In the ACT, there are two different types of residential tenancies:

1. Fixed Term Tenancy

A fixed-term tenancy agreement is a tenancy which is agreed for a stated period (e.g., 6 months, 12 months) during which the tenant agrees to rent the property.

When a fixed term agreement reaches its end date, it does not automatically end. Instead, it becomes a periodic agreement and continues after its end date unless it is terminated in writing by either you or the landlord. This rule means that the tenant(s) do not have to sign a new rental agreement, when the fixed term ends. They can just keep living in the premises and the tenancy becomes a periodic tenancy.

However, getting out of a fixed term agreement before its end date is complicated and can mean you end up liable to pay the landlord compensation. All fixed term tenancies from 10 December 2024 must include a break lease clause which caps the amount of compensation for breaking a fixed term lease early. However,

2. Periodic Tenancy

Getting out of a periodic agreement is a lot easier. A periodic tenancy occurs when there is no fixed end date in the rental agreement. Instead, it rolls over on a regular basis, often month-to-month, or week-to-week. A tenant may terminate a periodic agreement with 3 weeks written notice to the landlord. Generally, under new standards the landlord can only terminate in specified circumstances (with a minimum period of 8 weeks and up to 26 weeks).

Other considerations

If you are living in a share-house and have housemates or have signed a rental contract with a friend or other family members, you may have a co-tenancy agreement which has specific provisions regarding termination or replacing a co-tenant. All co-tenants have the same rights and responsibilities under the agreement. See below for further information about co-tenancies.

If you live with the landlord and with other people in the house who have their own agreements with the landlord for their own respective rooms, it is possible that you may have an occupancy agreement. If that is the case, different rights and responsibilities may apply to you.

All tenancies and occupancies in the ACT are governed by the Residential Tenancies ACT 1997 (ACT).

In the ACT, there are standard residential tenancy terms. These are over 100 terms which apply in every residential tenancy in Canberra. It is best practice to have a written agreement about your tenancy. However, if the landlord didn’t give you a written agreement, or the agreement you signed does not include, or contradicts any of the standard residential tenancy terms, the standard terms still apply and are part of your agreement.

Some of the standard terms include, but are not limited to:

• that the landlord is prohibited from holding deposits (except bond),
• the landlord is responsible for certain repairs; and
• the landlord must not require advance rent payment of more than 2 weeks (unless nominated by the tenant);
• the landlord can only enter the premises at specified times (e.g. for an annual inspection);
• the landlord cannot interfere with your quiet and peaceful enjoyment of the tenancy.

The complete standard terms can be found in Schedule 1 of the Residential Tenancies Act here: Residential Tenancies Act 1997 (ACT)

 For more information about your rights and obligations as a tenant, please read the ACT Renting Book.

Information tenants must be given before the tenancy begins

Before signing a tenancy agreement, the landlord, or their agent, must give the tenant:

• a copy of the tenancy agreement, including the standard residential tenancy terms
• a copy of the ACT Renting Book, or details about how to find it online
• a copy of the Energy Efficiency Rating (EER) statement for the rental property, if there is one
• an asbestos assessment report of the property, or an asbestos advice for the property
• a statement about whether the rental property complies with the minimum standard for ceiling insulation
• a copy of the owner’s corporation rules, if the property is a unit.
• If the property is a unit, a unit title rental certificate for tenants entering a tenancy from 9 January 2025
• Provide information or disclosure about: safety information about any swimming pools or spas at the rental property; and information about electricity embedded networks or other services where a tenant may not be able to choose their service provider, if applicable.

When signing a tenancy agreement

When signing a tenancy agreement, be sure to check that the agreement includes:

• name of each tenant and landlord
• the name of the agent, if the landlord has an agent
• addresses for both the landlord and tenants, this is the address where landlords and tenants can send legal notices about the tenancy. This can be an email address.
• the date the tenancy agreement starts
• the amount of rent and how it is paid
• the amount of bond
• 100 standard terms
• any special terms (subject to your consent)
• If the agreement is for a fixed term, the end date of the agreement.

