105BRight of early termination

105B Right of early termination

105B Right of early termination

(1) A tenant may give a termination notice to the landlord and each co-tenant, if any, for a residential tenancy agreement if the tenant or a dependent child of the tenant is in circumstances of domestic violence.

(2) A person is in circumstances of domestic violence if the person—

(a) has been the victim of a domestic violence offence while a tenant of, or a dependent child of a tenant of, the residential premises and a relevant domestic violence offender has been found guilty of that offence, or

(b) is the person for whose protection a DVO has been made against a relevant domestic violence offender and the DVO is in force, or

(c) is the person for whose protection an injunction under section 68B or 114 of the Family Law Act 1975 of the Commonwealth has been granted on the basis of evidence of family violence in proceedings against a relevant domestic violence offender and the injunction is in force, or

(d) has been declared by a competent person to be a victim of domestic violence perpetrated by the relevant domestic violence offender during the currency of the residential tenancy agreement.

(3) A declaration made by a competent person under subsection (2)(d) must be in the form prescribed by the regulations.

s 105B: Ins 2018 No 58, Sch 1 [33]. Am 2019 No 23, Sch 1.10[10] [11].