Rental Reforms: What Landlords and Tenants Need to Know

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By the Gittoes Property Management Team, Gittoes Real Estate

Information checked on 16 September 2026. This article explains changes commencing on 21 September 2026.

The NSW domestic violence rental reforms introduce stronger protections for tenants experiencing domestic abuse from 21 September 2026. For Central Coast landlords and tenants, the changes affect tenancy notices, advertising photographs, security, property damage and rental bonds.

Quick answer: The reforms make it easier for victim-survivors to leave an unsafe tenancy and protect their privacy. Landlords and agents take responsibility for notifying remaining co-tenants, while stricter rules apply to publishing property photographs. If the alleged perpetrator is the only tenant remaining, they are responsible for the full rent once the departing tenant’s tenancy has lawfully ended.

What is changing from 21 September 2026?

Tenants experiencing domestic violence already have a pathway to end a tenancy without break fees. The September reforms strengthen those protections and change how several parts of the process work.

The updated laws use the broader term domestic abuse, recognising that abuse can include coercive, controlling and threatening behaviour as well as physical violence. The reforms also expand access to professionals who can provide supporting declarations.

The commencement date is confirmed in the NSW Government’s rental law update.

Can a tenant leave immediately without paying a break fee?

Yes, where the domestic violence termination requirements are met. A tenant whose circumstances qualify, including where their dependent child is affected, can give the required notice and supporting evidence and end their tenancy without a minimum notice period or a break fee.

Accepted evidence includes a qualifying domestic violence order, family violence injunction, certificate of conviction or declaration from a recognised competent person. A criminal conviction is not required in every case.

The tenant must give the landlord or agent a valid notice with the required evidence and vacate. Simply moving out does not, by itself, complete the legal termination process. The landlord’s agreement to an early release is not required when the statutory requirements are satisfied.

What happens if the victim-survivor leaves and the alleged perpetrator stays?

This is a practical question for property owners: who pays the rent, and does the remaining tenant have to leave?

The departing tenant’s valid termination does not automatically end the other co-tenant’s tenancy. If the only remaining co-tenant is identified as the alleged perpetrator in the supporting evidence, they are responsible for the full rent from the termination date.

Illustrative example: Two people rent a home for $800 per week. One lawfully ends their tenancy under the domestic violence provisions and vacates. If the remaining co-tenant is the identified alleged perpetrator, that person is responsible for the full $800 per week. The departing tenant is no longer responsible for future rent.

Remaining co-tenants who are not the identified alleged perpetrator have a temporary two-week rent adjustment. Their maximum share is generally the total rent divided by the number of tenants before the departure. The alleged perpetrator does not receive that concession.

Any rent arrears from before termination need separate consideration. If the remaining tenant stops paying, any arrears or action to end their tenancy must be handled through the lawful tenancy process. Separate rules may apply where a court order excludes a co-tenant from the home.

Who tells the remaining tenant?

Under the new process, the landlord or agent gives each remaining co-tenant the approved notification. It must be given after the termination date has ended and within the following seven days. The departing tenant no longer has to deliver that notification themselves.

The departing tenant’s original notice and supporting evidence must not be passed on to the remaining co-tenants. Sensitive information must be stored securely and only used or disclosed as legally authorised. NSW Fair Trading explains the process in its guide for landlords and agents.

Photography and video: stronger privacy protections

The new photography rules cover both interior and exterior images. Written consent is required before publishing images showing a tenant’s possessions or their dependent child’s possessions. Ordinary furniture, toys and belongings outside can be covered, not just items displaying someone’s name.

For photography covered by the new rules:

  • Give at least seven days’ notice before taking photographs or videos intended for publication, with a reasonable opportunity to move belongings out of view.
  • Provide the tenant with copies of the proposed images free of charge and obtain written consent before publication.
  • For sale or leasing advertising, obtain consent no earlier than three weeks before the property is first advertised for that campaign.
  • If there is no written response within seven days of receiving the images, consent is treated as refused.

Tenants must not unreasonably refuse consent. However, the law recognises domestic abuse grounds for refusal, including a reasonable fear that publication could expose the tenant or their child to abuse.

Exterior-only photography is therefore not an automatic solution. Read the NSW Fair Trading photography guidance before planning a campaign.

Transitional provisions apply to photographs taken, consent obtained and entry notices given before commencement. Existing images need to be assessed under the rules that apply to them.

What else do landlords and tenants need to know?

Changing locks and security devices

The reforms broaden the circumstances in which locks can be changed without landlord consent. These include certain legal restrictions preventing a person from accessing the home, such as relevant court orders, bail conditions or parole conditions. Requirements about the work and supplying replacement keys still need to be considered.

Damage caused during domestic abuse

Protections for tenants who are not the alleged perpetrator are strengthened. The NSW Civil and Administrative Tribunal, known as NCAT, can determine liability where damage occurs in connection with domestic abuse.

Being named on the lease does not automatically make a victim-survivor responsible for another person’s abusive damage. Liability needs to be established before repair costs are charged or claimed against their bond entitlement.

Recovering a departing tenant’s bond contribution

The reforms give NCAT clearer powers to resolve bond disputes between co-tenants and order payments. Where the tenancy continues, recovery can involve repayment by the remaining co-tenants. It is not an automatic refund of the whole bond by the landlord.

Keep records of each tenant’s contribution. Without evidence showing otherwise, NCAT may presume equal contributions. Damage for which the departing tenant is not legally responsible must not be deducted from their entitlement.

Tenancy database protections

The reforms strengthen restrictions on listing victim-survivors on tenancy databases. Protection extends to qualifying tenants who provide evidence of domestic abuse during their tenancy, and NSW Fair Trading gains powers to require prohibited listings to be removed.

What should Central Coast landlords and tenants do?

Before arranging advertising, dealing with a departing co-tenant or making a bond claim, check which rules apply and use the current NSW Fair Trading forms. A change in who lives at the property can affect rent, access and bond arrangements differently.

If you own an investment property on the Central Coast and would like advice on what these changes mean for you, or help with managing your rental property, contact the Gittoes Property Management Team on 02 4323 3811. We’re here to answer your questions and discuss how we can help.

Where to find independent advice and support

This article provides general information, not legal advice. Rules applying before 21 September 2026 differ in some respects. Obtain advice about your circumstances, including any transitional provisions.