Agents and property managers face increased responsibilities in handling domestic violence cases following NSW rental reforms aimed at protecting vulnerable tenants.
The new rental reforms, passed in NSW Parliament on 21 October, will provide domestic violence victim-survivors with greater rental protections and make it easier to escape from a dangerous living situation.
Under the NSW government reforms, agents and landlords will now be responsible for alerting any co-tenants when a victim-survivor is ending their tenancy, after they have safely left the property.
Raine & Horne Group head of property management Maria Milillo told REB that the changes weren’t entirely new to deal with, as they were built on the DV provisions already in place.
“However, property managers will need to understand quickly how the changes impact tenants and landlords,” Milillo said.
“Ultimately, the role of property managers is to interpret these reforms, clearly communicate their implications, and support landlords in meeting their obligations when they occur.”
To ensure they are up to speed with the laws, Milillo said property professionals should undertake additional training within their networks.
“Whenever there is a legislative change, our focus is on ensuring every property manager understands the new processes.”
“In this instance, we will provide information on notification requirements, lock changes, and rental bond recovery, so our property managers can guide their tenants and landlords with confidence.”
Under the state’s new rental reforms, victim-survivors will also have the right to replace the locks on a property to protect themselves and their privacy, without requiring the consent of a landlord.
Milillo said the change will go a long way in ensuring tenants feel safe in their homes and safeguarding the owner’s property.
“Landlords are obliged to provide a safe and secure home, and these reforms also align with this responsibility,” she said.
Additionally, agents and landlords will have to ensure they are meeting new advertising requirements when sharing photos or videos featuring the belongings of a domestic violence victim-survivor.
Under the new laws, agents will be required to give seven days' notice before taking photos to promote a rental, as well as provide the images to the tenant and obtain permission to post the images.
Milillo said that having a delay in taking and approving marketing materials will slow down the sales process.
Additionally, victim-survivors who have been negatively impacted by domestic violence will be able to recover their portion of the bond and not be held liable for property damage that was caused by the perpetuated violence.
Minister for Better Regulation and Fair Trading Anoulack Chanthivong said that the changes send a clear message of support for those suffering from domestic violence.
“For too long, rental laws didn’t reflect the realities facing domestic violence victim-survivors across New South Wales,” Chanthivong said
“This is about removing barriers that have kept people trapped in unsafe living situations and replacing them with practical, compassionate protections which put safety first.”
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said the victim-survivors often have to choose between safety and a home.
“These reforms make sure they won’t have to anymore,” Harrison concluded.
