Invest
How inconsistent tenancy laws make life difficult for domestic violence victims
Invest
How inconsistent tenancy laws make life difficult for domestic violence victims
Inconsistent tenancy laws across Australia are making it difficult for women and children to leave an abusive partner, a new study has revealed.

How inconsistent tenancy laws make life difficult for domestic violence victims
Inconsistent tenancy laws across Australia are making it difficult for women and children to leave an abusive partner, a new study has revealed.

A report released by the University of South Australia has found that 41 per cent of Australians accessing homelessness services are domestic violence victims.
The report also showed that inconsistent tenancy agreements across states remains a key obstacle for women looking to leave an abusive situation, as only NSW and Western Australia allow victims to leave without going through the courts.
Lead author professor Eileen Webb said that while changes to the Residential Tenancy Act (RTA) allow family domestic violence (FDV) victims to more easily break a lease without penalties, most states still require tenants to go through a court or tribunal.
“This can deter domestic violence victims from seeking relief because they are reluctant to engage with the judicial system and face the perpetrator in court proceedings,” UniSA’s professor of law and ageing said.
“Most states release FDV tenants from outstanding rental payments, repairs and returns of a security deposit, but in some jurisdictions the processes are complex and lengthy.”
The professor said the most efficient and cos-effective way to help victims of domestic violence is through issuing a certificate system.
“A social worker, a person from a refuge, a GP, a person familiar with the situation can simply write a certificate for the tenant to give to the landlord and the lease terminates at that point.
“That sort of approach across Australia would be ideal. That makes the process easier. It doesn’t solve the problems over disputes and rental repairs, but in general it makes that first step of breaking the lease much easier,” Ms Webb continued.
Not only are breaking leases proving difficult, but the study revealed a lack of housing stock in general, and safe and decent accommodation at short notice for women and children experiencing family domestic violence, remains a key challenge.
“Women in violent relationships are more likely to cycle in and out of homelessness, often living in a car or on the streets. It’s a perilous journey finding safe, alternative accommodation and so many invariably return to the perpetrator. Those who try to leave can be even more at risk, including being murdered,” she said.
The report also identified that survivors of domestic violence often have trouble obtaining a new lease because landlords discriminate against them, and because of the difficulties of renting with a pet.
“One in three women experiencing domestic violence don’t leave because they have a pet. It is hard enough to find accommodation for themselves and their children and it’s almost impossible to find a refuge which will take a pet. Women are staying in many cases, even when they have an opportunity to go, because they are frightened of what will happen to their pet,” Professor Webb said.
About the author

About the author


Property
6 out of 8 capital cities have hit record-high dwelling values
CoreLogic’s national home value index increased a further 2.8 per cent at the end of March, placing values 5.6 per cent above the previous market peak in October 2017. ...Read more

Property
Macro-prudential policies a matter of when, not if
The Reserve Bank of Australia has confirmed that it will keep a close eye on trends in housing borrowing given the rising housing prices and low interest rates, with market pundits confident tighter c...Read more

Property
HomeBuilder drives record-breaking housing approvals data
Aussies are no longer able to get their hands on the government’s HomeBuilder program which, judging by the latest stats, has had a great level of success. ...Read more

Property
National home values soar at fastest pace in over 30 years
CoreLogic’s national home value index has recorded its fastest rate of appreciation in over 30 years, with capital cities said to have reclaimed the pole position, having been outpaced by regional m...Read more

Property
Australian house prices soar 500% in 25 years
Australian house prices have surged by as much as 500 per cent in the past 25 years, according to fresh data from REIA. ...Read more

Property
CBD reactivation critical to economic growth
CBD occupancy will be key to maintaining the momentum of Australia’s economic growth now that government stimulus packages are being wound down, the Property Council of Australia has said. ...Read more

Property
Melbourne property values reach record high
After months of lagging behind other capital cities, Melbourne has finally regained its footing, with values rebounding following a prolonged period of COVID-induced losses and ultimately surpassing p...Read more

Property
APRA slams ‘super for housing’ plan
Allowing first home buyers to tap into their superannuation for a deposit would result in a considerable property price spike, an industry regulator has warned. ...Read more

Home values up 30% (or are they); NFTs taking the world by storm, and why Keating thinks Aussies will be ‘poor’ in retirement
Listen now

Raging floods, the tech stock bubble and the ongoing SG debate
Listen now

Meet the Manager with Trilogy’s Philip Ryan: RBA rates and property price growth
Listen now

The continued property boom, ethical investing and engaging with your super fund
Listen now

Property
6 out of 8 capital cities have hit record-high dwelling values
CoreLogic’s national home value index increased a further 2.8 per cent at the end of March, placing values 5.6 per cent above the previous market peak in October 2017. ...Read more

Property
Macro-prudential policies a matter of when, not if
The Reserve Bank of Australia has confirmed that it will keep a close eye on trends in housing borrowing given the rising housing prices and low interest rates, with market pundits confident tighter c...Read more

Property
HomeBuilder drives record-breaking housing approvals data
Aussies are no longer able to get their hands on the government’s HomeBuilder program which, judging by the latest stats, has had a great level of success. ...Read more

Property
National home values soar at fastest pace in over 30 years
CoreLogic’s national home value index has recorded its fastest rate of appreciation in over 30 years, with capital cities said to have reclaimed the pole position, having been outpaced by regional m...Read more

Property
Australian house prices soar 500% in 25 years
Australian house prices have surged by as much as 500 per cent in the past 25 years, according to fresh data from REIA. ...Read more

Property
CBD reactivation critical to economic growth
CBD occupancy will be key to maintaining the momentum of Australia’s economic growth now that government stimulus packages are being wound down, the Property Council of Australia has said. ...Read more

Property
Melbourne property values reach record high
After months of lagging behind other capital cities, Melbourne has finally regained its footing, with values rebounding following a prolonged period of COVID-induced losses and ultimately surpassing p...Read more

Property
APRA slams ‘super for housing’ plan
Allowing first home buyers to tap into their superannuation for a deposit would result in a considerable property price spike, an industry regulator has warned. ...Read more