Australian Capital Territory

Residential Tenancies Act 1997
A1997-84

Republication No 77
Effective: 12 December 2023
Republication date: 12 December 2023
Last amendment made by A2023-57

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

About this republication
The republished law
This is a republication of the Residential Tenancies Act 1997 (including any amendment madeunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2023.
It also includes any commencement, amendment, repeal or expiry affecting this republished law
to 12 December 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):•

authorised republications to which the Legislation Act 2001 applies•

unauthorised republications.

The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made byan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). Thechanges are made if the Parliamentary Counsel considers they are desirable to bring the law intoline, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, thesymbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for anindividual and $810 for a corporation (see Legislation Act 2001, s 133).

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Australian Capital Territory

Residential Tenancies Act 1997

Contents
Page

Part 1
1
2
3
3A
4
4A

Part 1A
5
6
6AA
6A
6B
6C
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Preliminary
Name of Act
Dictionary
Notes
Offences against Act—application of Criminal Code etc
Application of Act
Objects of Act

2
2
2
3
3
3

Meaning of residential tenancy agreement
Who is a lessor?
Who is a tenant?
Who is a co-tenant?
What is a residential tenancy agreement?
Residential tenancy agreement if agreement written and says it isresidential tenancy agreement
Residential tenancy agreement if agreement part of employment
Residential Tenancies Act 1997
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5
5
5
5
6
6

contents 1

Contents
Page

6D
6E
7

Certain kinds of agreements not residential tenancy agreements
Certain people given right of occupation not tenants
When does residential tenancy agreement start?

Part 2

Residential tenancy agreements

7
7
8

Division 2.1
Terms of agreement
8
Terms included in residential tenancy agreements
9Inconsistent tenancy terms void
10
Endorsement of inconsistent tenancy terms by ACAT

9
11
11

Division 2.2
Precontractual obligations
10A
Meaning of publish—div 2.2
11Compliance
11A
Energy efficiency rating—advertising
11AA
Certain special conditions must be advertised
11AAA
Adaptable housing—advertising
11AB
Minimum housing standards—advertising and disclosure
11AC
Lessor or agent must advertise rental rate for premises
11AD
Lessor or agent must not solicit rent bidding
11B
Smoke alarms
12
Lessor’s obligations
13
Tenant’s obligations
14
Agent’s obligations

12
13
13
14
15
15
16
17
17
18
20
21

Division 2.3
Consideration
15
Rent or a bond only
16
Alternative to a bond—guarantee or indemnity
18
Holding deposits

21
23
23

Division 2.4
Lessor’s obligations on signing agreement
19
Copy of agreement to be given to tenant

24

Division 2.5
Minimum housing standards
19A
Minimum housing standards
19B
Lessor’s obligations about minimum housing standards
19C
Lessor must keep records about minimum housing standards

24
25
25

contents 2

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Contents
Page

Part 3

Bonds

Division 3.1
Payment of bonds
20
Maximum amount payable
21
Only 1 bond per residential tenancy agreement
22
Successive residential tenancy agreements

26
26
26

Division 3.2
Depositing bond23
Deposit of bond by lessor
24
Deposit of bond by tenant25
Notice about deposit
26
Acknowledgment of receipt of bond money
27
Payment of bond money into trust account28
Interest on amounts in trust account

27
28
28
29
29
29

Division 3.3
Condition of premises and deductions from bond29
Condition report—start of tenancy
30
Evidence of condition of premises
30A
Final inspection and condition report—end of tenancy
31
Deductions from bond

31
31
32
32

Division 3.4
Release of bond money
32
Definitions—div 3.4
33
Bond release application—general
34
Bond release application—lessor’s obligations
34A
Bond release application—joint application
34B
Bond release application—application by tenant
34C
Bond release application—application by lessor
34D
Bond release application before end of agreement
34E
Bond release application—ACAT order
34F
Bond release application—discrepancy in named tenant
35
Disputes about all or part of bond

33
33
34
35
35
36
37
38
39
39

Part 3A
35A
35B
35C
35D
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Co-tenancies
Co-tenant may leave residential tenancy agreement
Repayment of bond to leaving co-tenant
Becoming a co-tenant under existing residential tenancy agreement—
generally
Co-tenancy on application to ACAT
Residential Tenancies Act 1997

41
42
43
45

contents 3

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Contents
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35E
35F
35G

Part 4

Becoming a co-tenant under existing residential tenancy agreement—social housing dwelling and crisis accommodation
Payment of bond by new co-tenant
ACAT orders—co-tenancy matters

47
47
48

Termination of residential tenancy
agreements

Division 4.1
General36
Termination
37
Entry for eviction purposes
38
General duty to mitigate
39
Content of termination and possession orders

50
52
52
53

Division 4.2
Warrants for eviction
40
Content of warrant
41
Warrant—termination and possession order

53
54

Division 4.3
Termination initiated by tenant
43
Breach of standard residential tenancy terms
44
Significant hardship45
Damage, injury or intention to damage or injure
45A
Threats, harassment, intimidation or abuse by lessor etc
46
False or misleading statements
46AA
Termination of agreement for failure to comply with minimum housing
standards
46A
Termination of agreement for aged care or social housing needs
46B
Termination of fixed term agreements if premises for sale
Division 4.4
Termination initiated by lessor
47
No breach of standard residential tenancy terms
48
Certain breaches of standard residential tenancy terms
49
Failure to pay rent—termination and possession order
49A
Failure to pay rent—payment order
49B
Failure to comply with payment order
49C
Hearing of application—failure to comply with payment order50
Significant hardship
51
Damage, injury or intention to damage or injure
51A
Threats, harassment, intimidation or abuse by tenant

contents 4

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55
57
57
59
59
60
61
61
64
66
67
68
69
70
72
72

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52
53
54
55
55A
55B
56
57

False or misleading statements
Employer-provided accommodation
Purported co-tenancy, assignment or subletting
Repudiation without vacation
Affected residential premises
Eligible impacted property
Compensation to lessor
Retaliatory applications

74
75
76
77
77
78
79
79

Division 4.5
Defective termination notices
58
Lessor’s defective termination notice if tenant vacates
59
Lessor’s defective termination notice if tenant does not vacate
60
Tenant’s defective termination notice

80
81
82

Division 4.6
Abandonment of premises
61
Effect of abandonment
61A
Lessor may enter premises to confirm abandonment
62
Abandonment during fixed term
63
Abandonment during periodic agreement

82
83
83
84

Division 4.7
Miscellaneous
64
Successor in title to lessor
64AA
Termination—affected residential premises
64AB
Termination—eligible impacted property
64AC
No new residential tenancy agreements etc for affected residential
premises
64AD
Disallowing retaliatory notices to vacate

Part 5

Rental rate increases

64A
64B
64C
65
66
68
68A
69
70

Standard residential tenancy term—increase in rent
Limitation on rent increases
Tenant may apply for review
Waiver of notice requirements
Freezing rents
Guideline for orders
Orders
Effect of orders
Further increases

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Residential Tenancies Act 1997

85
86
86
87
87

89
89
90
90
91
91
92
92
93
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Contents
Page

71
71AAA

Reduction of existing rent
Rent reduction for lessor’s failure to comply with a minimum housing
standard

Part 5AA
71AA
71AB
71AC
71AD
71AE
71AF
71AG

Part 5A
71A
71B
71C
71CA
71CB
71D
71E
71EA
71EB
71EC
71ED
71EE
71EF
71EG
71EH
71EI
71EJ
71EK
71EL
71EM
71F

contents 6

93
94

Lessor’s consent in certain matters

Definitions—pt 5AA
Process for tenant seeking consent—modifications generally
Lessor to apply to ACAT for refusal—special modifications
Tenant may apply to ACAT for review of refusal—other modifications
Process for tenant seeking consent—animals
Lessor to apply to ACAT for refusal—animals
Limitation on lessor’s liability

96
97
98
98
100
100
101

Occupancy agreements
Who is a grantor?
Who is an occupant?
What is an occupancy agreement?
Certain types of agreements not occupancy agreements
Occupancy agreement—smoke alarms
When does an occupancy start and end?
Application of occupancy principles
Occupancy principles
Condition report
Payment of security deposit
Security deposit must be lodged with Territory
Deductions from security deposit
Receipts for certain payments
Occupancy rules, fees, charges and penalties
Occupant’s access to occupancy premises
Information about dispute resolution processes
Entry by grantor to occupancy premises
Termination of occupancy agreement
Warrant for eviction—vacant possession order
Occupancy agreement—abandonment of premises
Regulations about occupancy agreements

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102
102
105
105
106
107
107
110
110
112
113
113
114
115
116
116
118
119
120
120

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Part 5B

Residential parks

Division 5B.1
Definitions—pt 5B
71H
Definitions—pt 5B

121

Division 5B.2
Shared park facilities
71I
Access to shared park facilities

121

Division 5B.3
Assignment of interests
71J
Definitions—div 5B.3
71K
Assignment in residential park permitted with consent
71L
Consent to assignment
71M
Effect of assignment

122
122
122
123

Division 5B.4
Sale of manufactured homes and mobile homes
71N
Sale of home located on residential park site
71O
Home to be removed from park if no site agreement once sold

123
124

Part 6

Resolution of residential tenancy andoccupancy disputes

Division 6.1
Important concepts
72
Meaning of tenancy dispute
73
Meaning of occupancy dispute
74
Other options for dispute resolution

126
126
127

Division 6.2
Action by registrar
75
Assistance with inquiries about residential tenancy and occupancy
agreements

127

Division 6.3
76
77
78

Jurisdiction of ACAT—this Act, standard residential
tenancy terms and standard occupancy terms
Jurisdiction of ACAT under this Act etc
Saving of court jurisdiction
Extended jurisdiction of ACAT with agreement of parties

128
129
129

Division 6.4
Applications to ACAT79
Who may apply to ACAT?
80
Applications to ACAT by children—application of this Act etc

131
131

Division 6.5
Powers and decisions of ACAT81
ACAT to assist parties to tenancy and occupancy disputes
82
Disputes about agreements no longer in force

131
131

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Residential Tenancies Act 1997

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Contents
Page

83
84

Orders by ACAT
Notice of intention to vacate—award of compensation

132
134

Division 6.5A
Powers and decisions of ACAT—protection orders
85
Definitions—div 6.5A
85A
New tenancy agreement—family violence and protection orders
85B
Applications under s 85A—ACAT orders

