Termination of Tenancy Due to Family Violence in New Zealand
New Zealand's Residential Tenancies Act 1986 (RTA) includes specific provisions that allow victims of family violence to terminate their residential tenancy. These provisions aim to provide a pathway for individuals to leave an unsafe living situation.
Understanding Family Violence in a Tenancy Context
For the purposes of the RTA, family violence has the meaning given in the Family Violence Act 2018 [Source: Residential Tenancies Act 1986, s 56J]. This broadly encompasses violence against a person by someone with whom they are, or have been, in a family relationship [Source: Family Violence Act 2018, s 3(1)]. Types of violence include physical, sexual, and psychological abuse, which can involve economic abuse or coercive behaviour [Source: Family Violence Act 2018, s 3(2)].
How a Victim of Family Violence Can Terminate a Tenancy
A tenant who is a victim of family violence has the right to terminate their tenancy by giving written notice to their landlord [Source: Residential Tenancies Act 1986, s 56A(1)].
Providing Notice and Evidence
The notice given to the landlord must be for a period of at least 2 days [Source: Residential Tenancies Act 1986, s 56A(2)]. This notice must be accompanied by specific evidence to confirm the family violence [Source: Residential Tenancies Act 1986, s 56B(1)]. Acceptable forms of evidence include:
- A Declaration of Family Violence made in a prescribed form [Source: Residential Tenancies Act 1986, s 56B(1)(a)]. A Declaration of Family Violence is a formal statement, provided by certain authorised professionals (such as a medical practitioner, police officer, lawyer, social worker, or family violence support service worker), confirming that a person has experienced family violence [Source: Residential Tenancies (Family Violence) Regulations 2020].
- A Protection Order made under the Family Violence Act 2018 [Source: Residential Tenancies Act 1986, s 56B(1)(b)]. A Protection Order is a court order designed to protect a person from family violence by prohibiting the perpetrator from engaging in specific behaviours like contacting, coming near, or living with the protected person [Source: Family Violence Act 2018, s 76].
- Certain other court orders made under specific legislation (e.g., Family Violence Act 2018, Care of Children Act 2004, Oranga Tamariki Act 1989) that prohibit the perpetrator from contacting the victim or being at the rental premises [Source: Residential Tenancies Act 1986, s 56B(1)(c)].
- An order made by an overseas court that is enforceable in New Zealand and has a similar effect to a Protection Order or other specified court order [Source: Residential Tenancies Act 1986, s 56B(1)(d)].
Effect of a Family Violence Termination Notice
When a victim of family violence properly gives notice and provides the required evidence, their tenancy terminates on the date specified in the notice [Source: Residential Tenancies Act 1986, s 56C(1)]. It is important to note that this termination only applies to the victim who gave the notice; the tenancy continues for any other tenants living at the property [Source: Residential Tenancies Act 1986, s 56C(2)]. The victim remains liable for rent up to the termination date [Source: Residential Tenancies Act 1986, s 56C(3)].
The landlord may apply to the Tenancy Tribunal for an order requiring the perpetrator of the family violence to pay for any damage to the premises or unpaid rent that is attributable to the perpetrator [Source: Residential Tenancies Act 1986, s 56C(4)]. The Tenancy Tribunal is a judicial body that resolves disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 77(1)].
Landlord's and Other Tenants' Position After a Family Violence Termination
If a tenancy continues for other tenants after a family violence termination notice, the landlord may apply to the Tenancy Tribunal for an order to terminate the tenancy for all remaining tenants [Source: Residential Tenancies Act 1986, s 56G(1)]. The Tribunal may grant such an order if it is satisfied that the tenancy is no longer viable with the remaining tenants, considering factors such as their ability to pay rent or any damage to the property [Source: Residential Tenancies Act 1986, s 56G(2)].
Role of the Tenancy Tribunal
Beyond hearing applications from landlords regarding remaining tenants or perpetrator costs, the Tenancy Tribunal can also be approached by victims of family violence directly. A tenant who is a victim of family violence may apply to the Tribunal for a family violence termination order if, for example, they are unable to give the required 2 days' notice or need a specific order to facilitate their departure [Source: Residential Tenancies Act 1986, s 56D(1)(a); s 56F].
Privacy Considerations
The Tenancy Tribunal has the authority to make orders protecting the identity of a person who is a victim of family violence during proceedings [Source: Residential Tenancies Act 1986, s 56K]. Additionally, information contained in a Declaration of Family Violence is treated with strict confidentiality [Source: Residential Tenancies (Family Violence) Regulations 2020, reg 8].
When to Seek Independent Legal Advice
Individuals seeking to terminate a tenancy due to family violence, landlords responding to such notices, or remaining tenants whose tenancy is affected should seek independent legal advice. Information regarding these complex situations can be obtained from official government bodies such as Tenancy Services or by contacting Community Law Centres for free legal advice and assistance.