This guide is general information only and does not constitute legal advice. Tenancy legislation changes regularly. Consult a qualified professional or your state tenancy authority for advice specific to your situation.
Overview
The Australian Capital Territory's residential tenancy framework is governed by the Residential Tenancies Act 1997 (the Act). While it shares the same year and name as Victoria's and Tasmania's legislation, the ACT's Act is a separate piece of territory legislation with its own specific provisions.
Access Canberra (part of the ACT Government) administers the Act and provides information and services for landlords and tenants. The Office of Rental Bonds holds all rental bonds. The ACT Civil and Administrative Tribunal (ACAT) handles formal tenancy disputes.
The ACT has implemented significant tenancy reforms in recent years, including restrictions on no-cause evictions and the introduction of minimum housing standards. If you are self-managing a rental property in the ACT, you need to be across these changes.
Your Obligations as a Landlord
Property Condition and Minimum Standards
You must provide the property in a reasonable state of cleanliness and repair at the start of the tenancy. The ACT introduced minimum housing standards that require rental properties to meet baseline habitability requirements. These include:
- Structural soundness and weatherproofing
- Adequate natural or artificial lighting in habitable rooms
- Adequate ventilation
- A functioning kitchen with a stovetop, oven, and sink in working order
- A functioning bathroom with a toilet, washbasin, and shower or bath
- Adequate hot and cold water supply
- Functioning laundry facilities (or access to shared laundry)
- Privacy coverings on bedroom and living area windows
- Adequate heating in the main living area
- Working locks on all external doors and windows
- Compliance with smoke alarm and electrical safety requirements
Repairs
- Urgent repairs must be carried out as soon as necessary. Urgent repairs include burst water services, gas leaks, dangerous electrical faults, flooding, serious storm damage, failure of essential services (hot water, cooking, heating, cooling), blocked or broken toilets, serious roof leaks, and anything that makes the property unsafe or insecure. If the landlord cannot be contacted or fails to act, the tenant can arrange urgent repairs up to a prescribed limit and seek reimbursement.
- Non-urgent repairs: the tenant must notify you, and you must carry out repairs within a reasonable time. The Act does not set a fixed number of days, but unreasonable delay can lead to an ACAT order.
Safety Compliance
- Smoke alarms must be installed on each level of the property in compliance with the Building Act 2004 and relevant Australian standards. You must ensure they are operational at the start of each tenancy.
- Electrical safety: the property must have safe, functioning electrical installations. The ACT requires all rental properties to have a safety switch (RCD) installed.
- Energy efficiency: the ACT has among the strongest energy efficiency disclosure requirements in Australia. A residential property must have a valid Energy Efficiency Rating (EER) disclosed at the time of advertising and leasing. Most residential properties require a minimum EER, and this must be included in the tenancy agreement.
- Pool and spa fencing must comply with the Building Act 2004 if the property has a pool or spa.
Privacy and Quiet Enjoyment
The tenant is entitled to quiet enjoyment of the property. You must not interfere with the tenant's reasonable peace, comfort, and privacy. Excessive contact or unannounced visits can constitute harassment.
Bond and Security Deposits
The maximum bond in the ACT is four weeks' rent.
You must lodge the bond with the Office of Rental Bonds within 2 weeks of receiving it. The Office holds the bond in trust for the duration of the tenancy.
At the end of the tenancy, if both parties agree, the bond is released through the Office of Rental Bonds. If there is a dispute, either party can apply to ACAT for a determination.
Legitimate bond claims include unpaid rent, damage beyond fair wear and tear, and cleaning costs if the property was not returned in a reasonable condition.
Visit the Office of Rental Bonds for lodgement and claim information.