135
136
137

Division 6.6
Enforcement of ACAT orders
86
Failure to comply with ACAT orders

139

Part 7
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101

Part 8
102
103
104
105
106

contents 8

Residential tenancy databases
Definitions—pt 7
Application—pt 7
Notice of usual use of database
Notice of listing if database used
Listing can be made only for certain breaches by certain people
Further restriction on listing
Ensuring quality of listing—lessor’s or agent’s obligation
Ensuring quality of listing—database operator’s obligation
Providing copy of personal information listed
Notifying relevant non-parties of tribunal order about listing
Keeping personal information listed
Application to ACAT about contravention
Application to ACAT about certain personal information listed inresidential tenancy database
Application to ACAT about proposed listing of personal information
Order for compensation

141
143
143
144
145
146
146
147
148
149
149
150
151
152
152

Registration of standard guarantee contract
for commercial guarantee
Meaning of commercial guarantee and standard guarantee contract
Application for registration of standard guarantee contract
Commissioner must decide application
Register of standard guarantee contracts
Relationship to Australian Consumer Law (ACT)Residential Tenancies Act 1997
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154
155
156
156

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Part 9
126
127
127A
128
131
132
133
134
136

Miscellaneous
Declared crisis accommodation provider
Death of co-tenant
Transfer of public housing under will
Purported co-tenancy, assignment or subletting
Proceedings by children
Enforcing agreements by or against children
Approved forms—Minister
Determination of fees
Regulation-making power

Part 19
163
163A
164

157
157
157
158
158
159
159
159
159

Transitional—Residential Tenancies
Legislation Amendment Act 2023
Notice to vacate served before commencement day continues in force 161
Fixed term agreement entered into before commencement day
161
Expiry—pt 19
162

Schedule 1

Standard residential tenancy terms

163

Schedule 2

Additional terms for certain residential
tenancy agreements

192

Dictionary

209

Endnotes
1
About the endnotes2
Abbreviation key
3
Legislation history
4
Amendment history
5
Earlier republications
6
Expired transitional or validating provisions

216
216
217
228
259
266

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Residential Tenancies Act 1997

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Australian Capital Territory

Residential Tenancies Act 1997

An Act relating to residential tenancies and occupancy agreements

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page 1

Part 1Preliminary

Section 1

Part 11Preliminary
Name of Act
This Act is the Residential Tenancies Act 1997.

2

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in thisAct, and includes references (signpost definitions) to other terms definedelsewhere.
For example, the signpost definition ‘energy efficiency ratingstatement—see the Construction Occupations (Licensing) Act 2004,s 123AC’ means that the term ‘energy efficiency rating statement’ isdefined in that section and the definition applies to this Act.

Note 2

3

A definition in the dictionary (including a signpost definition) applies tothe entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (seeLegislation Act, s 155 and s 156 (1)).

Notes
A note included in this Act is explanatory and is not part of this Act.
Note

page 2

See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

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Preliminary

Part 1
Section 3A

3A

Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.

4

Note 1

Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (seeCode, pt 2.1).
The chapter sets out the general principles of criminal responsibility(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).

Note 2

Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.

Application of Act
This Act does not apply in relation to—(a) accommodation provided by an approved provider under the
Aged Care Act 1997 (Cwlth); or(b) premises prescribed by regulation.

4A

Note 1

A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including a regulation (see Legislation
Act, s 104).

Note 2The Aged Care Act 1997 (Cwlth) is accessible at www.legislation.gov.au.

Objects of Act
In recognition of the importance of stable and secure housing forpeople in the ACT community, the main objects of this Act are to—(a) define the rights and obligations of tenants and lessors underresidential tenancy agreements; and(b) set out minimum contractual requirements for occupancy
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Part 1Preliminary

Section 4A(c) enable prospective tenants and occupants to make informed
choices; and(d) ensure that parties to residential tenancy agreements andoccupancy agreements can easily access suitable, low cost,
informal and timely ways to enforce their rights under thoseagreements; and(e) protect parties to residential tenancy agreements and occupancy
agreements from unfair practices; and(f) facilitate the availability of stable and secure housing in the
ACT.

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Meaning of residential tenancy agreement

Part 1A
Section 5

Part 1A
5

Meaning of residential tenancy
agreement

Who is a lessor?
(1) A person is a lessor if the person grants a right of occupation under aresidential tenancy agreement.
(2) Lessor includes a prospective lessor.

6

Who is a tenant?
(1) A person is a tenant if the person has a right of occupation under aresidential tenancy agreement.
(2) Tenant includes a prospective tenant.

6AA

Who is a co-tenant?
A person is a co-tenant under a residential tenancy agreement if theperson is 1 of 2 or more tenants under the agreement.
Note

6A

Section 35C sets out how a person can become a new co-tenant under anexisting residential tenancy agreement.

What is a residential tenancy agreement?
(1) An agreement is a residential tenancy agreement if—(a) under the agreement—(i) a person gives someone else (the tenant) a right to occupy
stated premises; and(ii) the premises are for the tenant to use as a home (whether
or not together with other people); and(iii) the right is given for value; and(b) the agreement is not an occupancy agreement under
section 71C.

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Part 1A

Meaning of residential tenancy agreement

Section 6B(2) The agreement may be—(a) express or implied; or(b) in writing, oral, or partly in writing and partly oral.
(3) The right to occupy may be—(a) exclusive or not exclusive; and(b) given with a right to use facilities, furniture or goods.
(4) This section is subject to the following sections:•section 6D (Certain kinds of agreements not residential tenancy
agreements)•
section 6E (Certain people given right of occupation not tenants).
6B

Residential tenancy agreement if agreement written andsays it is residential tenancy agreement
Despite section 6A (4), an agreement is a residential tenancy
agreement if it—(a) complies with section 6A (1) to (3); and(b) is in writing; and(c) expressly states that it is a residential tenancy agreement.

6C

Residential tenancy agreement if agreement part of
employment
Despite section 6A (4), an agreement mentioned in section 6A (1)to (3) is a residential tenancy agreement if the person who is given
the right to occupy the premises occupies the premises as the person’shome under the terms and conditions of the person’s employment.

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Meaning of residential tenancy agreement

Part 1A
Section 6D

6D

Certain kinds of agreements not residential tenancy
agreements(1) A residential tenancy agreement does not include an agreement—(a) arising under a mortgage entered into honestly in relation to thepremises; or(b) arising under a scheme if—(i) a group of adjacent premises is owned by a company; and(ii) the tenants who have rights to occupy the adjacentpremises are people who jointly have a controlling interestin the company; or(c) entered into honestly to provide a right to occupy the premises
for a holiday; or(d) prescribed by regulation.
(2) This section is subject to the following sections:•section 6B (Residential tenancy agreement if agreement written
and says it is residential tenancy agreement)•
section 6C (Residential tenancy agreement if agreement part of
employment).

6E

Certain people given right of occupation not tenants(1) A residential tenancy agreement does not include an agreement for
the right to occupy premises if the person given the right ofoccupation is—(a) a party to an agreement entered into honestly for the sale orpurchase of the premises; or(b) a person prescribed by regulation.

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Part 1A

Meaning of residential tenancy agreement

Section 7(2) This section is subject to the following sections:•section 6B (Residential tenancy agreement if agreement written
and says it is residential tenancy agreement)•
section 6C (Residential tenancy agreement if agreement part of
employment).
7

When does residential tenancy agreement start?
A residential tenancy agreement starts on the earliest of the following
days:(a) the day stated in the agreement;(b) the 1st day both parties have signed the agreement and received
a copy signed by the other;(c) the day the tenant takes possession of the premises;(d) the 1st day the lessor receives rent from the tenant.

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Residential tenancy agreements
Terms of agreement

Part 2Division 2.1
Section 8

Part 2

Residential tenancy agreements

Division 2.1

Terms of agreement

8

Terms included in residential tenancy agreements(1) A residential tenancy agreement for premises—(a) is taken to contain the standard residential tenancy terms set out
in schedule 1—(i) for a fixed term agreement—as in force on the day theparties enter into the agreement; or(ii) for a periodic agreement—as in force from time to time;and(b) is taken to contain the public housing termination clauses if thelessor is the housing commissioner; and(c) is taken to contain the temporary housing assistance termination
clauses if—(i) the lessor is the housing commissioner; and(ii) the tenant is receiving temporary housing assistance for thepremises; and(d) is taken to contain the community housing provider termination
clause if—(i) the lessor is a registered community housing provider; and(ii) the premises are owned by another person; and(iii) the registered community housing provider leases thepremises to the tenant under an agreement with the owner;
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Part 2Division 2.1

Residential tenancy agreements
Terms of agreement

Section 8(e) is taken to contain the subsidised accommodation clauses if—(i) either—(A) the lessor or an entity acting on the lessor’s behalf isa registered community housing provider; or(B) the lessor or the owner of the premises receives
government funding or assistance to provide thepremises to the tenant; and(ii) paragraphs (b) or (c) (ii) do not apply; and(f) is taken to contain the posting termination clause if the lessor
and tenant agree to the clause being included; and(g) is taken to contain the break lease fee clause if—(i) the agreement is a fixed term agreement; and(ii) the lessor and tenant agree to the clause being included;and(h) may contain any other term—(i) that is consistent with the standard residential tenancy
terms; or(ii) that is inconsistent with a standard residential tenancy term
if the term has been endorsed by the ACAT under
section 10.
Examples—par (e) (i) (B)123

affordable housing provided or managed by a community housing provider
accommodation provided in accordance with the National Rental
Affordability Scheme
specialist disability accommodation(2) Despite subsection (1) (a) (i), an amendment of this Act (other thanan amendment to the standard residential tenancy terms) that affects
the operation of the standard residential tenancy terms applies to a
fixed term agreement.
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Terms of agreement

Part 2Division 2.1
Section 9(3) To remove any doubt, subsection (1) (a) (ii) applies to a periodic
agreement that commences on the expiry of a fixed term agreement.
(4) In this section:
break lease fee clause means the clause in schedule 2, section 2.1.
community housing provider termination clause means the clause inschedule 2, section 2.3.
posting termination clause means the clause in schedule 2,section 2.2.
public housing termination clauses means the clauses in schedule 2,section 2.4.
subsidised accommodation clauses means the clauses in schedule 2,section 2.6.
temporary housing assistance termination clauses means theclauses in schedule 2, section 2.5.
9

Inconsistent tenancy terms void
(1) A term of a residential tenancy agreement is void if—(a) it is inconsistent with a standard residential tenancy term; and(b) it has not been endorsed by the ACAT under section 10.
(2) A term of a residential tenancy agreement is void if it is inconsistent
with this Act (other than a standard residential tenancy term).