As a tenant, you should be given reasonable time to consider this information before you sign a tenancy agreement.

When Moving In

Once you have signed a tenancy agreement and are ready to move in:

1. You must pay the bond in Australian Dollars, and the landlord must lodge the bond to the ACT rental bond office within two (2) weeks of receiving the bond or commencing the tenancy. To learn more about bonds, visit the ACT Rental Bond Office.
2. Pay rent if you are asked to pay up to two (2) weeks rent in advance.
3. Receive a set of keys for each tenant on the tenancy agreement.
4. You should receive two copies of the condition report for you to note and make written comments on it within one (1) day of moving in.

Joining a Co-tenancy

The new co-tenancy arrangements allow for ‘co-tenants’ to be added and removed to a tenancy (usually with the consent of the other tenants and landlord).

To join a co-tenancy, an existing tenant must seek consent in writing from the other tenants and the landlord at least 14 days before you want to move in. If they don’t respond within 14 days, they are taken to have consented to you moving in. The existing tenancy agreement continues, with you joining on to the agreement.

Co-tenants can refuse consent for any reason. The landlord can only refuse if it is objectively reasonable. If the other co-tenants have consented, but the landlord has not, the existing co-tenant seeking consent can apply to ACAT for an order. You become a co-tenant and can move in from the day they make the application to ACAT. If ACAT decides against you, you will have to move out within 21 days.

If you don’t follow this process and move in, you will have no legal rights as a tenant and the landlord and other tenants can kick you out.

Bond

When you leave or join as a co-tenant, the bond remains with the ACT Revenue Office as the original tenancy agreement continues. The incoming, and existing co-tenants need to arrange the bond between themselves

When you join a co-tenancy, you need to pay your share of the bond within 14 days of moving in. The incoming and remaining tenants are responsible for notifying the ACT Revenue Office of the changes by completing a Co-tenant Change Form.

Do note, when you leave a co-tenancy, the remaining tenants must pay you your share of the bond within 14 days. They could arrange for the incoming co-tenant to pay you directly. However, they can deduct any money that you would be liable for (like damage or unpaid rent).

Condition Report and damage when entering a co-tenancy

As a tenant joining a co-tenancy, it is important you ask for a copy of the last inspection report and check the current condition of the premises. This is because you are assuming liability for any damage to the property or unpaid rent during the entire co-tenancy, even if it was before you moved in. If there are any damages from when the tenancy began, you would need to consider adjusting the bond amount payable and reaching an agreement with the continuing co-tenants. 

About Condition Reports

You should note anything down that is unclean, damaged, or not working on the condition report and take your own photographs or video of it, with a digital time and date stamp, if the condition does not match the report. This will protect you from being liable for things that are not cause by you.

As a tenant, you have two (2) weeks from the day you move in the property to check the report and make any comments if necessary and send the signed copy back to the landlord. If you do not sign and return the copy within two (2) weeks, you are taken to have agreed with the report prepared by the landlord or agent.

You should keep one copy of the condition report while the landlord keeps the other one.

Your rights and responsibilities as a tenant

As a tenant, you are entitled to the quiet and peaceful enjoyment of your home. Your landlord is therefore not allowed to enter your rental property without giving you adequate notice.

As a tenant, your obligations include:

• paying the rent on time.
• taking care of the property and keeping it reasonably clean
• telling the landlord of any damage to the property or required repairs
• seeking the landlord’s consent before making changes to the property
• not using the property for any illegal purpose
• not interfering with the neighbours’ quiet enjoyment of their homes
• telling the landlord if the property will be vacant for more than 3 weeks
• not letting new people move in without first seeking the landlord’s consent.

