Advice about Tenancies

In the ACT, there are standard residential tenancy terms. These are 100 terms which apply in every residential tenancy in Canberra.

Some of the standard terms include:

• 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 here.

The standard terms are the basic rules that form the agreement. Additional terms that are ‘consistent’ with the standard terms can be added, but only with your agreement. Examples of consistent terms include a ‘break lease’ clause, a term that prohibits smoking inside, and a term that requires the landlord to pay for a gardener every quarter.

Additional terms that are ‘inconsistent’ with the standard terms can only be included if you and the landlord agree and the term is endorsed by the ACT Civil & Administrative Tribunal.

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

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.

[The legal information on this page was last reviewed on: 6 January 2022]

There are two kinds of residential tenancies in the ACT: fixed term or periodic. A fixed term agreement has a defined end date and often will last for six or twelve months.

A periodic agreement has no end date and continues until it is terminated (ended) by either you (the tenant) or the landlord sending a written notice of termination.

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.

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. Getting out of a periodic agreement is a lot easier.

From 3 March 2021, new rules have been introduced about leaving or joining a co-tenancy (where there is more than one tenant). This applies to share-houses and all tenancy agreements, including fixed term tenancies signed before 3 March 2021 that will be affected by these changes.

During a Fixed Term Agreement

Normally ending or “terminating” a residential tenancy agreement before its specified end date results in 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).

The Residential Tenancy Act says the lessor (landlord) can claim up to 26 weeks rent including advertising expenses if you breach a fixed term agreement by ending it early. If there is a “break lease clause” in your agreement, meaning a clause that kicks if you move out before the end date, the compensation is capped at 4-6 weeks rent.

There are some situations where you might not have to pay compensation including if you are experiencing significant hardship, the landlord is acting unreasonably and in “breach” of the agreement (see below), or there are threats of damage or injury. If you think this may apply to you, please book in for legal advice.

If the you want to end the fixed term agreement exactly at the end date, you would 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 (but see below for co-tenancies).

Leaving a co-tenancy requires extra steps.

If you are on the lease with other tenants, you are a co-tenant. If you live with other co-tenants, you must ask for consent in writing from both the landlord and the other co-tenants at least 21 days before you want to move out. See the share-housing section for more information.

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

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.

[The legal information on this page was last reviewed on: 6 January 2022]

The landlord can’t try to get you to move out for exercising your rights as a tenant (eg. taking legal action, complaining to a government entity, getting legal advice). They can terminate the lease for other reasons, by issuing a “notice to vacate” in certain where the law allows. However, they need to give you enough time. Currently potential reforms are being debated that would further restrict landlord rights to terminate.

In fixed term agreements, the landlord can terminate your agreement if:

• You have gone against (breached) the agreement and not rectified the issue (by giving 2 weeks written notice);
• Your fixed term agreement is coming to an end (by giving 26 weeks written notice); or
• If the landlord is experiencing significant hardship (they need to apply to the ACT Civil and Administrative Tribunal (ACAT) for permission)

For periodic agreements, the landlord can end the tenancy:

• If they or their relative wants to reside in the property (8 weeks notice)
• If they want to sell the property (8 weeks notice)
• If they want to rebuild, renovate or make repairs to the property (12 weeks notice)
• For no reason (26 weeks notice)

If your landlord is trying to terminate your lease and/or has given you a “notice to vacate”, you are welcome to book in for legal advice.

A notice to vacate does not mean the landlord can show up and throw you out. The landlord must obtain and termination and possession order from the ACT Civil and Administrative Tribunal before they can ask the police to remove you (evict you) from the premises (see below).

I can’t pay my rent. Can the landlord kick me out?

The landlord can kick you out for not paying rent, but only if they follow a particular process.

They must first give you a “notice to remedy” if your rent is unpaid for 1 week, formally asking you to pay the rent. If you pay the outstanding rent within 7 days, the landlord cannot take any further action.

If you don’t pay, the landlord can give you a “notice to vacate” your lease, telling you to move out within 2 weeks. If you have already gotten 2 “notices to remedy” before, the third time you don’t pay rent, the landlord can issue a ‘notice to vacate’ straightaway.