10

Endorsement of inconsistent tenancy terms by ACAT
(1) The parties to a residential tenancy agreement may apply in writing
to the ACAT for endorsement of a term of the agreement (theinconsistent term) that is inconsistent with a standard residential
tenancy term.

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Precontractual obligations

Section 10A(2) If the parties apply for endorsement of the inconsistent term, theACAT must do 1 of the following:(a) endorse the inconsistent term;(b) substitute the equivalent standard residential tenancy term forthe inconsistent term.
(3) In making a decision under subsection (2), the ACAT must
consider—(a) the criteria determined under subsection (6); and(b) whether the inclusion of the inconsistent term in the residential
tenancy agreement was obtained by fraud or undue influence.
(4) The ACAT must not endorse a term that is inconsistent with this Act(other than a standard residential tenancy term).
(5) The ACAT must not endorse a term mentioned in section 15 (5) inrelation to a tenant unless satisfied that the tenant owes an amount to
the housing commissioner.
(6) The Minister may determine criteria for subsection (3) (a).
(7) A determination is a disallowable instrument.
Note

Division 2.2
10A

A disallowable instrument must be notified, and presented to theLegislative Assembly, under the Legislation Act.

Precontractual obligations

Meaning of publish—div 2.2
In this division:
publish means communicate or distribute information in a way or to
an extent that makes it available to, or likely to come to the notice of,the public or a section of the public.

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Precontractual obligations

Part 2Division 2.2
Section 11

11

Compliance(1) A lessor or tenant, or the agent of a lessor or tenant, must comply with
their obligations under this division before the residential tenancy
agreement commences.
(2) A person is taken to have complied with an obligation under thisdivision to provide certain information if that information is set out
in the residential tenancy agreement being signed by the tenant.

11A

Energy efficiency rating—advertising(1) A person commits an offence if—(a) the person publishes an advertisement for the lease of premises;
and(b) the advertisement does not contain—(i) if there is an existing energy efficiency rating of thehabitable part of the premises—a statement of the energy
efficiency rating; or(ii) if there is no existing energy efficiency rating statement for
the habitable part of the premises—a statement to that
effect.
Maximum penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
(3) A person commits an offence if—(a) the person publishes an advertisement for the lease of premises;
and(b) the advertisement includes a statement of the energy efficiency
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Part 2Division 2.2

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Precontractual obligations

Section 11AA(c) the statement is false or misleading.
Maximum penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
(5) Also, subsection (3) (c) does not apply if the statement is not false or
misleading in a material particular.
(6) An offence against this section is a strict liability offence.
11AA

Certain special conditions must be advertised
A person commits an offence if—(a) the person publishes an advertisement for the lease of residential
premises; and(b) the proposed residential tenancy agreement for the premises—(i) contains a term endorsed by the ACAT under section 10(Endorsement of inconsistent tenancy terms by ACAT); or(ii) requires the lessor’s consent to keep an animal on thepremises; and(c) the advertisement does not—(i) if paragraph (b) (i) applies—state that the term applies; and(ii) if paragraph (b) (ii) applies—(A) state that consent is required; and(B) if the lessor has prior approval from the ACAT under
section 71AF to impose a condition on consent—statethat a condition applies.
Maximum penalty: 5 penalty units.

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Residential tenancy agreements
Precontractual obligations

Part 2Division 2.2
Section 11AAA

11AAA

Adaptable housing—advertising(1) A person commits an offence if—(a) the person publishes an advertisement for the lease of premises;
and(b) the premises are an adaptable housing dwelling; and(c) the advertisement does not contain a statement that the premises
are an adaptable housing dwelling.
Maximum penalty: 5 penalty units.
(2) An offence against subsection (1) is a strict liability offence.
(3) In this section:
adaptable housing dwelling—see the Civil Law (Sale of Residential
Property) Act 2003, dictionary.
11AB

Minimum housing standards—advertising and disclosure(1) A person commits an offence if—(a) the person publishes an advertisement for the lease of residential
premises; and(b) the advertisement does not contain—(i) a statement about whether the premises comply with theminimum housing standards; or(ii) if the premises are exempt from complying with aminimum housing standard—a statement that the premises
are exempt.
Maximum penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note

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The defendant has an evidential burden in relation to the matters
mentioned in ss (2), (4) and (5) (see Criminal Code, s 58).

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Part 2Division 2.2

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Precontractual obligations

Section 11AC

(3) A person commits an offence if—(a) the person publishes an advertisement for the lease of residential
premises; and(b) the advertisement includes a statement about the premises
complying with the minimum housing standards; and(c) the statement is false or misleading.
Maximum penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
(5) Also, subsection (3) (c) does not apply if the statement is not false or
misleading in a material particular.
(6) An offence against this section is a strict liability offence.
11AC

Lessor or agent must advertise rental rate for premises(1) A person commits an offence if—(a) the person publishes an advertisement for the lease of residential
premises; and(b) the advertisement does not state the rental rate payable for thepremises.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
inclusion, in relation to premises, means property or a right orentitlement that relates to the premises.
Examples—optional extras

access to a basement car park, partial or full furnishing of the premises

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Precontractual obligations

Part 2Division 2.2
Section 11AD

rental rate—(a) means—(i) a single amount; or(ii) 2 or more single amounts if each single amount relates toan inclusion offered by a lessor and which a tenant may
accept to be included under the lease; but(b) does not include a range of amounts or a minimum or maximum
amount.
11AD

Lessor or agent must not solicit rent bidding(1) A person commits an offence if the person solicits or invites a tenant
to offer a rental rate for premises that is higher than the advertised
rental rate for the premises.
Maximum penalty: 20 penalty units.
(2) However, subsection (1) does not prevent a lessor from accepting anoffer from a tenant for a higher rental rate than the advertised rental
rate if the offer was made by the tenant without solicitation or
invitation from the lessor or another person.
(3) An offence against this section is a strict liability offence.

11B

Smoke alarms(1) A lessor must not enter into a residential tenancy agreement with atenant in relation to premises unless—(a) smoke alarms are installed at the premises; and(b) the smoke alarms, and the installation of the smoke alarms,
comply with the requirements prescribed by regulation.
Note

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Other requirements may apply in relation to the installation of smoke
alarms, for example, requirements under the Building Act 2004.

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Part 2Division 2.2

Residential tenancy agreements
Precontractual obligations

Section 12(2) A regulation made for subsection (1) may apply, adopt or incorporatea law or instrument as in force from time to time.
Lessor’s obligations

12(1) The lessor must give the tenant a copy of the proposed residential
tenancy agreement and, if they are not included in the copy of theagreement, the standard residential tenancy terms, and allow thetenant a reasonable time to consider the proposed agreement.
(2) A copy of a residential tenancy agreement provided under subsection(1) that contains a provision that is inconsistent with a standard
residential tenancy term must be annotated in a way that draws theattention of the tenant to the provision and the fact that it isinconsistent with a standard residential tenancy term.
(3) The lessor must provide the tenant with the following information:(a) the lessor’s full name;(b) an address for service on the lessor and at which the lessor canbe contacted by the tenant;(c) for the premises that are the subject of the proposed residential
tenancy agreement—(i) a copy of an energy efficiency rating statement (if any) forthe habitable part of the premises; or(ii) a copy of a fresh energy efficiency rating statement for thehabitable part of the premises if—(A) building work under the Building Act 2004, section 6
has been carried out on the premises that affects theenergy efficiency rating of the habitable part of thepremises; and(B) before the building work was carried out, an energy
efficiency rating statement had been prepared for thehabitable part of the premises;

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Precontractual obligations

Part 2Division 2.2
Section 12(d) if the premises are crisis accommodation provided by a declaredcrisis accommodation provider—a statement explaining that thelessor can terminate the agreement on 4 weeks notice if thelessor needs the premises to use as crisis accommodation forsomeone other than the tenant;(e) if there is an asbestos assessment report for the premises and thelessor can obtain a copy of the report after taking reasonable
steps—a copy of the report;(f) if there is no asbestos assessment report for the premises or thelessor cannot obtain the asbestos assessment report for thepremises after taking reasonable steps—an asbestos advice forthe premises;(g) a written statement that contains the following information:(i) if the premises are required to comply with a minimum
housing standard—(A) a statement about whether the premises comply; and(B) if the premises do not comply with the standard—thereason why the premises do not comply and the
proposed compliance date that the premises mustcomply with the standard;(ii) if the premises are exempt from complying with aminimum housing standard—the reason for the exemption;(h) if the tenant asks—a copy of any record required to be kept by
the lessor in accordance with section 19C (Lessor must keep
records about minimum housing standards);(i) if section 8 (1) (c) applies—a statement explaining that thelessor can terminate the agreement on 26 weeks notice if thetenant does not apply for ongoing housing assistance within
6 weeks after the start of the temporary housing assistance;

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Part 2Division 2.2

Residential tenancy agreements
Precontractual obligations

Section 13(j) if section 8 (1) (e) applies—a copy of any subsidised
accommodation eligibility requirements.
(4) In this section:asbestos advice means an advice notified under the Dangerous
Substances Act 2004, section 47M.
asbestos assessment report, for premises—see the Dangerous
Substances Act 2004, section 47K.
declared crisis accommodation provider means
accommodation provider declared under section 126.

acrisisproposed compliance date, in relation to premises that do not comply
with a minimum housing standard, means—(a) if a regulation prescribes a period in which the premises mustcomply—the end of the period; or(b) in any other case—1 month after the day the residential tenancy
agreement for the premises is entered into.
subsidised accommodation eligibility requirements, in relation topremises under a residential tenancy agreement, means any rule or
requirement against which—(a) the tenant’s eligibility to live in the premises will be assessable
during the tenancy; or(b) the lessor’s or owner’s eligibility to receive the government
funding or assistance in relation to the premises will beassessable during the tenancy.
13

Tenant’s obligations
The tenant must provide the lessor with the tenant’s full name.

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Residential tenancy agreements
Consideration

Part 2Division 2.3
Section 14

Agent’s obligations

14

The agent of a lessor or tenant must provide the tenant or lessor, as
the case requires, with the following information:(a) the agent’s full name;(b) the fact that they are the agent of the lessor or tenant;(c) if the agent is a company—the name of a company employee
who can be contacted in relation to the residential tenancy
agreement.

