Landlord Association Backs Easier Pathway For Family Violence Victims To Exit Tenancies

The Auckland Property Investors Association Incorporated ("APIA") supports the government's move to simplify the process for victims of family violence to withdraw from tenancies.

The Residential Tenancies Amendment Act 2020 made provisions for family violence victims to withdraw from their tenancy agreements with a two-day notice. Specific rules regarding the notice itself and accompanying qualifying evidence were gazetted today under the Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations.

From 29 December 2022, victims of family violence can withdraw from their tenancies with a written notice accompanied by a statutory declaration certifying their victimhood. APIA supports lowering the barrier to safety for victims, and self-certification achieves that.

Association general manager Sarina Gibbon says, 'The legislative intent here is about victims' safety, not landlords' bottom line. Keeping the withdrawal process simple facilitates the outcome and minimises re-traumatisation.'

Since the 2020 amendment, some landlords have expressed discomfort over the system's rigour and having to house family violence perpetrators by default. Gibbon puts these down to knee-jerk reactions from landlords who have grown wary about the government's inclination. 'I think some landlords are absolutely exhausted by the constant rule changes in the last few years, so much so that to think the worst has almost become a self-preservation mechanism.'

She expects that, in time, most landlords will see the withdrawal process for what it is and come to support it. "First of all, making a false declaration is a criminal office. Secondly, we should recognise how dire the situation at home must be for someone to be prepared to uproot their entire life in two short days."

"We've been saying for years that landlords don't wake up in the morning and decide to terminate their tenancy willy-nilly. The same can be said of tenants. It takes a lot for someone to give up their home and possibly leave loved ones behind. In two days, no less." says Gibbon, "I think most landlords would not want their tenancy agreements to be an albatross around a victim's neck."

© Scoop Media