The landlord can ask that part of your bond be used to pay unpaid rent or get you to pay compensation. However, you can’t hold back rent because there is a bond.

If you don’t move out in accordance with a “notice to vacate”, the landlord can apply to ACAT for a “Termination and Possession Order” and ACAT can issue a warrant to forcibly evict you. ACAT will only take these steps after a hearing where you can argue against the landlord’s application.

If a landlord does not have an eviction order it is illegal for them to attempt to enter the tenancy to remove a tenant.

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

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.

[The legal information on this page was last reviewed on: 6 January 2022]

The landlord is only allowed to charge a maximum of 4 weeks rent for the bond. Either the landlord (or you if you agree) must deposit the bond with the ACT Revenue Office within 2 weeks of receiving the bond. You should be sent a receipt of lodgement by the landlord.

How can I get my bond back?

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. In that case the ACT Revenue Office will send a copy of the application to the other party.
 

My landlord is trying to claim part of my bond

At the end of the tenancy the landlord might want part of the bond paid to them. The landlord can only make deductions from the bond for

• Damage caused by you (other than fair wear and tear)
• Replaying keys of locks if you fail to return the keys
• Any rent owing
• Any fuel supplied to the property during the tenancy

If the landlord wants to claim part of your bond, they should give you an application form within 10 working days which details the amount they are claiming. Do not sign the application if you don’t agree with the claim. Your landlord can send the bond form to the ACT Revenue Office without your signature (the tenants can do the same). The Office will notify you and you will need to respond, disagreeing with the claim, within 14 days. If you don’t respond the bond will be paid out as requested by the landlord. If you dispute the form, the question of who gets the bond will automatically go to the ACT Civil and Administrative Tribunal. It’s important to ensure your address information is up to date with the ACT Revenue Office (e.g. as soon as you leave the tenancy) so that you don’t miss any notices. See the ACAT section below for more information.

For information on how bond works in a co-tenancy, please see the share-housing section.

If you are having difficulties getting your bond back, book in for legal advice.

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

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.

[The legal information on this page was last reviewed on: 6 January 2022]

The landlord has to 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 to 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, having regard to the problem.

Urgent repairs include:

• Burst water service
• Blocked or broken toilet
• Gas leak
• Serious roof leak
• Dangerous electrical fault
• Flooding
• 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.

If your landlord does not repair the property within the 4 week time frame, you can informally negotiate a rent reduction for the periods outside the 4 week time frame where the landlord has failed to repair the property. If that method fails, you can also make an application to ACAT where ACAT must order a reduction in the rental rate payable under a residential tenancy agreement if it considers that the tenant’s use or enjoyment of the premises has diminished significantly, pursuant to section 71 of the Residential Tenancies Act 1997.

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.

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

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.

[The legal information on this page was last reviewed on: 6 January 2022]

Your rights and obligations can change based on your share-housing arrangement.

If you are on the lease with other tenants, you are a co-tenant or joint tenant. This means if one co-tenant “breaches” the agreement, you are also liable to the landlord and can be held accountable for the conduct of your housemates.

Alternatively, you may be a sub-tenant if you are renting a room from one of the tenants on the lease. As a sub-tenant you have no legal relationship with the landlord, which means you are not responsible for your housemates’ conduct. You should make sure the landlord has consented in writing to you as a sub-tenant, otherwise they can kick you out if you don’t have their permission to be in the premises.

How can I leave a co-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.

You can also move out anyway but you will still be required to pay rent and will still be bound by the agreement.

In periodic tenancies, co-tenants and landlords can refuse consent only if it is reasonable and they get an order from ACAT. They have to apply to ACAT within 21 days of you notifying them you want to leave.

If ACAT grants the order or the other parties challenge you leaving the co-tenancy, you can still move out by providing a “notice of intention to vacate” with 21 days’ notice. This would bring the entire tenancy agreement to an end (i.e. end it for all the parties).

How should I join a co-tenancy?

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.

How does a bond work in a co-tenancy?

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.

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).

