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+ details >>Family violence has significant consequences for housing in Victoria, affecting both the right to remain in a shared home and the ability to leave a tenancy that is unsafe. Victorian tenancy law contains specific provisions that give affected persons rights they may not be aware of, including the right to terminate a tenancy early without penalty and the right to exclude a perpetrator from a shared home. Understanding these rights is practically important for anyone dealing with family violence and housing at the same time.
This is general information only and is not legal advice for any specific matter.
Yes. Under the Residential Tenancies Act 1997 (Vic), a renter who has experienced family violence can give a family violence notice to terminate the tenancy without penalty and without the usual notice period required for breaking a lease. The notice must be accompanied by evidence of the family violence, which can include a family violence intervention order, a police report, a statement from a registered professional, or other specified forms of evidence. Once a valid family violence notice is given, the tenancy terminates within a short period specified in the Act, without the renter being liable for break-lease costs.
Where the renter and the perpetrator are both on the tenancy agreement, the renter can apply to VCAT for an order removing the perpetrator from the tenancy and assigning the renter sole occupancy. This is a significant protection that allows the victim to remain in the family home rather than being forced to leave. The application can be made to VCAT and the evidence requirements are similar to those for a family violence notice. The perpetrator can be removed from the tenancy agreement while the renter remains.
Where the victim is not named on the tenancy agreement and the perpetrator is the sole named tenant, the options are more limited. The victim may need to rely on emergency accommodation while alternative housing is arranged, unless the family violence intervention order conditions exclude the perpetrator from the home. Legal advice about the specific options available in this situation, including any social housing or emergency accommodation pathways, is important given the complexity.
The Victorian social housing system provides priority housing assistance to family violence victims in specified circumstances. Applications for priority housing assistance on family violence grounds can be made to the Department of Families, Fairness and Housing. Safe Steps Family Violence Response Centre and specialist family violence services can assist with urgent housing referrals. The specific priority assistance available depends on the household's circumstances and the availability of housing stock.
Crisis accommodation is available through specialist family violence services in Victoria. Safe Steps Family Violence Response Centre operates 24 hours and can assist with emergency accommodation referrals. Local specialist family violence services also provide or can arrange emergency accommodation. Emergency accommodation is typically short-term and designed to provide immediate safety while longer-term housing arrangements are made.
Where the perpetrator owns the property in which the victim lives, the tenancy law provisions described above may apply differently depending on whether there is a formal tenancy agreement. Where there is no formal tenancy agreement, the family violence intervention order conditions excluding the perpetrator from the property may provide some protection, but the long-term housing position is more uncertain. Legal advice about the options available in owner-occupier family violence situations is important.
As described above, a VCAT application by the victim-renter can result in the perpetrator being removed from the tenancy and the victim having sole occupancy. The perpetrator's obligations under the tenancy agreement, including rent payment, can also be addressed through the VCAT process. The specific outcome of a VCAT application depends on the evidence and the circumstances of the tenancy.
Where a family violence intervention order conditions exclude the perpetrator from the home and the perpetrator refuses to leave, this constitutes a breach of the intervention order and should be reported to police. Police have the power to assist in enforcing the conditions of an intervention order, including by removing a person from premises specified in the order. Do not attempt to physically remove the perpetrator yourself; contact police for assistance.
A perpetrator who has been excluded from a tenancy by VCAT order or who has been removed from a tenancy by a family violence notice retains certain rights in relation to any shared property within the tenancy, including rights to recovery of bond contributions and, in some cases, rights to property within the home. Managing the property-related consequences of the tenancy changes requires legal advice about the specific rights of both parties.
The Residential Tenancies Act 1997 (Vic) provides specific protections for rental bonds in family violence situations. Where a tenancy is terminated by a family violence notice, the victim is not automatically liable for the full bond loss that might otherwise arise from breaking a lease. The bond is held by the Residential Tenancies Bond Authority and is distributed by agreement between the parties or by VCAT order. Legal advice about the bond position is advisable given the family violence provisions.
Where a victim has left the shared home and left personal property behind, recovery of those items needs to be managed in a way that does not breach any intervention order conditions. Legal advice about the process for recovering property from the shared home, including whether a supervised visit can be arranged through police or another mechanism, is important. Do not return to the property unannounced if an intervention order conditions restrict your access.
Community legal centres, specialist family violence legal services, and Victoria Legal Aid all provide assistance in matters involving family violence and tenancy. The Tenants Victoria legal service can provide tenancy-specific advice. Coordinating advice across the family violence and tenancy dimensions of the situation, rather than seeking advice on each separately, produces better outcomes.
Matters involving family violence and tenancy require practitioners familiar with both the Family Violence Protection Act 2008 (Vic) and the Residential Tenancies Act 1997 (Vic) family violence provisions, or a coordinated team with expertise in each. VCAT tenancy proceedings and Magistrates Court intervention order proceedings can run simultaneously and benefit from coordinated management.
As soon as housing is a concern in a family violence situation. The tenancy law protections available to family violence victims are time-sensitive in some respects, and early advice gives the best opportunity to exercise those rights effectively.
Yes. Safe Steps, specialist family violence services, and community legal centres can provide urgent legal referrals. Victoria Legal Aid provides emergency legal assistance in family violence matters. Duty lawyers at the Magistrates Court can assist on the day of any urgent hearing. The housing dimension of family violence matters should be raised at the first legal appointment so that it can be addressed alongside the intervention order proceedings.
Selecting legal representation in family violence and housing matters depends on the specific circumstances, the applicable legislation, and what stage the proceedings have reached. IVO Lawyers Melbourne is among the Melbourne practices experienced in this area of law. Engaging a lawyer at the earliest stage, before any court appearance or formal step in the proceedings, is consistently the decision that most affects what options remain available.