Division 2.3
15Consideration

Rent or a bond only
(1) In consideration for giving a tenant a right to occupy premises, alessor may only require or accept rent or a bond.
(2) A lessor must not require or accept any consideration for—(a) agreeing to enter into, extend or renew a residential tenancy
agreement; or(b) consenting to a co-tenant leaving a residential tenancy
agreement under section 35A; or(c) consenting to a person becoming a co-tenant under section 35C;or(d) agreeing to the assignment or transfer of a tenant’s rights andobligations under a residential tenancy agreement; or(e) consenting to a tenant entering into, extending or renewing a
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Part 2Division 2.3

Residential tenancy agreements
Consideration

Section 15(h) informing a tenant about the availability of premises foroccupation under a residential tenancy agreement.
(3) For subsection (1), a requirement that a tenant make alterations,improvements or repairs to the premises is taken to be consideration.
(4) In subsection (1), a reference to a bond—(a) includes a reference to a guarantee or an indemnity under
section 16; but(b) if the guarantee or indemnity is a commercial guarantee—only
includes a commercial guarantee that is consistent with aregistered standard guarantee contract.
(5) This Act does not prevent the housing commissioner from requiringa tenant to agree to pay an outstanding amount owed by the tenant to
the housing commissioner in relation to a previous tenancy inconsideration for giving the tenant a right to occupy premises if the
ACAT has, under section 10, endorsed the term of the residential
tenancy agreement requiring the payment.
(6) The inclusion in a residential tenancy agreement of a term requiring
payment of an outstanding amount owed by the tenant to the housingcommissioner does not prevent—(a) the commissioner and the tenant agreeing to the tenant repaying
the outstanding amount over a period of time longer than the
period set out in the term; or(b) the commissioner from taking action against the tenant inrelation to the outstanding amount.
(7) In this section:
registered standard guarantee contract means a standard guarantee
contract registered under section 104.

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Residential tenancy agreements
Consideration

Part 2Division 2.3
Section 16

16

Alternative to a bond—guarantee or indemnity(1) Subject to subsection (2), in addition to or in place of a bond, a lessor
may accept either a guarantee or an indemnity for the performance ofa tenant’s obligations under a residential tenancy agreement.
(2) A guarantee or an indemnity under subsection (1) is only enforceable
against the guarantor or indemnifier—(a) if it is in addition to a bond—to the extent of the difference
between the maximum amount that would have been payable by
the tenant as a bond and the amount that is payable by the tenant
as a bond; or(b) if it is in place of a bond—to the extent of the maximum amountthat would have been payable by the tenant as a bond.
(3) A term of a commercial guarantee, in relation to a residential tenancy
agreement, that is inconsistent with, or is in addition to, a registered
standard guarantee contract is void.
(4) If a regulation requires a commercial guarantee to include a term in
the contract, the guarantee is taken to include the term.
(5) If a regulation requires a matter to be excluded from a commercial
guarantee, the guarantee is void to the extent that it includes thematter.
(6) In this section:
registered standard guarantee contract means a standard guarantee
contract registered under section 104.

18

Holding deposits(1) A lessor must not require or accept a holding deposit.
(2) An agreement to pay a holding deposit is void, and any amount paid
under an agreement to pay a holding deposit is recoverable as a debt
owing by the person to whom the amount was paid to the person who
paid the amount.

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Part 2Division 2.4

Residential tenancy agreements
Lessor’s obligations on signing agreement

Section 19(3) In this section:
holding deposit means an amount paid or payable by a tenant to alessor in consideration for the lessor not entering into a residential
tenancy agreement with a third party in relation to premises pending
the tenant entering into a residential tenancy agreement with thelessor in relation to the premises.

Lessor’s obligations on signingagreement

Division 2.4
19

Copy of agreement to be given to tenant(1) After a residential tenancy agreement has been signed by both parties
to the agreement, the lessor must give the tenant a copy of the signed
agreement.
(2) A lessor is taken to have complied with subsection (1) only if thelessor gives the copy to the tenant within 3 weeks after the lessor
receives the agreement signed by the tenant.

Division 2.5
19A

Minimum housing standards

Minimum housing standards(1) A regulation may prescribe minimum standards for premises madeavailable for occupation under a residential tenancy agreement(the minimum housing standards), including in relation to thefollowing matters:(a) physical accessibility;(b) energy efficiency;(c) safety and security;(d) sanitation;(e) amenity.

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Residential tenancy agreements
Minimum housing standards

Part 2Division 2.5
Section 19B(2) A regulation made for subsection (1) may apply, adopt or incorporatea law or instrument as in force from time to time.
Note

The text of an applied, adopted or incorporated law or instrument,
whether applied as in force from time to time or at a particular time, istaken to be a notifiable instrument if the operation of the Legislation Act,s 47 (5) or (6) is not disapplied (see s 47 (7)).

Lessor’s obligations about minimum housing standards

19B(1) A lessor must ensure that premises made available for occupation
under a residential tenancy agreement comply with the minimum
housing standards applying to the premises not later than the
proposed compliance date mentioned in section 12 (4).
(2) If, after entering into a residential tenancy agreement, the lessor
becomes aware that the premises do not comply, or no longer comply,
with a minimum housing standard applying to the premises, the lessor
must ensure the premises comply with the standard as soon aspracticable after becoming aware of the noncompliance.
19C

Lessor must keep records about minimum housing
standards
A lessor must keep the following records for premises made available
for occupation under a residential tenancy agreement:(a) if the premises are required to comply with a minimum housing
standard—evidence that the premises comply;(b) if the premises are exempt from complying with a minimum
housing standard—evidence supporting the exemption;(c) any other record prescribed by regulation.

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Part 3
Division 3.1

Bonds
Payment of bonds

Section 20

Part 3

Bonds

Division 3.1

Payment of bonds

20

Maximum amount payable
A lessor may only require or accept as a bond an amount of not morethan the first 4 weeks of rent payable under the residential tenancy
agreement.

21

Only 1 bond per residential tenancy agreement
A lessor may only require or accept 1 bond in relation to a residential
tenancy agreement.

22

Successive residential tenancy agreementsIf—(a) a bond is being held in relation to a residential tenancy
agreement that terminates or is terminated (the first agreement);and(b) 1 or more of the tenants under the first agreement continue tooccupy the premises under a second successive residential
tenancy agreement (the second agreement);
the lessor must not require or accept a bond in relation to the second
agreement unless the bond in relation to the first agreement is the
subject of an application for release under division 3.4 (Release ofbond money).

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Bonds
Depositing bondPart 3
Division 3.2
Section 23

Division 3.2
23

Depositing bond

Deposit of bond by lessor(1) The tenant must pay the bond to the lessor.
(2) Subsection (1) does not apply if the lessor and tenant agree that thetenant will deposit the bond with the Territory.
(3) If the tenant pays the bond to the lessor and not to the lessor’s agent,
the lessor must, before the prescribed period ends, deposit with the
Territory—(a) the amount of the bond; and(b) a notice in accordance with section 25.
Maximum penalty: 20 penalty units.
(4) If the tenant pays the bond to the lessor’s agent, the agent must, before
the prescribed period ends, deposit with the Territory—(a) the amount of the bond; and(b) a notice in accordance with section 25.
Maximum penalty: 20 penalty units.
(5) An offence against this section is a strict liability offence.
(6) In this section:prescribed period means—(a) 2 weeks after the day the lessor receives the bond; or(b) if another period is prescribed by regulation—the prescribedperiod.

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Part 3
Division 3.2

Bonds
Depositing bond

Section 24

24

Deposit of bond by tenant(1) If the lessor and the tenant agree to the tenant depositing the bondwith the Territory—(a) the tenant must deposit with the Territory the amount of thebond; and(b) the tenant, or the lessor on the tenant’s behalf, must lodge a
notice in accordance with section 25.
(2) Unless the lessor and the tenant otherwise agree, the tenant is notentitled to possession of the premises until—(a) the tenant gives the lessor evidence that the bond has been
deposited; or(b) the Territory gives the lessor written notice that the bond has
been deposited.
Note

25

Under the Electronic Transactions Act 2001, s 8 (1), information required
to be in writing may be given electronically in certain circumstances.

Notice about deposit
A notice under section 23 (3) (b), section 24 (1) (b) or section 26 mustspecify—(a) the names of and addresses for service on the lessor and thetenant; and(b) the address of the premises that are the subject of the residential
tenancy agreement; and(c) the rent payable under the residential tenancy agreement; and(d) the amount of bond being deposited.
Notepage 28

If a form is approved under s 133 (Approved forms—Minister) for a
notice, the form must be used.

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Bonds
Depositing bondPart 3
Division 3.2
Section 26

26

Acknowledgment of receipt of bond money
If the Territory accepts an amount of bond, the Territory must—(a) if the tenant deposited the bond—give the tenant a receipt for
the amount; and(b) give the tenant and lessor a notice in accordance with section 25.
Note

27

Under the Electronic Transactions Act 2001, s 8 (1), information required
to be in writing under this section may be given electronically in certain
circumstances.

Payment of bond money into trust account(1) The Territory must pay all bond money received by it under this partto the credit of the trust account.
(2) Subject to any order of the ACAT, an amount paid to the credit of thetrust account in accordance with subsection (1) must be applied onlyin the payment of bond money in accordance with the following
sections:(a) 34A (3);(b) 34B (2);(c) 34C (2);(d) 34D (2) and (3);(e) 34E (2);(f) 35 (5).

28Interest on amounts in trust account(1) This section applies to interest from the investment of any amount
paid to the credit of the trust account under this part.

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Part 3
Division 3.2

Bonds
Depositing bond

Section 28(2) The director-general must pay the interest into the interest trust
account or the ACAT trust account.
Note

The ACT Civil and Administrative Tribunal Act 2008, s 115C sets out
how amounts paid into the ACAT trust account may be used.

(3) The director-general may transfer amounts from the interest trust
account to the ACAT trust account.
(4) Interest paid into the interest trust account may be applied for thefollowing purposes:(a) providing lessor and tenant information programs;(b) providing dispute resolution services for residential tenancy
disputes;(c) facilitating assistance in the provision of residential
accommodation, whether or not the accommodation is provided
under this Act;(d) researching issues of concern to lessors and tenants;(e) reimbursing the costs incurred by the commissioner ininstituting, defending or taking over proceedings in relation totenancy disputes;(f) reimbursing the Territory the cost of administering this Act.
(5) In this section:interest—see the Financial Management Act 1996, dictionary.
interest trust account means the trust bank account maintained by the
director-general of the administrative unit responsible foradministering this Act in accordance with the Financial Management
Act 1996, section 51.

