Occupancy agreements are not residential tenancies, 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. As such, the terms in the contract you sign will contain most of the rules that will govern your occupancy. However, the Occupancy Principles (see below) also apply. 

The ANU Occupancy Agreement 2024 can be found here. You are entitled to have 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. Even if these terms are not included in your Occupancy Agreement, you are automatically entitled to these rights. 

Some of the principles include: 

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

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

The complete occupancy principles can be found here. 

Terminating an occupancy agreement with Unilodge 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. 

Under Clause 9 of the 2024 ANU Occupancy Agreement, the University can terminate your occupancy if you ask to terminate without default: 

1. Changes to Academic Status 
   a. 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 
   b. you are no longer enrolled at ANU; or 
   c. your academic load is reduced below 18 units in any one semester (including summer, winter, autumn, or spring sessions); or 
   d.late withdrawals.  

2. Relocation  
   a. out of the ACT for the purpose of study exchange or study abroad arranged with the University during a second semester, OR  
   b. completing a compulsory research requirement during a second semester that cannot be deferred or conducted without changing locations. 

3. Serious medical condition  
   a. which materially impacts your obligations to continue the Agreement. This includes if you are a full-time primary carer for a dependent.  
    

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 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). 

NOTICE: This is legal information and is for general informational purposes only. It does not constitute legal advice and should not be relied upon as such. These materials have been prepared for ANU Students by the ANUSA Legal Service. If you would like legal advice please book in for an appointment with the ANUSA Legal Service. 

Occupancy Principles

• Occupancy Principles: https://www5.austlii.edu.au/au/legis/act/consol_act/rta1997207/s71ea.html  

• Full Residential Tenancies Act 1997 (ACT): https://www.legislation.act.gov.au/a/1997-84  
   

Occupancy Agreement and Legislation 

• 2024 ANU Occupancy Agreement: https://study.anu.edu.au/files/2023-10/2024%20Occupancy%20Agreement.pdf  

• ANU Fees and Occupancy Dates: https://study.anu.edu.au/accommodation/support-resources/fees-occupancy-agreements  

• 2024 ANU Residential Handbook: https://study.anu.edu.au/files/2023-10/2024%20Residential%20Handbook_vOct_compressed.pdf  
   

Help with Occupancy Issues 

• ACAT: https://www.acat.act.gov.au/case-types/rental-disputes/occupancies  

• ACT Human Rights Commission 
  Overview: https://www.hrc.act.gov.au/  
  Complaints about Occupancy Disputes: https://www.hrc.act.gov.au/complaints/complaints-about-occupancy-disputes