Landlord’s rights and responsibilities:

• Give tenants a receipt for rent payments, unless the rent is paid directly into a bank account.
• Keep rent records for at least 12 months after the end of the tenancy.
• conducting or inspecting repairs or ensuring the property meets minimum standards
• Not access your property on Sundays, public holidays, before 8 am and after 6 pm, unless the tenant agrees, or the landlord needs to make urgent repairs.
• A landlord may conduct an inspection during the first month and the final month of the tenancy, and twice in each 12-month period from when the tenancy begins. A landlord must give a tenant at least one week notice in writing before conducting any standard inspection.

Repairs and Maintenance

The landlord must provide a residence which is in a reasonable state of repair at the beginning of the tenancy and must maintain it in reasonable repair during the tenancy.

If you need something repaired, you should notify the landlord ASAP. If you do not notify the landlord and the problem worsens, you could be liable for part of the damage.

The landlord must have urgent repairs fixed as soon as necessary (usually 2-3 business days), having regard to the problem.

Urgent repairs include:

• Burst water service
• Blocked or broken toilet
• Gas leak
• Serious roof leak
• Dangerous electrical fault
• Flooding and serious storm or fire damage
• Failure of gas, electricity or water supply to the property
• Failure of fridge or laundry appliance supplied with property, or any service for hot water, cooking, heating or cooling
• Damage that is dangerous or hazardous
• Serious fault in door, staircase, lift or other common area that prevents access or use

The landlord must have non-urgent repairs fixed within 4 weeks of being notified. They must give the tenant one-week written notice before they access the property to:

• conduct non-urgent repairs
• inspect repairs
• undertake work to ensure the property meets minimum standards.

Your landlord doesn’t have to assist with repairs you would be reasonably expected to do yourself including replacing smoke alarm batteries, changing light bulbs, and standard upkeep of the garden. If you damage the premises, you may be liable for costs of repairs, however in most cases you are not responsible for damage you did not cause.

Safety

Smoke Alarms

A landlord is responsible for making sure smoke alarms are installed and working at the start of the tenancy.

A smoke alarm must be installed on each floor of the property, including in every corridor or hallway leading to a bedroom. If no corridor exists, a smoke alarm must be installed in any area that separates a bedroom from the rest of the property.

The tenant is responsible for checking the smoke alarm and replacing its battery as needed.

Changing the Locks

Either the landlord or the tenant may change the locks on the property, provided the other party agrees. The individual who changes the locks is responsible for the expense, unless both parties agree to split the cost. The person who changes the locks must provide the other party with a copy of the new key.

If the tenant is the protected person under a protection order, they have the right to change the locks without the landlord’s consent, at their own expense. They must provide the landlord with a copy of the new key, unless doing so would compromise their safety.

Rent Increase

Rent increases are limited to once per year in all circumstances.

In a single fixed-term or periodic tenancy, a landlord can only increase rent if it has been 12 months or more since the most recent of either:

• the beginning of the tenancy agreement
• the date notice was given about the last rent increase.

If a landlord and tenant enter consecutive tenancy agreements, the landlord can only increase the rent if it has been 12 months or more since the most recent of either:

• the beginning of the original tenancy agreement
• the date notice was given about the last rent increase.

You can use the rent increase calculator to find out if a proposed rent increase is allowed.

Subletting

You are not allowed to sublet or allow someone else, who is not on the lease unless you have written consent from the landlord, to live in the property. This does not apply to a child, partner, or short-term guest staying at the property who doesn’t pay rent.

Without written consent, any sub-tenancy is not legally valid, and the sub-tenant will have no legal rights to live in the property.

If a tenant (legally) sublets the property, they become the head-tenant, and the other person is considered the sub-tenant. The head-tenant must fulfill the rights and responsibilities of a landlord towards the sub-tenant.

Terminating a Tenancy  

If the tenant and landlord agree, a tenant may be able to end a fixed-term tenancy early without having to pay compensation. This can occur at any time, if they both agree.  

During a fixed term agreement 

Normally ending or terminating a residential tenancy agreement before its specified end date is a breach of the agreement. Such a breach can give rise to a right of compensation on the part of the landlord (and potentially co-tenants, if they also suffer harm). 

