New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 54A

54A Limit on liability of tenant for actions of other tenants occurring during domestic violence offences

(1) A tenant (the
"exempted tenant" ) is not responsible to the landlord for any act or omission by a co-tenant that is a breach of the residential tenancy agreement if--

(a) the act or omission--

(i) constitutes or resulted in damage to the residential premises, and

(ii) occurred during the commission of a domestic violence offence, and

(b) the exempted tenant is--

(i) the victim of the domestic violence offence, or

(ii) an exempted co-tenant.

(2) In this section--

"exempted co-tenant" means a person who--

(a) is a tenant under the same residential tenancy agreement as the tenant who is the victim of the domestic violence offence, and

(b) is not a relevant domestic violence offender (within the meaning of Division 3A of Part 5) nominated in a document referred to in section 105C(2) and annexed to a domestic violence termination notice (within the meaning of section 105A) for the residential tenancy agreement.

(3) This section is a term of every residential tenancy agreement.