Occupancy agreements are not residential tenancies agreements, and the standard residential terms don’t apply. There are limited rules that govern what terms can be in an occupancy agreement, particularly around termination of the occupancy. They are called the Occupancy Principles (see below) which apply to on campus accommodation. 

The ANU Occupancy Agreement can be found here. You are entitled to ask ANU to provide a copy of your own signed Occupancy Agreement.  

Section 71EA of the Residential Tenancies Act 1997 (ACT) lists the mandatory occupancy principles in which you are entitled to in every occupancy. 

• that the premises must be reasonably clean, secure and in a reasonable state of repair when you move in; 

• You must receive a condition report within one day of moving into the premises 

• a security deposit can be no more than 4 weeks (if the occupancy is 6 months or more); 

• any rules imposed on your occupancy must be reasonable and proportionate; 

• any penalty for a breach of occupancy rules must reasonable and proportionate and must not impose unreasonable hardship on the occupant; 

• the grantor can only enter the premises at specified times (e.g. under circumstances agreed on in the occupancy agreement); 

• the grantor cannot interfere with your quiet and peaceful enjoyment of the tenancy. 
   

The complete occupancy principles can be found here. 

Terminating an occupancy agreement with ANU University Accommodation can be challenging because there are limited grounds to termination. However, check your own contract to see if it is different to the clauses below. 

There are two types of termination. Termination without Default (see clause 9) and Termination with Default (see clause 10). “Default” means breaching the contract. If you ‘Default’ on a contract, there are usually harsher financial penalties imposed.

Clause 9 of the ANU Occupancy Agreement outlines the reasons that the University may consider a termination of your accommodation contract and allow you to leave on certain compassionate grounds if you have evidence that you fall under one of those categories. However, it is not guaranteed that even if you meet these categories, the University will allow you to cancel your accommodation contract: 

Changes to Academic Status 

• You must notify the Head of Residence or their representative in writing within 2 working days if:
• Your study has been completed, terminated, or suspended; or 
• You are no longer enrolled at ANU; or 
• Your academic load is reduced below 18 units in any one semester (including summer, winter, autumn, or spring sessions); or 
• Late withdrawals.  

Relocation  

• Out of the ACT for the purpose of study exchange or study abroad arranged with the University during a second semester, OR  
• Completing a compulsory research requirement during a second semester that cannot be deferred or conducted without such relocations.
• This termination request must be made in writing to your Head of Residence/Residential Life Manager no later than 15 May 2025 and provide your evidence of the program or coursework requirements. The termination will take effect from 11 July 2025, and you would still be required to pay rent until that date.

Serious medical condition  

• Which materially impacts your obligations to continue the Agreement (ie: financial difficulty, unable to use the facilities at University Accommodation). This includes if you are a full-time primary carer for a dependent and your caring responsibilities prevent you from continuing with the Agreement.  
• If the University reasonably requires additional documentary evidence of their medical condition or primary-carer obligation, the Occupant must promptly provide such evidence.
• You have to cooperate with the University to seek to address the impact of your obligations, which may include engaging with university support services applicable to your circumstances. (ie: applying for an ANU Accommodation Bursary if you are facing financial hardship).
• If the University and/or the Occupant (as applicable) is not able to reasonably accommodate the serious medical or primary-carer circumstances of the Occupant, the University will terminate this Occupancy Agreement with reasonable notice.

The University, when considering a termination for Change in Academic Status or Serious Medical Condition reasons, is under the obligation to reach a decision and communicate it to you within a reasonable period, which should generally be within 10 working days from when you send all your available evidence to the University (ie: to your Head of Hall/Residential Life Manager/University Accommodation email).

A termination for default (see clause 10) can occur if you, as an Occupant, breach your responsibilities under the agreement. This can have serious consequences such as incurring additional costs, or even prevent you from graduating (see clause 11). 

A default includes: 

1. not paying rent arrears for 7 days or more; 

2. moving out or ceasing to occupy the room before the End Date of your agreement without written consent from the University to do so; 

3. become bankrupt or commit an act of bankruptcy; 

4. commit an act or behaviour which justifies ‘immediate eviction’; 

5. cease to be a student at ANU.  
    

If you have a rent arrears for more than 7 days or your arrears exceed the room deposit, the University may place a ‘negative service indicator’ on your academic records which will prevent the release of your results, academic transcripts, and may prevent you from graduating. If you have a negative service indicator placed on your account or a threat that one may be imposed, we encourage you to seek further legal advice as it may be unfair.

If you have sought to terminate your Occupancy Agreement with the ANU or Unilodge but they are not responding to you in a timely manner, or if your reasons to terminate falls outside the reasons under Clause 9, you may consider making an occupancy dispute to the ACT Human Rights Commission.  

Protecting your rights as occupants is an important part of our advocacy. If you are a current student at the ANU, you may book to seek legal advice with lawyers at the ANUSA Legal Service.

For any disputes about an occupancy, you can also make a free complaint or file a dispute to the ACT Human Rights Commission. The Human Rights Commission can provide you with an independent forum to conciliate your dispute with the University.  

This is in addition to your rights to make an application to the ACT Civil and Administrative Appeals Tribunal (ACAT) which you can do alongside an ACT Human Rights Commission complaint.

Occupancy Agreement and ANU Information

• ANU Fees and Occupancy Agreements

• ANU Student Relief Bursary (SURF)  

• ANU Emergency Accommodation Bursary

 Legislation 

• Occupancy Principles

• Residential Tenancies ACT 1997 (ACT) 

Help with Occupancy Disputes 

• ACT Civil and Administrative Tribunal

• ACT Human Rights Commission 
  Overview
  Complaints about Occupancy Disputes