If a tenant wants to end their fixed-term tenancy early and the landlord does not agree, the tenant may need to pay compensation or a break lease fee. A break lease fee clause is mandatory for all fixed-term tenancies. This caps the fee the tenant must pay for ending the tenancy early and is between 4 to 6 weeks’ rent. 

There are certain reasons that a tenant can end a tenancy early without having to pay compensation. This includes where: 

• the landlord has breached the tenancy agreement 

• the tenant is experiencing significant hardship, but this will need to be decided by ACAT 

• the tenant is ending the tenancy because they are moving into aged care or social housing 

• in certain circumstances where the property is for sale 

• the property has been impacted by loose-fill asbestos. 

If you want to end the fixed term agreement exactly at the end date, you must send a notice of termination at least three weeks before that end date, terminating the agreement. 

During a periodic agreement 

You can end your periodic tenancy by giving 3 week’s written notice of your intention to vacate to the landlord. You don’t need to provide any reason.  

Terminating a Lease because of Domestic Violence 

Tenants who have experienced domestic and family violence can end their tenancy quickly and without having to pay a break-lease fee. To end a tenancy because of domestic or family violence, a tenant must give their landlord a family violence termination notice. 

The notice must be in writing and include: 

• the date the tenant intends to vacate the property, which can be the day they give the notice 

• one supporting document as evidence that the tenant has experienced domestic or family violence. 

Supporting documents can be: 

• a declaration by a competent person 

• a family violence order 

• a family law order. 

Tenants can use a family violence termination notice template to give notice. 

Tenants can give their notice and supporting document to their landlord by email, post or in person. 

Leaving a co-tenancy 

If you are on the lease with other tenants, you are a co-tenant.  

Leaving a co-tenancy during a fixed-term tenancy 

You must get consent to leave your lease in writing from your landlord and all other co-tenants at least 21 days before you want to move out. If they don’t reply within 21 days, they are taken to have consented to you leaving. If you follow this procedure and gain consent, you can leave your lease agreement, and the co-tenancy will continue for the remaining tenants. 

During a fixed term agreement, the co-tenants or the landlord can refuse your request for any reason. If they refuse, you can apply to the ACT Civil and Administrative Tribunal (ACAT) for an order allowing you to leave the agreement. 

If you leave without agreement or an ACAT order, their responsibilities under the tenancy agreement continue until the tenancy ends. 

Leaving a co-tenancy during a periodic tenancy  

In periodic tenancies, you do not need the consent of the landlord or other co-tenants to leave the tenancy. However, you must still provide 21 days written notice before the date you plan to vacate. Co-tenants and landlords can only refuse consent if it is reasonable, and they get an order from ACAT. They must apply to ACAT within 21 days of you notifying them you want to leave. 

When a landlord can end a tenancy  

If a landlord wants to end a tenancy, they must give a reason recognised under the law. For example, landlords cannot end a tenancy because they want to increase the rent, and the tenant does not agree. 

A landlord can end a fixed-term tenancy early if:  

• the tenant has breached the terms of the tenancy agreement, for example, by not paying rent 

• ACAT makes an order allowing them to end the tenancy, for example because of hardship 

• the landlord uses the posting termination clause, if the posting clause is included in the tenancy agreement. 

A landlord can end a periodic tenancy for the same reasons as they can end a fixed-term tenancy. They can also end a periodic tenancy if: 

• the landlord is going to sell the property 

• the landlord intends to rebuild, renovate or make major repairs to the property 

• the landlord requires the premises for a lawful use other than as a home 

• the landlord intends to live in the property 

• someone with a close relationship with the landlord, such as an immediate family member, intends to live in the property. 

Some other grounds may also apply. To read more about a landlord’s right to terminate a tenancy visit here. 