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BondsCondition of premises and deductions from bondPart 3
Division 3.3
Section 29

Division 3.3
29

Condition of premises and deductions
from bondCondition report—start of tenancy(1) A lessor must, not later than the day after the tenant takes possessionof the premises, give the tenant 2 copies of a report about the state of
repair or general condition of the premises, and of any goods leased
with the premises, on the day the tenant is given the report.
(2) A report under subsection (1) must be signed by the lessor.
(3) The tenant must, within 2 weeks after receiving the copies of thereport mentioned in subsection (1), return 1 copy to the lessor,
either—(a) signed by the tenant; or(b) endorsed with a statement, signed by the tenant, indicating
whether the tenant agrees or disagrees with the whole of thereport or with specified parts of it.
(4) If the tenant returns the copy signed but without further endorsement,
the tenant is taken to have agreed with the whole of the report.
(5) To remove any doubt, a condition report for premises may, but neednot, contain a list of items at the premises, other than goods leased
with the premises.

30

Evidence of condition of premises(1) If section 29 (1) and (3) have been complied with, a statement in areport mentioned in section 29 about the state of repair or generalcondition of the premises, and of any goods leased with the premises,(other than a statement in relation to which the tenant, byendorsement, has indicated disagreement) is evidence of that state of
repair or general condition on the day the tenant was given the report.

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Condition of premises and deductions from bond

Section 30A(2) If only section 29 (1) has been complied with, a statement in a reportmentioned in section 29 about the state of repair or general conditionof the premises, and of any goods leased with the premises, isevidence of that state of repair or general condition on the day thetenant was given the report.
(3) If section 29 (1) has not been complied with, evidence by the tenant
about the state of repair or general condition of the premises, and ofany goods leased with the premises, is evidence of that state of repair
or general condition on the day the tenant took possession of thepremises.
30A

Final inspection and condition report—end of tenancy(1) A lessor must, together with the tenant, carry out an inspection of thepremises at the end of the residential tenancy agreement.
(2) The lessor must, together with the tenant, complete and sign a
condition report based on the inspection.
(3) However, a party may complete and sign the condition report in theabsence of the other party if the party has given the other party areasonable opportunity to be present when the report is completed andsigned.

31

Deductions from bondA lessor is entitled to deduct from the bond paid under the residential
tenancy agreement any of the following:(a) the reasonable cost of repairs to, or the restoration of, thepremises or goods leased with the premises as a result of damage(other than fair wear and tear) caused by the tenant;(b) the reasonable cost of securing the premises if the tenant fails toreturn the keys for the premises to the lessor at the end of thetenancy;

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Section 32(c) any rent owing and payable under the residential tenancy
agreement at the time the agreement terminates or is terminated;(d) the reasonable cost of replacing any fuel supplied to thepremises by the lessor at the commencement or during thecourse of the tenancy;
Examples—fuel

•

gas

•

oil

•

wood

(e) any reasonable amount (not greater than the costs incurred) forthe cost of legal fees incurred by the lessor in assigning ortransferring a tenant’s rights under a residential tenancy
agreement;(f) any amount expressed in a term of the agreement to be
deductible by the lessor from the bond, if the term is endorsedby the ACAT under section 10.

Division 3.4
32

Release of bond money

Definitions—div 3.4
In this division:bond release application, in relation to a residential tenancy
agreement, means an application to the Territory for payment out of
the trust account of the amount of the bond paid under the agreement.

33

Bond release application—general(1) A bond release application may be made after the termination of aresidential tenancy agreement by—(a) the tenant and lessor jointly, under section 34A (Bond releaseapplication—joint application); orR77
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Release of bond money

Section 34(b) the tenant, under section 34B (Bond release application—
application by tenant); or(c) the lessor, under section 34C (Bond release application—
application by lessor).
Note 1

If a form is approved under s 133 for this provision, the form must be
used.

Note 2A bond release application may be made before the termination of aresidential tenancy agreement in certain circumstances (see s 34D).

(2) The lessor or tenant may make more than 1 application in relation to
the agreement only with the director-general’s permission.
Bond release application—lessor’s obligations

34(1) If a residential tenancy agreement is terminated, the lessor must givethe tenant—(a) a bond release application form signed by the lessor; and(b) if the application includes a claim by the lessor for a deduction
from the bond—(i) a written statement of the reasons for the deduction; and(ii) if the reasons include a reason mentioned in section 31 (a)or (b) (Deductions from bond)—a written estimate of thecost of the repairs or restoration.
(2) The lessor must give the signed bond release application to thetenant—(a) if the application includes a claim for a deduction from the bondfor a reason mentioned in section 31 (a) or (b)—10 working
days after the day the residential tenancy agreement isterminated; and(b) in any other case—3 working days after the day the residential
tenancy agreement is terminated.

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Section 34A(3) If there are 1 or more co-tenants, the lessor’s obligation undersubsection (1) is satisfied if the lessor gives the bond releaseapplication form to 1 of the co-tenants.
34A

Bond release application—joint application(1) This section applies if—(a) a lessor gives the tenant a signed bond release application form
under section 34 (Bond release application—lessor’s
obligations) in relation to a residential tenancy agreement; and(b) the tenant or, if there are co-tenants, each co-tenant signs theform.
(2) The lessor or tenant may give the signed application to the Territory.
(3) On receiving the signed application, the Territory must pay out of thetrust account—(a) to the tenant or, if there are co-tenants, the co-tenants—theamount claimed as the bond in the application, less any amountclaimed by the lessor as a deduction from the bond; and(b) to the lessor—any amount claimed as a deduction.
(4) The amount paid out of the trust account must not exceed the amountof bond paid into the trust account in relation to the residential
tenancy agreement.

34B

Bond release application—application by tenant(1) A tenant may make a bond release application to the Territory if—(a) the tenant has not received a bond release application form fromthe lessor under section 34 (Bond release application—lessor’s
obligations); or(b) the tenant has received a bond release application form under
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Release of bond money

Section 34C(c) if there are co-tenants—(i) at least 1 of the co-tenants has received a bond releaseapplication form from the lessor under section 34; and(ii) the co-tenant making the application has signed the form;but(iii) at least 1 co-tenant has not signed the form.
(2) On receiving a bond release application from the tenant, the Territory
must—(a) give written notice of the application (a notice of application)
to the lessor and each co-tenant who has not signed theapplication (other than the applicant); and(b) if the Territory does not receive a notice disputing theapplication from a person mentioned in paragraph (a) within
2 weeks after the day the person was given the notice of
application—pay out of the trust account in accordance with theapplication the amount claimed as bond in the application.
(3) The amount paid out of the trust account must not exceed the amountof bond paid into the trust account in relation to the residential
tenancy agreement.
34C

Bond release application—application by lessor(1) A lessor may make a bond release application to the Territory—(a) if—(i) the lessor had given a tenant a bond release application
form under section 34 (Bond release application—lessor’s
obligations); and(ii) the tenant has not given the signed bond release application
to the Territory or lessor within 10 days or any longer
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Section 34D(b) if, despite taking reasonable steps to do so, the lessor has been
unable to give a bond release application form to a tenant under
section 34.
(2) On receiving a bond release application from the lessor, the Territory
must—(a) give written notice of the application (a notice of application)
to the tenant; and(b) if the Territory does not receive a notice disputing theapplication from the tenant within 2 weeks after the day thetenant was given the notice of application—pay out of the trust
account in accordance with the application the amount claimed
as bond in the application.
(3) The amount paid out of the trust account must not exceed the amountof bond paid into the trust account in relation to the residential
tenancy agreement.
34D

Bond release application before end of agreement(1) A bond release application may be made before the termination of aresidential tenancy agreement if it is—(a) made by the tenant and lessor jointly; or(b) made by the lessor for payment to the tenant, or by the tenant for
payment to the lessor, of the total amount of the bond paid under
the agreement; or(c) made by the lessor or tenant in accordance with an order of the
ACAT stating that money is to be paid from an amount of bond.

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Note 1

If a form is approved under s 133 for this provision, the form must be
used.

Note 2

Section 34E deals with applications mentioned in s (1) (c).

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Division 3.4

Bonds
Release of bond money

Section 34E(2) On receiving an application under subsection (1) (a), the Territory
must pay out of the trust account—(a) to the tenant—the amount claimed as the bond in theapplication, less any amount claimed by the lessor as adeduction from the bond; and(b) to the lessor—any amount claimed as a deduction;(3) On receiving an application under subsection (1) (b), the Territory
must pay out of the trust account the amount claimed as the bond to
the person mentioned in the application as the recipient.
(4) The amount paid out of the trust account under subsection (2) or (3)must not exceed the amount of bond paid into the trust account inrelation to the residential tenancy agreement.
34E

Bond release application—ACAT order(1) This section applies if a lessor or tenant makes a bond releaseapplication, to the Territory, in relation to a residential tenancy
agreement that is in accordance with an order of the ACAT stating anamount of money is to be paid from an amount of bond.
Note

If a form is approved under s 133 for this provision, the form must beused.

(2) On receiving the application, the Territory must—(a) give written notice of the application (a notice of application)
to the party to the agreement who did not make the application;and(b) pay out of the trust account an amount of bond in accordancewith the application.
(3) The amount paid out of the trust account must not exceed the amountof bond paid into the trust account in relation to the residential
tenancy agreement.

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Section 34F

34F

Bond release application—discrepancy in named tenant(1) This section applies if—(a) a lessor or tenant makes a bond release application to the
Territory in relation to a residential tenancy agreement; and(b) the name of a tenant in the bond release application does notmatch the name of the tenant that has been notified to the
Territory under—(i) section 23 (3) (b) (Deposit of bond by lessor); or(ii) section 24 (1) (b) (Deposit of bond by tenant); or(iii) section 35B (2) (b) (Repayment of bond to leaving
co-tenant); or(iv) section 35F (2) (b) (Payment of bond by new co-tenant).
(2) The Territory may refer the bond release application to the ACAT.
(3) If a bond release application is referred to the ACAT, the ACAT
must—(a) decide who is entitled to receive the released bond; and(b) make an order directing the Territory to release the bond inaccordance with the decision.

35

Disputes about all or part of bond
(1) This section applies if—(a) a tenant or lessor is given a notice (a notice of application) about
a bond release application under section 34B (2) (a) (Bondreleaseapplication—applicationbytenant)orsection 34C (2) (a) (Bond release application—application bylessor); andR77
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Release of bond money

Section 35(b) the tenant or lessor gives the Territory a written notice (a noticeof dispute) disputing the application within 2 weeks after the day
the notice of application is given to the tenant or lessor.
(2) The Territory must refer the application and notice of dispute to the
ACAT as a tenancy dispute.
(3) The referral of the application and notice of dispute is taken to be an
application to the ACAT about a tenancy dispute.
(4) However, the Territory need not refer the application and notice ofdispute to the ACAT if the application is in accordance with an orderof the ACAT stating that an amount is to be paid from an amount ofbond.
(5) If a notice of dispute relates to only part of an amount of bondclaimed, the Territory must, before referring the application andnotice of dispute to the ACAT, release the amount of the bond that is
not in dispute to the appropriate person.