Entry and Access Rules
The ACT has specific entry rules with relatively generous notice periods.
| Purpose | Notice Required |
|---|---|
| Routine inspection | 1 week written notice |
| Repairs (agreed) | 1 week, or at a time agreed with the tenant |
| Urgent repairs | As soon as practicable (without the standard notice) |
| To show the property to prospective tenants | 1 week (tenancy must be ending) |
| To show the property to prospective buyers | 1 week |
| Emergency (imminent danger) | Without notice |
| To comply with a tribunal order | As specified |
Routine inspections can be conducted no more than once every 6 months. This is the same as Victoria and is one of the most restrictive frequencies in Australia.
Entry must occur at a reasonable time, generally between 8:00 am and 6:00 pm on weekdays. Entry on weekends and public holidays requires the tenant's agreement.
The 1-week notice requirement for most entry types is longer than the 24-hour requirement common in other states. This gives ACT tenants more advance notice of landlord access.
Rent Rules
Payment Methods
You must ensure the tenant has access to at least one reasonable and fee-free method of paying rent.
Rent Increases
- Rent cannot be increased during a fixed-term agreement unless the agreement specifically allows it and states the amount or method of calculation.
- For periodic agreements, rent can be increased no more than once every 12 months.
- You must give at least 8 weeks written notice of any increase.
- The tenant can apply to ACAT if they consider the increase to be excessive.
Rent in Advance
You may request no more than 2 weeks rent in advance at the start of the tenancy.
Ending a Tenancy
The ACT has implemented significant restrictions on ending tenancies, particularly for periodic agreements.
Fixed-Term Agreements
- End of fixed term (no fault): You must give at least 8 weeks written notice before the end date. The tenant must give at least 3 weeks notice.
- Breach by tenant (non-payment of rent): Written notice with an opportunity to remedy. The specific process depends on the severity and duration of the arrears.
- Breach by tenant (other): Written notice specifying the breach and requiring it to be remedied. If not remedied, further action through ACAT.
Periodic Agreements
The ACT has abolished no-cause terminations for periodic tenancies. Landlords must now provide a prescribed reason for ending a periodic tenancy:
- Property being sold: 8 weeks written notice.
- Landlord or immediate family moving in: 8 weeks written notice.
- Significant renovation or demolition: 8 weeks written notice.
- Change of use: 8 weeks written notice.
- Termination by tenant: 3 weeks written notice.
- Breach by tenant: Through the ACAT process.
Eviction Process
If a tenant does not vacate after a valid termination notice, you must apply to ACAT for a termination and possession order. Self-help evictions are illegal. Only the ACT Sheriff can enforce an eviction order.
Inspections
Routine Inspections
Routine inspections can be conducted no more than once every 6 months. You must give 1 week written notice. The inspection must occur at a reasonable time.
Condition Reports
A condition report must be completed at the start of every tenancy. The report documents the condition of the property, including each room, fixtures, and fittings.
The tenant receives the condition report at or before the start of the tenancy and has the opportunity to annotate and return it. Both parties should retain signed copies.
At the end of the tenancy, a final inspection and exit condition report should be completed. The comparison between the entry and exit reports forms the basis for any bond claim.
Photographs and video with dates are recommended as supporting evidence.
Key Government Resources
- Access Canberra: Renting: landlord information, forms, and guides
- Office of Rental Bonds: bond lodgement and claims
- ACAT (ACT Civil and Administrative Tribunal): dispute resolution
- Residential Tenancies Act 1997 (ACT): full text of the legislation
- Energy Efficiency Rating information: EER requirements for rental properties
How propkt Helps
The ACT's six-monthly inspection limit, strict notice requirements, and energy efficiency obligations create unique compliance challenges for self-managing landlords. propkt's document vault stores your condition reports, lease agreements, energy efficiency ratings, and safety compliance records in one place. Automated reminders ensure you stay within the six-monthly inspection window and track document expiry dates well in advance. The maintenance tracker records every repair request and completion date, providing solid evidence for any ACAT proceedings. And bond tracking with status management keeps you informed through the Office of Rental Bonds process from lodgement to release.