Leaving the Property  

Final inspection

A landlord and tenant must carry out a final inspection together. During this inspection, the landlord will check if the property is in the same condition of cleanliness and repair as it was in the beginning of the tenancy, with some fair wear and tear as an exception.   

During this time, it is good to keep in handy the first condition report you have signed at the start of the tenancy and make comparisons to the state of the property in the final inspection.  

Fair wear and tear are considered the normal deterioration of property form ordinary everyday use. For example: 

	Fair wear and tear	Damage
Wood floors	Minor scuff marks, minor sun fading and scuffed wooden floors	Black shoe scruffs and deep scratches on hardwood floor
Carpet	Furniture indentations and traffic marks on the carpet	Stains, rips on carpets
Walls	Faded or cracked paint	Nail holes or other holes in walls, poor or unapproved paint job
Windows and doors	Lose hinges or handles on doors or windows and worn sliding tracks	Ripped or torn fly screen
Kitchen	Normal wear on kitchen benchtop	Burn marks or chips on countertops

If the tenant is found responsible for damages to the property, you may be responsible for either fixing the damages or paying the cost to have the damaged fixed. Any agreement about fixing damage to the property should be recorded in writing. You should also request for a copy of the invoice or quotes given to you about repairs.  

If you do not fix or pay for the cost of the damages you are found liable for, the landlord may deduct the amount from your bond.  

Bond 

When the tenancy ends (or you leave a co-tenancy), you or your landlord needs to make an application to the ACT Revenue Office to release the bond. Usually, a bond release form has the signature of both the landlord and the tenants and is released by agreement. The landlord cannot force you to sign the bond over to them. It is important not to sign if you disagree with the proposed allocation of bond. 

It is also possible for one party to lodge the bond form without the signature of the other party. In that case, the ACT Revenue Office will send a copy of the application to the other party. If they do not respond within 14 days of the claim, it is taken that consent is granted. However, if a party disputes the claim, the dispute will automatically be referred to ACAT.  

Read more about what happens when a dispute is referred to ACAT. 

A landlord can claim deductions from the bond for: 

• damage to the property caused by the tenant 

• replacing keys or changing locks if the tenant fails to return all sets of keys 

• any rent owing. 

For more details see request for a bond refund form the ACT Revenue Office. 

GENERAL 

Resource	Webpage
ACT Government Information and assistance on Renting	https://www.act.gov.au/housing-planning-and-property/renting
ACT Rental Handbook	ACT Rental Handbook (May 2024)
Residential Tenancies Act 1997 (ACT)	https://classic.austlii.edu.au/au/legis/act/consol_act/rta 1997207/
100 Standard Tenancy Terms	Webpage version of Schedule 1   PDF version of Schedule 1 (Updated on 10 Dec 2024)  Schedule 2- Additional Terms (Updated on 10 Dec 2024)
Rent Increase Calculator	https://www.justice.act.gov.au/rent-increase-calculator

ASSISTANCE 

Resource	Webpage
Rental Bond Help	https://www.act.gov.au/housing-planning-and-property/housing/help-to-pay-your-rental-bond
Rent Relief	https://www.act.gov.au/housing-planning-and-property/renting/rent-relief
Free Home Energy Checks	https://www.climatechoices.act.gov.au/policy-programs/renters-home-energy-program

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL (ACAT) 

Resource	Webpage
Fees and forms	https://www.acat.act.gov.au/fees-and-forms
Rental Property Disputes	https://www.acat.act.gov.au/case-types/rental-disputes
Rental Bond Disputes	https://www.acat.act.gov.au/case-types/rental-disputes/rental-bond-disputes
Co-tenancy disputes	https://www.acat.act.gov.au/case-types/rental-disputes/co-tenancies

LEGAL ASSISTANCE 

Resource	Webpage
Legal Aid Tenancy Advice Service	Phone: 1300 402 512  Address: 2 Allsop St, Canberra ACT 2601  Email: TAS@legalaidact.org.au   Chat: https://tawk.to/tasact