The incoming and remaining tenants are responsible for notifying the ACT Revenue Office of the changes by completing a ‘co-tenant change form’ which can be accessed here

Responsibility for damage before you enter 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 has predated when you moved in. If there is any damage from when the tenancy began it would be an issue in terms of adjusting the bond and also reaching agreement with the continuing co-tenants.   

From 3 March 2021 onwards, you can apply to ACAT to resolve issues between co-tenants, as long as it is related to your tenancy agreement (eg. bond arrangements).

For more information about your rights and obligations as a tenant, please read the ACT Renting Book. You can also access share-housing information sheets here.

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.

[The legal information on this page was last reviewed on: 6 January 2022]

If your landlord is acting unreasonably, it could mean they are in “breach” of your lease agreement.

Some example of breaches are:

• Not carrying out repairs
• Frequently attending the property without notice or your consent
• Interfering in other ways with your residence and peace and quiet (e.g. ongoing harassment) quiet enjoyment of the property
• Refusing requests of appropriate or necessary modifications to the property

If you experience these kinds of problems and can’t resolve the issue with your landlord, you can apply to the ACT Civil and Administrative Tribunal (ACAT) for an “order” to reduce your rent or for compensation.

For a reduction in rent, you will need to show ACAT that your use or enjoyment of the property has diminished due to one of the following reasons.

• lack of repair
• loss of a service or facility
• lack of maintenance of security devices or locks
• loss of use of part of the property
• substantial interference with quiet enjoyment of the property

You can also give the landlord a formal written notice telling them to fix the breach within two weeks. If they don’t fix the breach, you can sometimes validly terminate your rental agreement if you choose to.  Note that they can challenge your termination in ACAT. It’s important to obtain legal advice if you’re thinking about issuing a termination on this ground.

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

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.

[The legal information on this page was last reviewed on: 6 January 2022]

ACAT is an independent body that seeks to resolve issues in a quick, inexpensive and informal way. Issues relating to rental agreements can be taken to ACAT for review. ACAT can resolve disputes between landlords and tenants. It can also resolve issues between co-tenants. Often, ACAT will attempt to resolve disputes through mediation first, before taking the matter to a hearing. Mediation is essentially a structured conversation between you and the other people involved in a dispute that is facilitated by an objective third party (a registrar at ACAT, who is a legal practitioner).

Applying to ACAT involves a fee (around $75), but in some cases it can be waived due to financial hardship.

Legal representation is not necessary as ACAT is not a formal court. However, it is important to seek legal advice before going to ACAT.

Taking your dispute to ACAT does not ensure that it will make an order in your favour. It is always a good idea to try to resolve a dispute without legal action if it is possible to achieve a fair outcome that way.

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

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.

[The legal information on this page was last reviewed on: 6 January 2022]

Occupancy agreements are not residential tenancies and the standard residential terms don’t apply. There are not many rules governing what terms can be in an occupancy agreement, particularly around termination of the occupancy. As such, the terms in the contract you sign are the terms that will govern your occupancy.

From 3 March 2021, mandatory occupancy principles were introduced that apply to occupancy agreements. 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.

Important Note: The occupancy principles currently do not apply to students living on campus at university. However, most principles will come into effect for universities from 30 January 2022. You can view the university specific changes here. You may be required to attempt to resolve any dispute with the Hall/Unilodge via the university’s dispute resolution procedures (so long this can be done within a reasonable timeframe) before being able to take occupancy disputes to the ACT Civil and Administrative Tribunal (ACAT).

If you have a dispute about an occupancy, you can also make a complaint to the ACT Human Rights Commission (including making a complaint about university provided accommodation from 30 January 2022). The Human Rights Commission can provide you with an independent forum to conciliate your dispute. This is in addition to your rights to make an application to the ACT Civil and Administrative Appeals Tribunal.

If you have an ongoing dispute regarding your university occupancy agreement that started before 30 January 2022, and is still ongoing, you may still be eligible to apply to the ACT Human Rights Commission, who may consider your dispute on a case by case basis.

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

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.

[The legal information on this page was last reviewed on: 6 January 2022]

The list of previously decided cases in the ACT Civil and Administrative Appeals Tribunal (ACAT) can be found here.