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Section 35A

Part 3A
35A

Co-tenancies

Co-tenant may leave residential tenancy agreement(1) A co-tenant (the leaving co-tenant) may stop being a party to aresidential tenancy agreement only—(a) with the consent of the lessor and each remaining co-tenant
under the agreement; or(b) by order of the ACAT under section 35G (1) (a) or (d).
(2) For subsection (1) (a), the leaving co-tenant must seek the consent of
the lessor and each remaining co-tenant—(a) by notice in writing (the consent application); and(b) at least 21 days before the day the leaving co-tenant intends tostop being a party to the residential tenancy agreement (theproposed leaving day).
(3) The lessor and each remaining co-tenant—(a) if the proposed leaving day is during the term of a fixed term
agreement—may refuse consent whether or not it is reasonable
to do so; but(b) if the residential tenancy agreement is a periodic agreement on
the proposed leaving day—must not unreasonably refuse
consent.
(4) For subsection (1) (a), the lessor and a remaining co-tenant is taken
to consent if—(a) they do not respond to the leaving co-tenant within 21 days after
receiving the consent application; and(b) in the circumstances mentioned in subsection (3) (b)—they do
not apply to the ACAT, within 21 days after receiving theconsent application, for an order under section 35G (1) (b) or (2)to refuse consent.

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Section 35B(5) If consent is given to the leaving co-tenant stopping being a party toa residential tenancy agreement—(a) the agreement continues between the lessor and the remaining
co-tenants; and(b) the leaving co-tenant’s rights and obligations under theagreement end.
(6) For subsection (5), a co-tenant stops being a party to a residential
tenancy agreement on—(a) the proposed leaving day or any other day agreed between theparties; or(b) if the ACAT makes an order mentioned in subsection (1) (b)—the day stated in the order.
35B

Repayment of bond to leaving co-tenant(1) This section applies if—(a) a co-tenant (the leaving co-tenant) stops being a party to aresidential tenancy agreement—(i) under section 35A; or(ii) because of an ACAT order under section 35G (1) (a),(c) (ii) or (d); and(b) a bond is held in relation to the agreement; and(c) the leaving co-tenant paid some or all of the bond in relation to
the agreement; and(d) 1 or more of the remaining co-tenants continue to be a party to
the agreement.

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Section 35C(2) The remaining co-tenants must, not more than 14 days after the day
the leaving co-tenant stops being a party to the residential tenancy
agreement—(a) pay to the leaving co-tenant an amount equal to the bond paidby the leaving co-tenant under the agreement; and(b) notify the Territory that the leaving co-tenant has been paid
under paragraph (a).
(3) The remaining co-tenants may deduct from that amount—(a) any portion of rent unpaid by the leaving co-tenant; and(b) other reasonable costs in relation to the premises.
Example—reasonable costs

for damage caused to the premises by the leaving co-tenant(4) A leaving co-tenant is not entitled to payment of any other amount of
the bond under the residential tenancy agreement.
(5) Subsection (2) does not apply if the amount that may be deductedunder subsection (3) is more than the amount of the bond paid by theleaving co-tenant.
(6) A leaving co-tenant may apply to the ACAT for resolution of adispute in relation to subsection (2) or (3) as a tenancy dispute even
if the leaving co-tenant has stopped being a party to the residential
tenancy agreement.
Note

35C

The ACAT may make orders requiring the payment of an amount to aperson—see s 83 (1) (c).

Becoming a co-tenant under existing residential tenancy
agreement—generally(1) This section applies if—(a) a tenant under a residential tenancy agreement (an existing
tenant) wants another person (a new person) to become aco-tenant under the agreement; andR77
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Section 35C(b) the premises are not a social housing dwelling or crisis
accommodation.
(2) To remove any doubt, this section does not apply to the grant by anexisting tenant of a sub-tenancy or a bare licence to occupy thepremises.
Example—bare licence

Ollie is a tenant in a house under a residential tenancy agreement. Ollie’s brother,
Loki, is going overseas and needs a place to stay for 2 weeks. Ollie has said that
Loki could stay in the spare room until he goes.

(3) The new person may only become a co-tenant under the residential
tenancy agreement—(a) if the existing tenant obtains the consent of the lessor and anyother existing tenant; or(b) if the existing tenant makes an application to the ACAT under
section 35D.
(4) For subsection (3) (a), the existing tenant must seek the consent of thelessor and any other existing tenant—(a) by notice in writing (the consent application); and(b) at least 14 days before the day it is proposed the new person will
become a co-tenant under the residential tenancy agreement (theproposed joining day).
(5) The lessor must—(a) not unreasonably refuse consent; and(b) if the lessor refuses consent—tell the existing tenant and the new
person, in writing, the reason for refusing consent.
(6) For subsection (3) (a), the lessor and any other existing tenant are
taken to consent if they do not respond within 14 days after receiving
the consent application.

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Section 35D(7) If consent is given to the new person becoming a co-tenant under the
residential tenancy agreement—(a) the agreement continues with the new person becoming a
co-tenant with the existing tenants; and(b) the existing tenants must give the new person a copy of thecondition report for the premises not later than the day after they
become a co-tenant.
(8) For subsection (7), the new person becomes a co-tenant on the
proposed joining day or any other day agreed between the parties.
35D

Co-tenancy on application to ACAT
(1) This section applies if—(a) an existing tenant has made a consent application for a new
person to become a co-tenant under a residential tenancy
agreement; and(b) the lessor has refused consent under section 35C; and(c) no other existing tenant has refused consent under section 35C.
(2) The existing tenant may apply to the ACAT for a declaration under
section 35G (1) (c) (i) that the lessor’s refusal to consent was
unreasonable (a declaration application).
(3) If the existing tenant makes a declaration application—(a) the new person becomes a co-tenant under the residential
tenancy agreement on the day the application is made; and(b) the agreement continues with the new person becoming a
co-tenant with the existing tenants; andR77
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Section 35D(c) the existing tenants must give the new person a copy of thecondition report for the premises not later than the day after they
become a co-tenant.
Note

The ACAT may subsequently order that the new person stop being a
co-tenant under the residential tenancy agreement (see s 35G (1) (c) (ii)).

(4) The lessor may make an application to the ACAT for an order under
section 35G (1) (c) (ii) that the new person stop being a co-tenant
under the residential tenancy agreement if—(a) the existing tenant has made a declaration application; and(b) the declaration application is—(i) discontinued by the applicant; or(ii) otherwise not yet decided by the ACAT.
(5) If the ACAT makes an order mentioned in section 35G (1) (c) (ii)—(a) the new person—(i) stops being a party to the residential tenancy agreement on
the day the order is made; and(ii) must leave the premises the subject of the residential
tenancy agreement within 21 days after the order is made;and(b) the agreement continues between the lessor and the remaining
co-tenants; and(c) the new person’s rights and obligations under the agreement
end; and(d) section 35B applies to the new person as if the new person had
stopped being a party to the agreement under section 35A.

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Section 35E(6) In this section:consent application—see section 35C (4) (a).
existing tenant—see section 35C (1) (a).
new person—see section 35C (1) (a).
35E

Becoming a co-tenant under existing residential tenancy
agreement—social housing dwelling and crisis
accommodation(1) This section applies if the lessor and each tenant (the existing tenants)
under a residential tenancy agreement in relation to a social housing
dwelling or crisis accommodation consent to another person
becoming a co-tenant under the agreement.
(2) The residential tenancy agreement continues with the other person
becoming a co-tenant with the existing tenants.
(3) The existing tenants must give the other person a copy of thecondition report for the premises not later than the day after they
become a co-tenant.
(4) For subsections (2) and (3), a person becomes a co-tenant on the day
agreed between the parties.

35F

Payment of bond by new co-tenant(1) This section applies if—(a) a person (the new co-tenant) becomes a new co-tenant under aresidential tenancy agreement under section 35C, section 35Dor section 35E; and(b) a bond is held in relation to the agreement; and(c) 1 or more of the other co-tenants (the other co-tenants) continue
to be a tenant under the agreement.

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Section 35G(2) The new co-tenant must, not more than 14 days after the day they
become a co-tenant under the residential tenancy agreement—(a) pay to the other co-tenants the new co-tenant’s share of the bondunder the agreement; and(b) notify the Territory that the new co-tenant has paid their shareof the bond.
35G

ACAT orders—co-tenancy matters(1) On application by a co-tenant under a residential tenancy agreement,
the ACAT may—(a) if consent required under section 35A (1) (a) is refused—orderthat a co-tenant may stop being a party to the agreement under
section 35A; or(b) order that the co-tenant may refuse consent for a co-tenant tostop being a party to the agreement under section 35A; or(c) for an application made under section 35D—(i) declare that the lessor’s refusal to consent to the new
person becoming a co-tenant under the residential tenancy
agreement was unreasonable; or(ii) order that the new person stop being a party to theresidential tenancy agreement; or(d) order that—(i) a co-tenant must stop being a party to the agreement withina stated period (being a period not less than 3 weeks after
the order is made); and(ii) the agreement continues between the lessor and theremaining co-tenants; and(iii) the co-tenant’s rights and obligations under the agreement
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Section 35G(e) make any other order in relation to an order mentioned inparagraphs (a) to (d) that the ACAT considers appropriate.
Examples—par (e)12order for payment of a co-tenant’s share of utility costs
order for payment of reasonable costs for damage caused to premises by aco-tenant(2) On application by a lessor under a residential tenancy agreement, theACAT may order that the lessor may refuse consent for a co-tenant
to stop being a party to the agreement under section 35A (4) (b).
(3) In making an order under subsection (1) (c), the ACAT must consider
whether the lessor’s refusal to consent to the new person becoming a
co-tenant under the residential tenancy agreement is reasonable in thecircumstances, including having regard to the following:(a) whether the premises would become overcrowded if the new
person were to become a co-tenant under the residential tenancy
agreement;(b) whether the new person is included on a residential tenancy
database;(c) if the residential tenancy agreement is for a particular purpose—
whether the new person meets the requirements of, or is suitable
having regard to, the purpose of the residential tenancy
agreement;(d) if the residential tenancy agreement is an agreement mentioned
in section 6C—whether the new person will not be occupying
the premises under the terms and conditions of the person’s
employment.
(4) In this section:
existing tenant—see section 35C (1) (a).
new person—see section 35C (1) (a).

