38,314 domestic violence assaults: why NSW rental laws are changing

NSW recorded 38,314 domestic violence assaults in the year to March 2026. From 21 September, new rental laws will change how agents handle tenancy terminations, co-tenant notices, rent, confidential evidence, advertising images, property damage, locks, bonds and tenancy databases.

NSW real estate agencies have less than a week to update their property management procedures before a major package of domestic abuse rental reforms takes effect.

The changes commence on 21 September 2026 and introduce new legal responsibilities for landlords, agents and property managers, alongside stronger protections for tenants and their dependent children experiencing domestic abuse.

NSW Fair Trading has told the industry to familiarise itself with the reforms, update internal processes and ensure staff use the correct forms from commencement.

For agencies, this is not simply a terminology change. The reforms affect what happens when a Domestic Violence Termination Notice is received, who must be notified, how rent is calculated, how sensitive evidence is handled and when images of an occupied rental property can be published.

The numbers behind the reform

The latest NSW Bureau of Crime Statistics and Research quarterly report recorded 38,314 domestic violence assault incidents in the 12 months to March 2026. Although the number was statistically stable over the latest two-year period, it had increased by an average of 3.1 per cent a year across the decade, up from 29,052 incidents in the year to March 2017.

There were 41,881 recorded victims of domestic violence assault during the latest 12-month period. BOCSAR reported that 67 per cent were female and 14 per cent were children. Thirty-three people were victims of domestic violence-related murder, including 17 adult women and four children.

The burden was also unevenly distributed. Regional NSW recorded 624.9 domestic violence assaults per 100,000 people, compared with 360.8 in Greater Sydney. Far West and Orana recorded 1,531.2 incidents per 100,000 people, more than three times the NSW rate.

Housing is central to the issue. The NSW Government's statutory review of the domestic violence provisions in the Residential Tenancies Act found that more than two million people live in NSW rental homes, with more than 940,000 rental bonds held and about 620,000 landlords.

The review cited ABS data estimating that 794,100 women in NSW, or 25 per cent, had experienced violence, emotional abuse or economic abuse by a cohabiting partner since the age of 15.

It also found that domestic and family violence was the leading cause of presentations to specialist homelessness services in NSW in 2024. Of the 67,900 people assisted by those services during 2023-24, 31 per cent were experiencing domestic and family violence.

National ABS data provides another direct link to housing tenure. Women who were renting were more likely than women who owned their home to have experienced partner violence during the preceding two years, at 3.5 per cent compared with 1.1 per cent. Renters also recorded higher rates of partner emotional abuse, at 7.3 per cent compared with 4.8 per cent, and economic abuse, at 5.5 per cent compared with 2.3 per cent. These are national figures rather than NSW-only results, but they help explain why rental law can be an important part of the safety response.

Where the previous protections were falling short

The reforms did not emerge from the prevalence data alone. They follow a statutory review that received 20 written submissions, 220 survey responses and 163 quick-poll responses, followed by targeted consultation with 40 government and non-government organisations. The review produced 37 recommendations.

Evidence submitted to the review identified practical failures under the existing framework. A joint survey by Domestic Violence NSW, Women's Legal Service NSW and the Tenants' Union of NSW found that half of respondents reported property damage arising from domestic violence. Almost 36 per cent said they had been unable to persuade the landlord or Tribunal that the victim-survivor should not be responsible for the repair cost.

Another finding exposed a knowledge gap. Only 68 per cent of participants in the statutory review survey said they already knew tenants could end a tenancy because of domestic violence. Twenty-eight per cent said they did not know and another four per cent were unsure.

These figures need to be read with care. The consultation surveys were not population-wide prevalence studies. They are evidence of how the existing tenancy protections were being understood and applied by people and organisations engaging with the review.

The RET view is that this is where the reforms move from social policy into day-to-day property management. A notice received by one property manager can sit at the intersection of a tenant's immediate safety, their ability to secure another home, the liability for rent and damage, and the privacy of information that could reveal their location. The new rules are designed to make that response faster, clearer and safer.

Agents must notify remaining co-tenants

Under the new process, responsibility for notifying remaining co-tenants shifts from the departing victim-survivor to the landlord or agent.

When an agent receives a Domestic Violence Termination Notice, each remaining tenant must be notified individually using the approved form. That notice can only be given on or after the departing tenant's nominated termination date and must be issued no later than seven days after that date.

The notice must also explain the temporary rent adjustment applying during the first two weeks after the tenant leaves.

The termination itself remains valid even if an agent fails to notify a remaining co-tenant, but the agency may still have failed to meet its own legal obligation.

A two-week rent adjustment will apply

For the first two weeks after the tenancy ends, remaining co-tenants who are not identified as the alleged perpetrator will only be required to pay their own share of the rent. They will not be required to absorb the departing tenant's share during that period.

NSW Fair Trading says the protected co-tenant's share is calculated by dividing the total rent by the number of tenants in the property before the departing tenant left.

