Landlord fears over new rental reform protections for domestic violence tenants

A Queensland real estate agent has defended plans to broaden controversial laws which allow victims of domestic violence to walk away from rented properties without paying for damages.

New legislation is being considered to allow victims of domestic violence to install security systems in rental properties.

A Queensland real estate agent has defended plans to broaden controversial laws which allow victims of domestic violence to vacate their rented property at a weeks’ notice without paying for damages.

Teneriffe real estate principal Kieran Kannan, from Odyssey Property Concierge, said landlords had nothing to fear from additional state legislation proposed to further protect tenants who are victims of domestic violence.

Mr Kannan said prudent landlords would already have adequate insurance in place to protect them against property damage from a domestic violence brawl.

“In some instances, as you can imagine, the repairs can be quite extensive but there are many landlord insurance policies that cover this,” he said.

“My recommendation to all landlords is to make sure they have insurance and also to make sure that they have read the product disclosure statement to know exactly what incidents are covered.”

Real estate principal Kieran Kannan says landlords should get insurance to cover damage to property from domestic violence brawls. Picture: Contributed

Last month, the state government announced it was considering adding to legislation to allow tenants who are victims of domestic violence to install security systems and CCTV cameras in rental properties.

The state introduced the initial laws in 2021, after former Hollywood couple Johnny Depp and Amber Heard allegedly trashed a Gold Coast mansion they rented from MotoGP great Mick Doohan in 2015.

Claims emerged about former Hollywood couple Amber Heard and Johnny Depp after they stayed at the Gold Coast property of MotoGP legend Mick Doohan. Picture: NewsCorp

Under existing legislation, tenants who have a domestic violence report from a relevant authority can break their lease giving only seven days’ notice and walk away without paying for any DV-related repairs.

Queensland has some of the strictest domestic violence laws in Australia, aimed at protecting tenants from abusive partners.

However, some landlords have complained that the laws were having a negative impact on their business, as they faced penalties for failing to take action against domestic violence.

Under the 2021 laws, landlords are required to take reasonable steps to protect tenants who are experiencing or at risk of experiencing domestic violence.

This includes providing safe and secure accommodation, changing locks, and allowing tenants to break their lease without penalty.

The infamous Gold Coast mega mansion where Johnny Depp allegedly severed his finger and kept his illegally smuggled dogs has reportedly been sold for a record-breaking price. 

Landlords who fail to comply with the new requirements can face hefty fines, with penalties of up to $10,000 for individuals.

While many landlords acknowledge the need to protect tenants from domestic violence, some argue the current laws are too harsh and place too much responsibility on property owners. They claim that they are being unfairly punished for the actions of others, and that the laws place a significant financial burden on small landlords and investors.

Domestic violence and tenants advocates argue that expanding current laws is necessary to adequately protect vulnerable tenants, particularly women and children, who are most at risk.

Tenants Queensland chief executive Penny Carr said landlords had a duty of care to their tenants, and that failure to take reasonable steps to protect them could be viewed as an act of negligence.

“The changes to tenancy law have been quite effective and are good because they allow people to leave a situation quickly with an appropriate level of evidence,” Ms Carr said.

“Previously, they had to have a Domestic Violence Order which not every case will get and now they can leave with limited liability and don’t have to pay for damages created by the aggressor, even if they are on a fixed-term agreement.

“But not everyone wants to leave a tenancy after a domestic violence issue which is what the next round of legislation will look at.

“Being able to install security devices without prior approval will be very helpful for people.”

Tenants and landlords have been asked to comment on stage two of the rental law reforms before the end of May, which is Domestic Violence Prevention month in Queensland.