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Part 4
Division 4.1

Termination of residential tenancy agreements
GeneralSection 36

Part 4

Termination of residential
tenancy agreements

Division 4.1

General36

Termination(1) Despite anything to the contrary in any territory law, a residential
tenancy agreement must not terminate or be terminated other than in
the following circumstances:(a) if a fixed term agreement ends and the tenant vacates thepremises on or after the end of the agreement;(b) if a party serves a termination notice in accordance with thestandard residential tenancy terms and the tenant vacates thepremises in accordance with the notice;(c) if a tenant terminates an agreement under section 46A because
the tenant has accepted aged care or social housing
accommodation;(d) if the ACAT terminates an agreement under division 4.3,
division 4.4 or division 6.5A;(e) if the ACAT makes a termination and possession order in
relation to the premises that are the subject of the agreement
under division 4.4 , division 4.5, division 6.5 or division 6.5A;(f) if the tenant abandons the premises that are the subject of theagreement;(g) if a person takes action in accordance with section 64;(h) if the tenant and lessor agree in writing to terminate theagreement and the tenant vacates the premises in accordancewith the agreement to terminate;(i) if the tenant and the lessor are the same person;

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GeneralPart 4
Division 4.1
Section 36(j) if—(i) a party to the agreement repudiates the agreement; and(ii) the other party accepts the repudiation; and(iii) the tenant vacates the premises;(k) for crisis accommodation—if the lessor—(i) gives the tenant 4 weeks notice to terminate the agreement;and(ii) has given the tenant information about alternative
accommodation; and(iii) needs the premises to use as crisis accommodation forsomeone other than the tenant;(l) if a party to the agreement terminates the agreement under
section 64AA because the premises are affected residential
premises;
Note

Affected residential premises—see the dictionary.

(m) if a party to the agreement terminates the agreement under
section 64AB because the premises are an eligible impacted
property;
Note

Eligible impacted property—see the Civil Law (Sale of Residential
Property) Act 2003, s 9A (1).

(n) if the agreement contains a posting termination clause—a party
to the agreement terminates the agreement in accordance withthe clause.
(2) In this section:
posting termination clause means the clause in schedule 2,section 2.2.

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Termination of residential tenancy agreements
GeneralSection 37

37

Entry for eviction purposes(1) A person must not enter premises or any part of premises of which
someone else has prescribed possession for the purpose of recovering
possession of the premises or part except in accordance with a warrant
issued by the registrar, an order or a warrant of the ACAT or an orderor judgment of the Supreme Court.
(2) Subject to subsection (3), if a person enters premises in contraventionof subsection (1) (the offender), the ACAT must, on application,order the offender to pay to the person who had prescribed possessionof the premises the compensation that the ACAT considers
appropriate.
(3) In considering how much compensation is appropriate forsubsection (2), the ACAT must consider whether the lessor
reasonably believed that the premises had been abandoned by thetenant.
(4) If an offender mentioned in subsection (2) is not the lessor but isacting on behalf of a lessor with the lessor’s consent, the ACAT must
make any order for compensation that it would otherwise have madeagainst the offender against the lessor.
(5) For this section, the following possession is prescribed:(a) possession under a residential tenancy agreement;(b) possession as a former tenant continuing to reside in thepremises.
(6) This section is subject to section 61A (Lessor may enter premises toconfirm abandonment).

38

General duty to mitigate
A person who, apart from this section, would be entitled tocompensation under this Act is not entitled to the compensation, orpart of it, if the loss, or part of the loss, to be compensated could havebeen reasonably avoided.

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Division 4.2
Section 39

39

Content of termination and possession orders(1) If the ACAT makes a termination and possession order the order mustspecify the following:(a) the date the tenancy terminates;(b) that the tenant must vacate the premises on or before the date of
termination;(c) either that, should the tenant fail to vacate the premises as
specified—(i) the lessor may request the registrar to issue a warrant for
the eviction of the former tenant; or(ii) the termination and possession order has effect as if it werea warrant for eviction.
(2) If a termination and possession order specifies that it has effect as if
it were a warrant for eviction issued by the ACAT under division 4.2,
the order must comply with section 40.

Division 4.2
40

Warrants for eviction

Content of warrant(1) A warrant issued under this part must—(a) authorise any police officer to take appropriate action, with any
necessary and reasonable assistance, to evict a named person, ora named person and everyone else on the premises, within the
period stated in the warrant; and(b) require a police officer to give the named person not less than
2 days notice of the proposed eviction.
(2) Subsection (1) (b) does not apply if the registrar believes on
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Termination initiated by tenant

Section 41(b) it would be inappropriate to give the notice required bysubsection (1) (b).
(3) A regulation may prescribe what is, or is not, appropriate action to betaken under a warrant.
41

Warrant—termination and possession order
On application by a lessor, the registrar must issue a warrant for theeviction of a tenant if—(a) the ACAT has made a termination and possession order in
relation to the tenant; and(b) the tenant fails to vacate the premises in accordance with theorder.
Note

Division 4.3
43

The ACAT must also direct the registrar to issue a warrant for the evictionof a tenant if it makes a termination and possession order under s 49C.

Termination initiated by tenant

Breach of standard residential tenancy terms(1) On application by a tenant, the ACAT may terminate a residential
tenancy agreement if satisfied that—(a) the lessor has breached the standard residential tenancy terms;
and(b) the breach of the standard residential tenancy terms was not inaccordance with a term of the residential tenancy agreement
endorsed by the ACAT; and(c) the breach justifies the termination of the tenancy.
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Section 44(b) the ACAT is satisfied that—(i) the tenant would suffer significant hardship if theagreement were not terminated within 2 weeks after the
making of the decision to terminate; and(ii) that hardship would be greater than the hardship the lessor
would suffer if the tenancy were terminated within 2 weeks
after that day;the ACAT must order that the agreement be terminated at a specified
time within 2 weeks after the making of the decision to terminate thetenancy.
(3) If—(a) the ACAT decides to terminate a residential tenancy agreementin accordance with subsection (1); and(b) the ACAT is not satisfied in relation to the matters mentioned insubsection (2) (b);the ACAT must order that the agreement be terminated at a specified
time not less than 2 weeks after the making of the decision toterminate.
44

Significant hardship(1) On application by a tenant, the ACAT may terminate a fixed term
agreement in accordance with this section if satisfied that—(a) the tenant would suffer significant hardship were the agreement
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Termination of residential tenancy agreements
Termination initiated by tenant

Section 44(b) the level of hardship is such that it is appropriate and just to
terminate the agreement during its fixed term.
Example—significant hardship

Chris and Jamie share premises under a residential tenancy agreement. The
Magistrates Court makes an interim order under the Family Violence Act 2016 thatprohibits Chris (the respondent) from being on premises where Jamie (the protected
person) lives. Jamie wishes to end the residential tenancy agreement and leave thepremises. If the agreement were to continue, Jamie would suffer significant
hardship.

(2) If—(a) the ACAT decides to terminate a residential tenancy agreementin accordance with this section; and(b) the ACAT is satisfied that—(i) the tenant would suffer significant hardship if theagreement were not terminated within 8 weeks after the
making of the decision to terminate; and(ii) that hardship would be greater than the hardship the lessor
would suffer if the agreement were terminated within 8
weeks after that day;the ACAT must—(c) specify the day, less than 8 weeks after the making of thedecision to terminate, when the termination is to happen; and(d) give the lessor the notice of the proposed termination that isreasonable in the circumstances.
(3) If—(a) the ACAT decides to terminate a residential tenancy agreementin accordance with this section; andpage 56

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Section 45(b) the ACAT is not satisfied about the matters mentioned insubsection (2) (b);the ACAT must—(c) taking into consideration the need to comply with paragraph (d),specify the day, not less than 8 weeks after the making of thedecision to terminate, when the termination is to happen; and(d) give the lessor not less than 8 weeks notice of the proposed
termination.
45

Damage, injury or intention to damage or injure
On application by a tenant, the ACAT may terminate a residential
tenancy agreement effective immediately if satisfied that the lessor
has intentionally or recklessly caused or permitted, or is likely to socause or permit—(a) serious danger to the premises or to property of the tenant; or(b) injury to the tenant or a member of the tenant’s family.

45A

Threats, harassment, intimidation or abuse by lessor etc(1) This section applies if a tenant believes that the lessor has engaged inany of the following conduct against a tenant or related person:(a) conduct that is threatening, intimidating, harassing or abusive;(b) conduct that the tenant or related person is reasonably likely tofind threatening, intimidating, harassing or abusive.
(2) The tenant may apply to the ACAT for an order terminating theresidential tenancy agreement.
(3) The tenant must, not later than 7 days before making an application
under subsection (2), give the lessor written notice that includes thedetails of the conduct mentioned in subsection (1) that the tenantbelieves the lessor has engaged in.

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Termination of residential tenancy agreements
Termination initiated by tenant

Section 45A(4) On receiving an application under subsection (2), the registrar mustlist the hearing before the ACAT not earlier than 14 days after the day
the tenant gives the lessor notice in accordance with subsection (3).
(5) The ACAT may—(a) terminate a residential tenancy agreement if satisfied that—(i) the lessor has engaged in the conduct mentioned insubsection (1); and(ii) at least 14 days has passed since the tenant gave the lessor
notice in accordance with subsection (3); and(iii) it is appropriate to make the order; and(b) make any other order the ACAT considers appropriate.
(6) In deciding whether it is appropriate to terminate the agreement, theACAT must take the following into account:(a) the nature, frequency and duration of the conduct;(b) the circumstances of the conduct, including any behaviour of thetenant or related person;(c) whether the conduct is likely to continue;(d) whether the lessor has—(i) stopped the conduct; or(ii) agreed to stop the conduct and is reasonably likely to stop
the conduct in accordance with the agreement;(e) any family violence order or protection order made against thelessor by the Magistrates Court;

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Section 46(f) any order under a law of a State or a foreign country that has thesame effect, or substantially the same effect, as an ordermentioned in paragraph (e);NoteState includes the Northern Territory (see Legislation Act, dict,pt 1).

(g) the effect of the conduct on the tenant and any related person;(h) whether any other order under this Act is reasonably available;
Examplean order under s 83(i) any other matter the ACAT considers relevant.
(7) In this section:
lessor includes an agent or representative of the lessor.
related person means—(a) a person who lives at the premises; or(b) a family member of the tenant.
46

False or misleading statements
On application by a tenant, the ACAT may terminate a residential
tenancy agreement if satisfied that the agreement was induced by afalse or misleading statement of the lessor.

