Notice · Residential Tenancies
Tenant’s termination notice because of domestic abuse, with evidence checklist and after-steps (NSW s 105B)
Pack for a tenant ending a NSW tenancy to avoid further domestic abuse: the s 105B notice, the three kinds of evidence accepted (conviction, protection order, competent person’s declaration), no compensation, co-tenant notice by the landlord, rent relief for remaining tenants and confidentiality.
- Kind
- Notice. A formal notice to serve or publish.
- Where it applies
- New South Wales
- AI use
- Red Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a tenant, or a tenant’s dependent child, has experienced domestic abuse and the tenant wants to end their tenancy in NSW, including before a fixed term ends. The lawyer advises; the tenant signs. The competent person’s declaration is in the prescribed form and is made by that person, not prepared by the firm.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The lawyer advises and the tenant signs; AI may only fill the premises, landlord and date details and list the evidence held, and must not handle the evidence documents or the tenant’s safe contact details.
AI may
- Fill the premises address, landlord or agent details and the termination date into the notice from the lease
- List which of the three kinds of evidence the tenant already holds, from the lawyer’s file note
AI must not
- Must not draft, summarise or describe the abuse in the notice or anywhere else; the notice states only what s 105B requires
- Must not prepare, fill or suggest content for a competent person’s declaration
- Must not process the protection order, conviction certificate or declaration, or the tenant’s new address or safe contact details
- Must not send anything to the landlord, agent or co-tenants
The lawyer checks
- The evidence is one of the kinds in s 105C: a conviction certificate, an in-force DVO or family violence injunction protecting the tenant or dependent child against the alleged perpetrator, or a declaration under s 105E in the prescribed form
- The notice states that the tenant is ending the tenancy to avoid exposing the tenant or dependent child to further domestic abuse, and its termination date is on or after the day it is given
- The notice is given to the landlord with the evidence, in a way that does not reveal the tenant’s new address
- The tenant understands they are not liable for compensation for ending the tenancy, but remain liable for other amounts such as rent to the termination date and damage
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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