If it feels as though rental legislation is changing quickly, you are not imagining it. The latest NSW reforms came into effect on 21 September 2026 and introduce stronger protections for tenants affected by domestic abuse.
This is not a situation most landlords will deal with regularly, but when it does arise, the response matters. There are clear timeframes to meet, approved notices to use and strict privacy requirements to follow.
Here is a straightforward overview of what has changed and what it could mean for your property.
A tenant can leave straight away
A tenant experiencing domestic abuse—or whose dependent child is affected—can end their part of a tenancy by giving a Domestic Violence Termination Notice with the required supporting evidence.
There is no minimum notice period. The tenant’s termination date may be the same day the notice is given, and they cannot be charged a break fee or another cost for ending their tenancy early.
The legislation now uses the broader term domestic abuse, recognising that abuse is not always physical. It may also include coercive or controlling behaviour, financial abuse, emotional abuse, intimidation, harassment and technology-facilitated abuse.
The notification process has changed
Previously, the departing tenant was responsible for notifying their co-tenants. That responsibility now sits with the landlord or managing agent.
If other tenants remain at the property, each one must be notified individually using the approved NSW Fair Trading form. The notice must be given on or after the departing tenant’s termination date and no later than seven days after that date.
This change is designed to reduce the risk of unsafe contact while ensuring the remaining tenants understand how the tenancy and rent will be affected.
There may be a short-term change to the rent
For the first two weeks after the tenancy ends, remaining co-tenants who are not identified as the alleged perpetrator are only required to pay their own share of the rent. They do not have to immediately take on the departing tenant’s portion.
For landlords, this may mean a temporary reduction in the rent received for the property. After the two-week period, the usual rent obligations resume for the continuing tenancy.
The individual notices sent to the remaining tenants must clearly explain the total rent payable during this period and the maximum amount each tenant is required to contribute.
Privacy is a major part of the process
A Domestic Violence Termination Notice and its supporting evidence contain highly sensitive information, so they cannot be treated like ordinary tenancy documents.
They must be securely stored and must not be shared with remaining co-tenants, an alleged perpetrator or anyone else who is not legally authorised to receive them.
Importantly, the landlord or agent is not expected to investigate what happened or ask the tenant for further evidence. The role is to confirm that the required notice and supporting document have been provided, then follow the correct process while protecting the tenant’s privacy.
The reforms go beyond ending a tenancy
The changes also introduce or strengthen protections relating to:
- damage caused by domestic abuse, for which a tenant who is not the perpetrator is not liable;
- photographs and videos used to advertise a property where a tenant’s belongings are visible;
- the way a departing co-tenant can recover their share of the bond; and
- recording each co-tenant’s original bond contribution in new tenancy agreements signed from 21 September 2026.
This means the reforms can become relevant at different stages of a tenancy—not only when someone decides to move out.
We have the process covered
There is a fair amount to take in here, but Rightside landlords do not need to become experts in the legislation or work through these situations on their own.
If a Domestic Violence Termination Notice is received for a property we manage, we will guide the process from the first notice through to the required communication, rent adjustments and tenancy updates. We will also keep the landlord informed about what the changes mean for their property, while carefully protecting the private information involved.
Rental legislation can be difficult to keep up with, particularly in an area as sensitive as this. We will continue to let our landlords know about important changes and explain what they mean in practical terms.
If these reforms ever affect your property, we will explain what is happening, take care of the required steps and keep you updated along the way. If you have any questions in the meantime, please get in touch.