‘Unacceptable’ wait for regulations
The Ministry of Housing and Urban Development has secured a legal opinion that a law allowing victims of domestic violence to break a tenancy to escape an abusive relationship is now in force, despite the Government’s failure to pass enabling regulations.
The amendment to the Residential Tenancies Act allowing victims of domestic violence to leave a tenancy with two days’ notice was to come into force in August last year but the Government failed to pass the regulations in time to see that happen.
A year later, it still had not been, which ACT housing spokesperson Brooke van Velden said was unacceptable, calling the Government ‘‘too disorganised to get its own house in order’’.
Housing Minister Megan Woods said she was disappointed the regulations had taken so long, and acknowledged it was frustrating for landlords and people who wanted to use the law to help domestic violence victims.
Now, the Ministry of Housing and Urban Development has written to property managers saying it had ‘‘received legal advice that the provisions are in effect and can be used, even though the regulations are not yet in force’’.
In an email to property managers, the ministry’s policy and legislation design manager, Clair Leadbetter, said: ‘‘This means a tenant can give their landlord a family violence withdrawal notice, attaching a form of evidence, and expect it to have effect.’’
The ministry expected the regulations to be in place next year but in the meantime had published guidance on its website for landlords.
The guidance said for family violence withdrawal notices to be legal, the tenant must attach at least one form of evidence they had experienced family violence during the tenancy.
Acceptable evidence included a letter or email from amedical professional, a social worker, or a family violence service provider, a police safety order, a protection order or a police charge sheet.
‘‘The guidance is interim and not the same as detailed regulation,’’ Leadbetter said.
In August 2020, then associate housing minister Kris Faafoi said the law meant victims had fewer barriers to exiting tenancies quickly in order to seek safety.
National Party MPs complained the law was unfair as landlordswho were assaulted by tenants could only give them two weeks’ notice, not two days.
‘‘Where is the equity of opportunity for the landlord?’’ asked then National MPAlfred Ngaro.
Andrew King, president of the Property Investors’ Federation, said landlords would have to act as if the ministry’s guidance had the force of regulation. But it should publish its legal opinion.
Landlords supported the intent of the law but‘‘if society deems that this is fair, then society should bear the costs rather than landlords’’, he said.
National PartyMPand housing spokesperson Chris Bishop said regulations that were not yet in force, were not enforceable by definition.
‘‘This is a basic principle of the rule of law that seems to be being wilfully flouted,’’ he said.
David Pearce, who is on the governing council of the Residential Property Managers Association, said that while the law allowed the victims of domestic violence to leave a tenancy, it also left landlords with tenants accused of being violent. In the case of a couple renting a home, after one fled to escape violence, the abusive former partner would take over the tenancy and for the first two weeks the landlord must reduce the rent for them, Pearce said.
After that time, the ministry’s guidance said the remaining tenant could decide whether to continue in the tenancy alone, or ask the landlord for permission to bring in a flatmate, or apply to end the tenancy due to hardship, he said. If the tenancy was a periodic tenancy agreement, the abusive tenant could serve the landlord with a 28-day notice to end the tenancy.
Van Velden said the ministers needed to answer why the Government had left landlords and tenants in legal limbo for so long.
‘‘The Government had a year to do the admin but didn’t get around to it.’’
Woods said the Cabinet had recently made policy decisions for the regulations and drafting of the regulations was under way. ‘‘We are moving to make the regulations as fast as possible while ensuring appropriate scrutiny. We anticipate they will be gazetted before the end of the year.’’