(A) You are a co-tenant

If the perpetrator is your co-tenant, a final AVO with an exclusion order will terminate their tenancy (section 79 RTA). Find a new housemate as soon as possible to avoid paying the housemate’s share of rent (see Looking For A New Housemate).

(B) You are a head-tenant

A final AVO with exclusion order will terminate the perpetrator’s tenancy, which means that you can ask the person to leave the house (section 79 RTA). Your tenancy will continue, so consider finding a new housemate as soon as possible to avoid paying the housemate’s share of rent (see Looking for a New Housemate).

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

If the perpetrator is another tenant, a final AVO with an exclusion order will terminate their tenancy and they will be required to leave (section 79 RTA). If the perpetrator is the head-tenant, and you have a final AVO with an exclusion order for accessing the property, you can apply to NCAT for an order to be recognised as a tenant (section 79 RTA). This means that you enter into a Residential Tenancy Agreement with the owner.

(D) You are a boarder/lodger

If the person you are renting from is a head-tenant, and the head-tenant is the perpetrator, you can apply to NCAT to be recognised as a tenant after you have a final AVO with an exclusion order. For boarders and lodgers who rent directly from the owner, the domestic violence provisions in the Residential Tenancies Act will not apply to you. There are no specific provisions relating to domestic violence in the Boarding Houses Act. For more information get the Domestic Violence and Renting booklet.