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Strengthened tenancy laws for victims of domestic violence Under the new laws, tenants who need to escape circumstances of domestic violence will be able to end their tenancy immediately and without penalty. New tenancy reforms that improve and strengthen the protections for victims of domestic violence living in a rented property start on 28 February 2019. The domestic violence reforms represent some of the most significant changes to NSW tenancy laws for victims and survivors of domestic violence living in a rented property. The reforms are part of a package of tenancy amendments following the statutory review of the Residential Tenancies Act 2010. To end the tenancy in circumstances of domestic violence, the tenant will need to give: • the landlord or their agent a domestic violence termination notice and attach one of the following permitted forms of evidence: - certificate of conviction for the domestic violence offence
- family law injunction - provisional, interim or final Domestic Violence Order - declaration made by a medical practitioner in the prescribed form • each co-tenant a domestic violence termination notice. A landlord or any remaining cotenant(s) will be able to apply to the NSW Civil and Administrative Tribunal if they wish to dispute the validity of a domestic violence termination notice. They are unable to dispute the contents of a declaration in any Tribunal proceedings. The Tribunal can only examine whether the domestic violence termination notice was properly given under the tenancy laws. A sample version of the domestic violence termination form will be available on the Fair Trading website before the laws start. Measures have been put in place to help protect the privacy of victims of domestic violence. They also aim to ensure that a victim’s ability to secure
a rental property in the future is not negatively affected by a domestic violence termination. Full details of the measures can be found on the Fair Trading website. After a tenant gives a domestic violence termination notice, a co-tenant who remains in the tenancy will be:
- able to apply to the Tribunal to end their tenancy - entitled to a 2-week period to only pay their share of the rent and will not be required to cover the departing victim’s share. This only applies if the remaining co-tenant is not the perpetrator
of domestic violence. A co-tenant who is the perpetrator of domestic violence will have to pay the full cost of the remaining rent. In addition to the above rights, the rights and responsibilities under existing tenancy laws still apply to co-tenants. For example, a remaining co-tenant can dispute the validity of a domestic violence termination notice. The new domestic violence laws and other related provisions will be reviewed within three years of commencement to ensure that they are working effectively. This information has been summarised from the Fair Trading website. To find out further details relating to these changes, visit the NSW Legislation website (legislation.nsw.gov.au) to read the new laws in full: Residential Tenancies Amendment (Review) Act 2018 Residential Tenancies Amendment (Circumstances of Domestic Violence) Regulation 2018.
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2/26i Coomburra Cres, Ocean Shores
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Inspect Saturday 19th Jan 12-12.30pm Price $725,000 Todd Buckland 0408 966 421
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2/2 Gara Court, Ocean Shores This gorgeous contemporary home is an elegant option for downsizers not willing to downgrade, and for young families wanting space without the big price tag. A sun-filled home in a great location a short walk to the shops and surrounded by nature.
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36 Pine Avenue, Mullumbimby The property is waiting for a magic touch. Well positioned on a flat corner block with two street accesses and fenced yard, you’ll find this retro home is practical and affordable. Located opposite the local soccer field within a comfortable stroll of town. Great value.
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Inspect Saturday 19th Jan 10-10.30am Price $680,000 Todd Buckland 0408 966 421
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Adjoining Water Lily Park, this fabulous modern home is waiting for its new family. Light fills the living areas from the double height gallery windows. Open plan living and dining areas flow out on to the back deck and views over the park and lake.
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Inspect Saturday 19th Jan 11-11.30am Price $739,000 Todd Buckland 0408 966 421
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119 Balemo Drive, Ocean Shores Council approved dual occupancy. The existing 2 storey home is a great starting point with heaps of room for a family. Great low risk project for someone wanting to get into property development with all the guess work taken care of.
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Inspect By Appointment Price $695,000 to $750,000 Todd Buckland 0408 966 421 `ëŕƖëſƷ Ǩǭǽ ǩǧǨǰ The Byron Shire Echo 33