(A) You are a co-tenant

If the perpetrator is your co-tenant, you can apply to NCAT for an order to terminate his or her tenancy (section 102 RTA). The Tribunal will consider the “special circumstances” of your case when deciding to make the order.

(B) You are a head tenant

If the perpetrator is a sub-tenant with a written agreement, you can directly apply to NCAT for an order to terminate the subtenancy on the ground that they have seriously or persistently threatened or abused you, or caused you injury.

Alternatively, you can give the sub-tenant a proper notice of termination. This is unlikely to be a suitable option if you need immediate protection from your sub-tenant. You might wish to seek legal advice about getting an AVO.

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

If the perpetrator is the head-tenant, you cannot kick the person out of the share house, unless you have a final AVO with an exclusion order.

If the perpetrator is another sub-tenant or boarder/lodger, the head-tenant is in breach of your agreement by permitting interference with your “reasonable peace, comfort and privacy”. Ask the head-tenant to remove the perpetrator from the house. If the head-tenant refuses, you can apply to the NCAT against your head-tenant who is in breach of your agreement by permitting the other subtenant or occupant to interfere with your ‘reasonable peace, comfort and privacy’.

(D) You are a boarder/lodger

The domestic violence provisions of the Act are probably not going to assist you to stay, unless the perpetrator is a head-tenant and you have a final AVO with an exclusion order.

For more information download the Domestic Violence and Renting Booklet.