Family Violence Withdrawal Notices: What Landlords Need to Know (NZ)

A tenant or their dependant who has experienced family violence during a tenancy can withdraw from it on just 2 days' written notice, with no financial penalty and no need for your agreement, as long as the notice comes with one piece of qualifying evidence. If they are the only tenant, the whole tenancy ends. If they are one of several co-tenants, the tenancy continues for the others and only their share of the liability ends. This guide covers what you need to do when you receive one of these notices, and what you must keep confidential when you do.

What is a family violence withdrawal notice?

Section 56B of the Residential Tenancies Act 1986 lets a tenant, or a tenant's dependant, who has experienced family violence during the tenancy remove themselves from it without the usual notice periods, penalties, or your agreement. It applies to both periodic and fixed-term tenancies, and it exists specifically so someone in an unsafe situation is not stuck negotiating an exit with a landlord, or trapped by the remainder of a fixed term.

It is a withdrawal, not a request. If the notice is in the approved form and comes with qualifying evidence, you cannot refuse it, and you cannot ask whether the family violence actually happened.

How much notice do they have to give?

At least 2 days' written notice. This is 2 calendar days, not working days: if you receive it on a Monday, the notice period starts Tuesday and the tenancy, or the tenant's interest in it, ends Wednesday. The withdrawing tenant can leave immediately for their own safety once they have given notice; they are only liable for rent up to the end of that short notice period, not any longer.

What evidence has to come with the notice?

One of the following, dated during the tenancy (or, for a Protection Order obtained before the tenancy began, with a written statement that the violence is still occurring):

• A statutory declaration made by the tenant or dependant before an authorised witness
• A written statement or statutory declaration from a listed professional: a medical practitioner, nurse, midwife, osteopath, psychologist, psychotherapist, social worker, counsellor, a family violence support worker, a Whanau Ora or Maori community provider, a Maori Warden, a Police employee, a probation officer, a lawyer, a school principal, a religious leader, an employer, or a landlord
• A copy of a Police Safety Order issued during the tenancy
• A copy of a charging document for a family violence offence, issued during the tenancy
• The first page of a Protection Order issued during the tenancy (or issued earlier, with a statement confirming the violence is ongoing)

You only need to see that one of these has been provided in the approved form. You are not entitled to see more detail than that, and you must not question whether the family violence happened.

What happens to the rent?

For the tenant who withdraws: they stop being responsible for rent once the notice period ends. If they leave the property immediately, they still owe rent for those first 2 days, but nothing after.

For a sole tenant: the whole tenancy ends at the end of the notice period, the same as any other end of tenancy.

For remaining co-tenants: their total rent liability is reduced for 14 days after the withdrawal, worked out as the normal total rent divided by the previous number of tenants, multiplied by the number of tenants remaining. That gives the remaining tenants two weeks to either bring in a new co-tenant or agree a new rent figure with you before full liability resumes. Update your rent schedule for those 14 days, then revert it, or set the new rent once the remaining tenants confirm their arrangement.

What happens to the bond?

The bond does not have to be dealt with immediately, but it is worth sorting promptly if there are remaining tenants. Options: the withdrawing tenant can request a refund of their share if you and the remaining tenants agree, the remaining tenants can top the bond back up to the full amount owed for the tenancy, or the departing tenant can simply be removed from the bond record via a change-of-tenant form without any money changing hands. Leaving it unresolved creates a delay for whichever tenant eventually needs their share refunded at the end of the tenancy, so it is in everyone's interest to deal with it at the time, not defer it.

What do you have to keep confidential?

Everything in the notice and the evidence. You can only share it:

• Between yourself, your property manager, and the property owner, where that is genuinely necessary for managing the tenancy
• With the permission of the person who experienced the family violence
• When you are seeking your own legal advice
• If it becomes relevant to legal proceedings over a dispute with the tenant or their guarantor
• Where the law otherwise requires or permits disclosure

Unlawfully sharing the notice or the evidence carries a fine of up to $3,000. In practice, this means you do not tell the remaining co-tenants why someone has withdrawn. You can tell them that a co-tenant has withdrawn and what it means for their rent and the bond, without saying anything about family violence. The withdrawing tenant does not have to tell the other tenants in person, and none of the evidence needs to be shared with them at all.

A practical checklist for when you receive one

• Check the notice is in the approved form and includes one piece of qualifying evidence from the list above. Do not ask for more, and do not ask whether it happened.
• Note the date you received it and calculate the 2-day notice period from the day after.
• Work out who this affects: does the whole tenancy end, or does it continue for remaining co-tenants?
• If co-tenants remain, calculate their temporary rent for the following 14 days and update your records.
• Sort the bond: refund, top-up, or a change-of-tenant form, whichever the remaining tenants and the withdrawing tenant agree.
• Tell remaining co-tenants what has changed, the fact of the withdrawal, the new rent, the bond arrangement, without disclosing why, or sharing any of the evidence.
• Store the notice and evidence securely, separate from anything the remaining tenants or anyone else on your team without a genuine need would see.

Where to get support

If a tenant tells you they are dealing with family violence, or you are supporting someone through this yourself, these are the services worth knowing about:

• Women's Refuge: crisis line 0800 733 843, for women and children
• Shine: helpline 0508 744 633, for anyone affected by family violence
• Victim Support: 0800 842 846, practical and emotional support after violence or crime
• Police: 111 in an emergency, 105 for non-urgent reports

Frequently asked questions

Can I refuse a family violence withdrawal notice?
No, not if it is in the approved form and comes with one piece of qualifying evidence. You cannot require additional proof and you cannot question whether the family violence occurred.

Is the 2-day notice period working days or calendar days?
Calendar days. The notice period starts the day after you receive it, and weekends or public holidays are not excluded from the count.

What happens to a fixed-term tenancy if one co-tenant withdraws under this provision?
The tenancy continues on its existing terms for the remaining tenants. Only the withdrawing tenant's interest and liability end; the fixed term itself is unaffected.

Do the remaining tenants have a right to know the withdrawing tenant's reasons?
No. You can tell them a co-tenant has withdrawn and how it affects their rent and bond, but the family violence evidence and the reasons behind it are confidential and must not be disclosed to them.

What if I accidentally share the evidence with someone I shouldn't have?
Unlawful disclosure of a family violence withdrawal notice or its evidence carries a fine of up to $3,000. If in doubt about whether a disclosure is covered by one of the permitted exceptions, get your own legal advice before sharing rather than after.

Where can a landlord check the official rules directly?
Tenancy Services' own page on withdrawal from a tenancy following family violence sets out the notice, evidence, and confidentiality rules in full.