The protection does not apply to a remaining co-tenant identified in the supporting evidence as the alleged perpetrator. That person may be responsible for the balance of the rent from the termination date.

Agents will need to check whether rent has already been overpaid, arrange refunds where required and ensure the approved co-tenant notice states both the total rent payable during the adjustment period and the maximum amount payable by the person receiving it.

Confidentiality carries substantial penalties

Domestic Violence Termination Notices and their supporting evidence contain highly sensitive information.

Agents must not disclose the notice, the evidence or information contained in either document to remaining co-tenants, the alleged perpetrator or any other unauthorised person. Documents must be stored securely and securely disposed of when they are no longer required.

NSW Fair Trading lists maximum penalties of $11,000 for an individual and $49,500 for a corporation for failing to comply with the confidentiality requirements. The NSW Civil and Administrative Tribunal may also order compensation where an unlawful disclosure causes harm.

This makes access control critical. Agencies should review who can see these records in their property management software, shared drives, email systems and printed files before the reforms commence.

Agents are not investigators

An agent's role is to check that the tenant has supplied a completed notice and one accepted form of supporting evidence. This may be a certificate of conviction, a relevant family law injunction, an eligible domestic violence order or a declaration made by a competent person.

Agents may check that the approved form has been used, that it is complete and signed, that it relates to the relevant tenancy and that a person signing a competent person declaration has identified the basis on which they qualify.

They should not ask a tenant for further proof of the abuse, contact the alleged perpetrator, question other co-tenants or delay the termination while attempting to investigate what occurred.

NSW Fair Trading advises that documents which appear complete and valid should generally be accepted. Genuine concerns about altered, forged or misleading documents should be referred to Fair Trading.

The reforms will also broaden access to competent person declarations, reducing barriers for victim-survivors who may not have engaged with police or the court system.

New rules for rental advertising images

The reforms also change the rules for taking and publishing photographs or videos of occupied rental properties where a tenant's belongings, or those of a dependent child, are visible.

Agents must give at least seven days' notice before entering to take advertising images and provide a reasonable opportunity for the tenant to move, cover or remove personal belongings.

Entry for this purpose is limited to the 28 days immediately before the property is first advertised for sale or lease, or before the tenancy agreement ends, and only one entry is permitted for that purpose during the period.

Written consent must be obtained before publishing images showing personal belongings, including belongings visible outside the home or through a window. The tenant must first receive free copies of the images the agency proposes to publish and a written request for consent.

Consent must not be sought more than three weeks before the property is first advertised. If a tenant does not respond within seven days, consent is treated as refused.

A tenant may refuse where domestic abuse has been alleged and supported by evidence, or where they reasonably fear publication could expose them or their dependent child to domestic abuse. Images that cannot lawfully be used must be securely deleted or otherwise securely disposed of.

Broader protections across the tenancy

The legislation adopts the clearer and broader term "domestic abuse", recognising that abuse may be physical or non-physical and may include coercive or controlling behaviour.

The wider reform package also provides:

• stronger protection from liability for property damage arising from domestic abuse

• expanded reasonable grounds for a tenant to change locks without consent

• stronger restrictions on listing victim-survivors on tenancy databases, with increased removal and enforcement powers for NSW Fair Trading

• improved access to bond recovery where co-tenancies are involved

• a broader range of competent persons able to make declarations supporting a tenant or dependent child.

What agencies should do before 21 September

Property management businesses should now:

1. replace superseded forms and templates with the versions approved for use from 21 September

2. create a clear workflow for receiving and processing a Domestic Violence Termination Notice

3. assign responsibility for issuing individual notices to remaining co-tenants within the required timeframe

4. update rent adjustment and refund procedures for affected co-tenancies

5. restrict access to domestic abuse notices and supporting evidence

6. train staff not to investigate the alleged abuse or disclose protected information

7. update photography, consent and advertising workflows

8. review procedures covering locks, property damage, bonds and tenancy database listings

9. nominate an internal escalation point for uncertain or potentially fraudulent documents

10. ensure every property manager knows where to find the new Fair Trading guidance and forms.

The practical risk for agencies is not confined to missing a form. A poorly handled case could expose a tenant's location, identity or personal circumstances, create an incorrect rent charge or place sensitive evidence in the hands of an alleged perpetrator.

The new framework requires property managers to act promptly, follow the prescribed process and treat privacy as a safety issue.

NSW Fair Trading's guide for landlords and agents receiving a Domestic Violence Termination Notice explains the notification, confidentiality and rent adjustment requirements. Separate government guidance covers advertising rental properties in circumstances of domestic violence and abuse and understanding domestic abuse in rental situations.

NSW Fair Trading can be contacted on 13 32 20, Monday to Friday from 8.30am to 5pm.

If you or someone you know is in immediate danger, call 000. The NSW Domestic Violence Line is available 24 hours a day on 1800 65 64 63. 1800RESPECT is available on 1800 737 732.