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New protections for domestic violence victim-survivors under the NSW Residential Tenancies Act commence on 21 September 2026, changing how tenancies are handled when a co-tenant is fleeing abuse.
What Happened
Reforms passed by NSW Parliament take effect from 21 September 2026, following a statutory review of the domestic violence provisions in the Residential Tenancies Act. This is a confirmed, dated commencement rather than a proposal still under discussion.
Why It Matters
Previously, a victim-survivor ending a tenancy on domestic violence grounds carried the burden of notifying any co-tenants themselves. Under the new reforms, that responsibility shifts to the landlord or agent, who must notify remaining co-tenants after the victim-survivor has safely left. Several related protections also strengthen the position of victim-survivors within an existing tenancy.
Who Is Affected
NSW renters, particularly those experiencing or fleeing domestic violence, along with co-tenants, landlords and property managers who will need to update how they handle notifications and related processes. Confirmed changes commencing 21 September 2026 include:
- Landlords or agents, not the victim-survivor, become responsible for notifying co-tenants after a domestic violence termination
- Victim-survivors are not liable for property damage caused by a perpetrator, with the NSW Civil and Administrative Tribunal (NCAT) deciding whether damage occurred during an incident of domestic abuse
- NCAT gains the power to split a rental bond and order partial repayment to a co-tenant, helping a victim-survivor recover their share
- NSW Fair Trading can order a listing removed from residential tenancy databases where a victim-survivor provides evidence of domestic abuse
- Locks can be changed without landlord approval where a relevant court order, or bail or parole condition, excludes the alleged perpetrator
- Renters’ permission is required before exterior images or videos showing their belongings can be used in a property listing
Access to “competent person declarations,” the evidence used to break a lease without penalty on domestic violence grounds, has also been expanded to a wider range of approved professionals.
What to Do / What to Watch
NSW renters and landlords should review NSW Fair Trading’s updated guidance from 21 September 2026. Co-tenants should expect a landlord or agent, rather than the victim-survivor, to handle notifications going forward. NSW Fair Trading has indicated it will enforce the changes through a dedicated Rental Taskforce.
Official Source / Verification
This article is based on the NSW Government’s ministerial release and NSW Fair Trading’s published guidance on changes to residential tenancy laws, current as at 9 September 2026.
If you are researching general renting rights and lease checks in your own state, our guide on what to check before signing a rental lease in Australia and our guide on renter rights on mould and maintenance issues are useful starting points, though state-specific rules like these NSW reforms should always be checked against your own state’s tenancy authority.
This article is general information only and is not legal advice. If you are experiencing domestic violence, contact 1800RESPECT on 1800 737 732 for confidential support.
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