Every person has the right to feel safe and live free from violence.
A person who suffers domestic violence in a rental property has rights under tenancy law, even if they are not named on the tenancy agreement.
Domestic and family violence is any form of violence or abuse where the abusive person is:
a spouse (including defacto)
an intimate or dating partner
a family member, or
an informal carer.
Domestic violence includes:
damage to property
threats or attempts to do any of the above.
If someone in a rental property is experiencing domestic violence they can apply to QCAT to:
remove the name of the person who has committed an act of domestic violence from the tenancy agreement
be listed as the tenant
end the tenancy agreement, or
prevent their personal information being listed in a tenancy database where a breach of the agreement is a result of the actions of a person who has committed an act of domestic or family violence.
Applying to QCAT
A QCAT application can be made if a person living in the property has, or is likely to cause, serious damage to the property or injury to someone living in the property.
The tenant (or person experiencing domestic violence) should notify the property manager/owner they are applying to QCAT and must give them an opportunity to attend the hearing. They should seek legal or tenancy or advice if they are concerned about doing this.
Everyone deserves to feel safe at home – domestic and family violence is never acceptable.