Installing safety devices when there is violence
If your client has experienced family violence or personal violence in their rental home, they can install safety modifications required to keep them safe. The process of making safety modifications will depend on the type of modification required, as some will require consent from the rental provider.
What is family violence or personal violence under tenancy law?
Tenancy law contains options for renters who experience both family violence or personal violence as defined below.
Family violence is a behaviour by a partner, caregiver, family member or guardian that is:
- Physically or sexually abusive
- Emotionally or psychologically abusive
- Economically abusive
- Threatening
- Coercive
- In any other way controls or dominates the family member causing them to feel fear for safety or wellbeing of themselves or others
- Causes a child to hear or witness or be exposed to the effects of the above
Personal violence can be carried out by a non-family member and means the following:
- Assault
- Sexual assault
- Harassment
- Property damage or interference
- Making a serious threat
- Stalking
Modifications that don’t need consent
As long as your client’s home is not heritage listed, they can make some modifications without needing consent from the rental provider. These include:
- Installing security lights, alarm systems and security cameras that:
- do not impact on the privacy of neighbours,
- can be easily removed from the rented premises, and
- are not hardwired (e.g. built in or made permanent) to the rented premises.
- Installing non-permanent window film to increase privacy
- Installing a wireless video doorbell
- Replacing curtains, provided the original curtains are kept
- Installing a lock on a letterbox
Modifications where consent is needed
Your client will need consent from their rental provider to make any other modifications necessary to keep them safe, if they experienced violence from a person also on the rental agreement.
If the person using violence is not listed on the rental agreement your client can still request consent to make modifications that are reasonable security measures. Your client will need consent from their rental provider, but the rental provider cannot unreasonably refuse.
A renter needs consent:
- Installing a secure letterbox
- Making changes to external gates
- Installing screens on doors and windows
- Installation of a security system by a qualified person
If your client’s rental provider refuses their request to make safety modifications, your client should get legal help to explore their options.
Does my client need an intervention order to make modifications?
If your client has experienced family violence, an intervention order is not needed to make safety modifications. However, if your client has experienced personal violence from a co-renter, they need a personal safety intervention order against the co-renter for consent to make modifications which go beyond ‘reasonable security measures’.
When can a rental provider refuse consent?
In some circumstances the rental provider can reasonably refuse to give consent. Some examples are:
- The modification would significantly change the property.
- The modification would lead to additional maintenance costs for the rental provider if it were not restored back to the original condition at the end of the lease.
- It would not be practical to restore the property to the original condition after the modification has been made.
- The property is about to be sold or vacated and the renter has been given a valid notice to vacate.
If a renter believes that the rental provider has unreasonably refused to consent to the safety modifications, they can apply to VCAT for a decision. This type of application is considered urgent, so VCAT will hear it within 5 days.
What happens when my client moves out?
Renters should try to reach an agreement with the rental provider that modifications can remain after they move out (preferably in writing), if that’s their preference.
Otherwise, when your client moves out, they will need to restore the property by removing any alterations or pay the costs to restore the property back to its condition before the modifications.
Talking to the rental provider
Home of Your Own can help your client to draft a personalised letter or email to their rental provider to discuss the safety modifications they need and request the rental provider’s consent if necessary.
Draft a letter using Home of Your Own.
Where can my client get more help?
Family violence support services
If your client is eligible, a family violence worker may be able to arrange security modifications or provide financial support to pay for them. Read more about financial support options for people experiencing family violence.
Legal services
The following services might be able to provide your client with advice if the rental provider denies any requests for safety modifications and your client’s safety is at risk:
- Victoria Legal Aid: Legal Help can give legal advice over the phone, or via an online chat service.
- Women’s Legal Service Victoria: Offers secondary consultations for community workers, and may provide advice and representation depending on the issue.
- Community Legal Centre (CLC): Your client’s local CLC might be able to provide some advice. Find your client’s local CLC.
Our free self-help tool, Home of Your Own, provides personalised legal information, practical guidance, and templates for Victorian renters who are facing family violence.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.