NSW domestic abuse tenancy reforms start soon: records to update now

NSW Fair Trading says new domestic violence rental protections start on 21 September 2026. The changes sit inside the state's wider rental reform program and affect tenants, landlords and agents.

REINSW put the issue back in front of agencies this week, warning that the reforms will affect property-management practice and that teams should review policies, procedures and workflows before commencement.

For property managers, the main point is operational. Files involving domestic abuse need fewer informal workarounds, less duplicated personal information and a clearer chain of who did what, when and why.

Update the termination-notice workflow

Fair Trading says the reforms shift responsibility for notifying remaining co-tenants from the victim-survivor to the landlord or agent when a domestic violence termination notice has been given. The notification must happen within seven days.

That means agencies should decide now who receives a domestic violence termination notice, who checks the evidence requirements, who sends any required notification, and how that step is recorded without exposing unnecessary details.

A generic "tenant break lease" workflow is too blunt for this job. Use a restricted checklist with dates, method of service, required recipients and a note of completion. Keep the evidence itself accessible only to people who need it.

Treat photos and advertising as a privacy step

The changes also bring specific rules for photos and video used for advertising. Fair Trading says landlords or agents must give seven days' notice before taking photos or video for advertising, and must get written consent before publishing if the tenant's possessions are visible.

Tenants may withhold consent if there is evidence of domestic abuse, or if they reasonably fear publication could reveal their location. Property managers should not leave that decision to the photographer on the day.

Before a campaign starts, check whether any domestic abuse evidence or safety concern has been recorded on the tenancy file. If the answer is yes, keep the marketing file, property photos, access notes and tenant consent in one place so the agency can show what was requested and what was approved.

Record locks and security device decisions carefully

Fair Trading says the reforms expand the grounds for tenants to change locks or security devices without the landlord's consent, including where an alleged perpetrator is legally prevented from accessing the property by an apprehended violence order, domestic violence order, family violence injunction, bail condition or parole condition.

Lock and access records can become messy quickly. Agencies should record the request date, the safety basis given, who was told, which locks or devices changed, key handover steps, contractor attendance and any follow-up needed for the owner or remaining tenants.

Keep the tone plain. These notes are not the place for commentary about the people involved. They should show the safety-related change and the practical steps taken.

Check tenant database habits

Fair Trading says the reforms ban landlords or agents from listing a victim-survivor on a tenancy database where the tenant can provide evidence of domestic abuse during the tenancy. NSW Fair Trading will also be able to order a database operator to remove a prohibited listing.

That should trigger a pre-listing check. Before any tenancy database action, the file should be reviewed for domestic abuse evidence, termination notices, Tribunal orders, rent adjustments, bond decisions and correspondence that changes what can be listed.

Do not rely on a debt ledger alone. A ledger may explain an amount, but it will not show whether a listing is prohibited or whether a different process applies.

Make co-tenant bond records clearer

Fair Trading says the reforms create clearer pathways for a victim-survivor to recover their share of the rental bond from co-tenants. The Tribunal will have powers to order a co-tenant to pay an amount equal to a departing tenant's bond entitlement and to determine each co-tenant's bond share based on contributions, or equal shares if there is no evidence of individual contributions.

REINSW also says the reforms include changes to co-tenant rental bond arrangements, including new fields in the standard residential tenancy agreement for recording each tenant's bond contribution.

For agencies, this is a prompt to tighten bond contribution records for shared tenancies. Keep each tenant's contribution, payment date, transfer or changeover note, bond number, refund direction and dispute note easy to find. If a housemate changes, do not bury the bond split in email.

Review forms without over-collecting information

Fair Trading says the reforms expand who can make a competent person declaration so victim-survivors have better access to evidence that lets them break a lease without penalty. REINSW says updated terminology, forms and penalties are part of the reform package.

Property managers should use the official forms and current Fair Trading guidance, not improvised questionnaires. Ask for what the process requires. Avoid collecting extra personal history just because the situation feels sensitive.

Good file handling is practical: fewer people with access, clear document names, a date trail and no speculation in notes.

What to do before 21 September

Pick one person to review the domestic abuse workflow before commencement. Check the termination notice process, photo and advertising consent process, lock-change process, database listing checklist, shared-bond records and staff access to sensitive documents.

Then update the scripts staff use with tenants and owners. The wording should be short and careful: the agency can explain the process, record the steps and point people to official guidance, but it should not give legal advice or ask tenants to disclose more than the law requires.

This article is general information for rental operators, not legal advice. Domestic abuse tenancy matters can involve urgent safety, privacy and legal issues. Check NSW Fair Trading's current guidance and get qualified advice for specific files.

Sources checked

Reviewed 2026-09-11.