(A) You are a co-tenant

If you are on a fixed term agreement and you have a final AVO with exclusion order against your co-tenant, you can give your landlord 14 days termination notice and move out (section 100 Residential Tenancies Act 2010 (NSW) (RTA)). You will not have to compensate your landlord or your co-tenants for ending the tenancy early.

You can also apply to NCAT for an order to terminate your tenancy. NCAT will consider the ‘special circumstances’ of your case in deciding whether to make the order (section 104 RTA). This order can be made whether or not there is a final AVO in place or if there is only an interim AVO. You may have to compensate your landlord.

If you are on a periodic agreement, you can give your landlord and the other co-tenants 21 days termination notice and move out. Giving this notice and moving out will end your tenancy.

(B) You are a head-tenant

If you are on a fixed term agreement and you have a final AVO with exclusion order against the perpetrator, you can give your landlord 14 days termination notice and move out (section 100 RTA). You will not have to compensate your landlord for ending the tenancy early.

If you are on a periodic agreement, you can give your landlord and other co-tenants 21 days termination notice and move out.

You can also apply to NCAT for an order to terminate your tenancy on the ground that you would suffer undue hardship if the tenancy continued (section 104 RTA).

If you are the only remaining head-tenant and you wish to leave, and you have sub-tenants living in the premises under a Residential Tenancy agreement, you would have to give them proper notice to move out or arrange for them to take over the lease or possibly pay them compensation for ending the agreement early.

(C) You are a sub-tenant with a written agreement

You can give the head-tenant 14 days termination notice for breach of your tenancy agreement. If the perpetrator is the head-tenant, give notice on the ground that the head-tenant has caused interference with your ‘reasonable peace, comfort and privacy’. If the perpetrator is another occupant, give notice on the ground that the head-tenant has permitted interference with your ‘reasonable peace, comfort and privacy’.

Alternatively, you can give the head-tenant a termination notice without grounds. You need to give the head-tenant 21 days termination notice if you are on a periodic agreement or 14 days termination notice at the end of a fixed-term agreement.

You can apply to NCAT for an order terminating your tenancy on the ground that you would suffer undue hardship if the tenancy continued (section 104 RTA). Another option is to apply to NCAT for termination due to the landlord’s breach. However, you might have to compensate the head-tenant for ending tenancy early for either of these options.

(D) You are a boarder/lodger

Give your landlord or live-in manager notice to leave according to your agreement.

For more information, download the Domestic Violence and Renting booklet at: http://www.hnclc.net.au/content_comm/pg-factsheets.seo#TenancyandDomesticViolence