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.
RELATED ARTICLES
About the author
About the author
Property
Hidden cost, higher prices: Why a council fee fight matters for Australia’s housing pipeline
A dispute between the Housing Industry Association and Goulburn Mulwaree Council over development cost estimates is more than a local skirmish—it spotlights a systemic pricing lever that can compound ...Read more
Property
Why Aussie homes are turning into stepping stones for the new generation
A new cohort of buyers is treating their first property as a launchpad, not a destination—and the mortgage industry is pivoting in lockstep. Read more
Property
Rate cuts ignite an upsizing wave: how to win the next phase of Australia’s housing cycle
Cheaper money is reviving borrowing capacity and confidence, and upsizers are back in force — most visibly at auctions where clearance rates have lifted to yearly highs. The ripple effects extend ...Read more
Property
Rate anxiety fades, affordability bites: What Australia’s property market shift means for business
Australian buyers are no longer driven primarily by interest rate fears; the binding constraint is affordability. New research shows price pressure, not policy moves, is shaping behaviour—forcing ...Read more
Property
South Australia's first-home buyer boom fuels a frenzy for lenders, builders and retailers
South Australia has quietly become the nation’s most active first‑home buyer market, fuelled by falling rates, generous state incentives and a responsive broker ecosystem. Read more
Property
Melbourne’s turning point: the 2025 playbook for investors—and the 2026 upside
After lagging other capitals, Melbourne is quietly moving off the floor. Prices have logged several consecutive months of growth, rental markets remain tight, and forecasts point to a sharper upswing ...Read more
Property
Brisbane hits the million-dollar mark as growth takes a detour and investors eye new opportunities
Brisbane has crossed the symbolic $1 million median for houses, but the more investable momentum is in units—and the growth curve is flattening. Read more
Property
North platform adds household reporting feature to boost adviser efficiency
AMP's North platform has launched consolidated household reporting across multiple client accounts, helping financial advisers streamline their client review processes. Read more
Property
Hidden cost, higher prices: Why a council fee fight matters for Australia’s housing pipeline
A dispute between the Housing Industry Association and Goulburn Mulwaree Council over development cost estimates is more than a local skirmish—it spotlights a systemic pricing lever that can compound ...Read more
Property
Why Aussie homes are turning into stepping stones for the new generation
A new cohort of buyers is treating their first property as a launchpad, not a destination—and the mortgage industry is pivoting in lockstep. Read more
Property
Rate cuts ignite an upsizing wave: how to win the next phase of Australia’s housing cycle
Cheaper money is reviving borrowing capacity and confidence, and upsizers are back in force — most visibly at auctions where clearance rates have lifted to yearly highs. The ripple effects extend ...Read more
Property
Rate anxiety fades, affordability bites: What Australia’s property market shift means for business
Australian buyers are no longer driven primarily by interest rate fears; the binding constraint is affordability. New research shows price pressure, not policy moves, is shaping behaviour—forcing ...Read more
Property
South Australia's first-home buyer boom fuels a frenzy for lenders, builders and retailers
South Australia has quietly become the nation’s most active first‑home buyer market, fuelled by falling rates, generous state incentives and a responsive broker ecosystem. Read more
Property
Melbourne’s turning point: the 2025 playbook for investors—and the 2026 upside
After lagging other capitals, Melbourne is quietly moving off the floor. Prices have logged several consecutive months of growth, rental markets remain tight, and forecasts point to a sharper upswing ...Read more
Property
Brisbane hits the million-dollar mark as growth takes a detour and investors eye new opportunities
Brisbane has crossed the symbolic $1 million median for houses, but the more investable momentum is in units—and the growth curve is flattening. Read more
Property
North platform adds household reporting feature to boost adviser efficiency
AMP's North platform has launched consolidated household reporting across multiple client accounts, helping financial advisers streamline their client review processes. Read more