46AA

Termination of agreement for failure to comply withminimum housing standards(1) On application by a tenant, the ACAT may terminate a residential
tenancy agreement if satisfied that the lessor has failed to comply withsection 19B (Lessor’s obligations about minimum housing
standards).

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Termination of residential tenancy agreements
Termination initiated by tenant

Section 46A(2) However, the ACAT may refuse to terminate the agreement undersubsection (1) if the tenant has failed to provide the lessor withreasonable access in accordance with clause 82 of the standard
residential tenancy terms.
46A

Termination of agreement for aged care or social housing
needs(1) This section applies if a tenant under a residential tenancy agreement
accepts accommodation in—(a) a residential aged care facility; or(b) a social housing dwelling.
(2) The tenant may, by written notice to the lessor, terminate theagreement.
(3) The tenant must give the lessor at least 14 days notice of thetermination.
(4) The tenancy ends on the date stated in the notice.
Note

The tenant is not liable to pay compensation for the early termination of
the agreement (see s 84 (5)).

(5) In this section:
residential aged care facility means a residential facility that provides
residential care within the meaning of the Aged Care Act 1997
(Cwlth), section 41-3 (Meaning of residential care) to residents at thefacility.

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Division 4.4
Section 46B

46B

Termination of fixed term agreements if premises for sale(1) This section applies in relation to a tenant of premises that are thesubject of a fixed term agreement, if the lessor offers the premises forsale and—(a) the sale offer is made within 6 months after the start of theagreement and the lessor did not disclose the intended sale
before entering into the agreement; or(b) the lessor requires the tenant to permit access to the premises toallow inspections by a prospective buyer (a buyer inspection
request) and—(i) the lessor makes more than 1 buyer inspection request; and(ii) a subsequent buyer inspection request is made more than
8 weeks after the day the lessor made the first buyer
inspection request.
(2) The tenant may, by written notice to the lessor, terminate theagreement.
(3) The tenant must give the lessor at least 14 days notice of thetermination.
(4) The tenancy ends on the date stated in the notice.
Note

Division 4.4
47

The tenant is not liable to pay compensation for the early termination of
the agreement (see s 84 (5)).

Termination initiated by lessor

No breach of standard residential tenancy terms(1) On application by a lessor, the ACAT may make a termination andpossession order if satisfied that—(a) a ground for termination exists under the standard residential
tenancy terms (other than for a breach of the standard residential
tenancy terms); andR77
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Termination of residential tenancy agreements
Termination initiated by lessor

Section 47(b) the lessor has served a termination notice on the tenant based onthat ground; and(c) the tenant has not vacated the premises as required by thetermination notice; and(d) if the application relates to a termination notice served by thelessor in accordance with a community housing provider
termination clause, public housing termination clause,
subsidised accommodation clause or temporary housing
assistance termination clause—the termination is reasonable
and proportionate.
(2) If the ACAT makes a termination and possession order undersubsection (1), the ACAT may suspend the operation of thetermination and possession order for a stated period of not more than
3 weeks if satisfied that—(a) the tenant would suffer significant hardship if the operation of
the order was not suspended for the period; and(b) the tenant’s hardship would be greater than the hardship thatwould be suffered by the lessor if the operation of the order was
not suspended for the period; and(c) it is appropriate to suspend the operation of the order for theperiod.
(3) For subsection (1) (d), the ACAT must consider the following indeciding whether the termination is reasonable and proportionate:(a) the history and length of the tenancy;(b) the functions of the lessor in providing public or subsidised
housing, including—(i) if the lessor is the housing commissioner—the objects ofthe Housing Assistance Act 2007 and the commissioner’sfunctions under that Act; andpage 62

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Section 47(ii) any funding requirements or contractual obligations on thelessor in relation to the provision of subsidised
accommodation; and(iii) the lessor’s interest in the efficient management of public
or subsidised housing (including other premises) provided
by the lessor; and(iv) the public interest in the efficient management andavailability of public or subsidised housing; and(v) the financial impact on the lessor or owner if the residential
tenancy agreement is not terminated;(c) the conduct of the tenant and the lessor or owner in relation tomatters that are relevant to the notice for termination being
served on the tenant;(d) any hardship that the tenant will, or is likely to, suffer if theresidential tenancy agreement is terminated, including—(i) financial hardship; and(ii) difficulties in finding suitable alternative premises; and(iii) any risk of the tenant experiencing a prolonged period ofhomelessness; and(iv) impacts on the tenant’s physical or mental health;(e) any other matter the ACAT considers relevant.
(4) In considering whether to make an order under subsection (1), theACAT must not—(a) if the application relates to a termination notice served by thelessor in accordance with a public housing termination clauserequiring the tenant to transfer to another public housing
dwelling—review the housing commissioner’s decision torequire the tenant to transfer to another public housing dwelling;or

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Termination of residential tenancy agreements
Termination initiated by lessor

Section 48(b) if the application relates to a termination notice served by thelessor in accordance with a public housing termination clausebecause the housing commissioner decides to stop giving
housing assistance to the tenant—review the housingcommissioner’s decision to stop giving housing assistance to thetenant.
(5) To remove any doubt, subsection (4) does not limit the operation of
the Human Rights Act 2004, section 40C (2) (b).
(6) In this section:community housing provider termination clause means the clause inschedule 2, section 2.3.
public housing termination clause means a clause in schedule 2,section 2.4.
subsidised accommodation clause means a clause in schedule 2,section 2.6.
temporary housing assistance termination clause means a clause inschedule 2, section 2.5.
48

Certain breaches of standard residential tenancy terms(1) On application by a lessor, the ACAT may make a termination andpossession order if—(a) satisfied that—(i) the tenant has breached the standard residential tenancy
terms (other than by failing to pay rent that has become
payable); and(ii) the lessor has served a termination notice on the tenant
based on the breach; and(iii) the tenant did not vacate the premises in accordance with
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Section 48(iv) the breach of the standard residential tenancy terms was notin accordance with a term of the residential tenancy
agreement endorsed by the ACAT; and(v) the breach justifies the termination of the tenancy; or(b) the ACAT—(i) has made an order under section 83 (1) (b); and(ii) is satisfied that the tenant has breached that order; and(iii) is satisfied that the breach justifies the termination of thetenancy.
(2) The ACAT may, if satisfied that it is appropriate and just to do so in
relation to an application mentioned in subsection (1)—(a) refuse to make a termination and possession order if—(i) the tenant has remedied the relevant breach; or(ii) the tenant undertakes to remedy the breach within areasonable specified period and is reasonably likely to doso; or(b) make a termination and possession order but suspend it for aperiod of no more than 3 weeks if satisfied that—(i) were the order not suspended for a specified period of no
more than 3 weeks the tenant would suffer significant
hardship; and(ii) that hardship would be greater than the hardship that would
be suffered by the lessor if the order were suspended forthe specified period.

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Termination of residential tenancy agreements
Termination initiated by lessor

Section 49(3) For subsection (1) (a) (i), if the application is about the use ofpremises for an illegal purpose, the ACAT must also be satisfied
that—(a) the tenant has used the premises, or permitted the premises to be
used, for an illegal purpose; and(b) the illegal use justifies the termination of the tenancy.
(4) For subsection (3), the matters the ACAT may consider include thefollowing:(a) the nature of the illegal use;(b) any previous illegal use;(c) the previous history of the tenancy.
49

Failure to pay rent—termination and possession order(1) This section applies if—(a) a tenant has failed to pay rent that has become payable under aresidential tenancy agreement; and(b) the lessor has served a termination notice on the tenant becauseof the tenant’s failure to pay rent; and(c) the tenant has not vacated the premises in accordance with thenotice.
(2) The lessor may apply to the ACAT for a termination and possession
order.
(3) The ACAT may—(a) make a termination and possession order; or(b) make a payment order; or

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Section 49A(c) refuse to make a termination and possession order or payment
order if—(i) the tenant has paid any rent that has become payable andis, in the ACAT’s opinion, reasonably likely to pay future
rent as it becomes payable; and(ii) the ACAT considers it just and appropriate to do so.
(4) If the ACAT makes a termination and possession order, it may
suspend the order for a stated period of not more than 3 weeks if
satisfied that—(a) were the order not suspended for the stated period, the tenant
would suffer significant hardship; and(b) the tenant’s hardship would be greater than the hardship thatwould be suffered by the lessor if the order were suspended forthe stated period.
49A

Failure to pay rent—payment order(1) This section applies if a lessor applies to the ACAT for a terminationand possession order under section 49 (2).
(2) Instead of making a termination and possession order, the ACAT may
make an order (a payment order) requiring the tenant to pay 1 or bothof the following:(a) the rent, or a stated part of the rent, that has become payable;(b) future rent as it becomes payable.
(3) The ACAT must not make a payment order unless satisfied—(a) the tenant is reasonably likely to make the payments required
under the order; andR77
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Termination initiated by lessor

Section 49B(b) if the payment order does not include a requirement to pay rent,
or a stated part of rent, that has become payable as mentioned insubsection (2) (a)—(i) the lessor has made more than 2 applications for atermination and possession order under section 49 (2) inthe 12-month period immediately before the day the ACAT
makes the order; and(ii) it is in the interests of justice to do so.
(4) If the ACAT makes a payment order for part of the rent that has
become payable, the ACAT may also make an order under
section 83 (1) (c) for payment of the remaining part.
(5) A payment order—(a) expires on the date stated in the order (which must not be morethan 1 year after the day the order is made); and(b) must state that if the tenant fails to comply with the payment
order, the lessor may apply for a termination and possession
order under section 49B.
(6) On application to the ACAT, an order under this section may bevaried if—(a) both parties agree to the variation; and(b) the variation does not postpone the expiry date of the order; and(c) the ACAT considers it just and appropriate to vary the order.
49B

Failure to comply with payment order(1) This section applies if—(a) the tenant has failed to comply with a payment order in the last
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Section 49C(b) the order has not expired; and(c) the tenant continues to live at the premises.
(2) The lessor may apply to the registrar for a termination and possession
order.
(3) On receiving an application for a termination and possession order,
the registrar must—(a) list the application for hearing before the ACAT not earlier than
1 week after the day the notice under paragraph (b) is given to
the tenant; and(b) give notice to the tenant stating—(i) that an application for a termination and possession orderhas been made; and(ii) the time when, and the place where, the application is to beheard; and(iii) that the tenant should seek legal advice about theapplication if the tenant wants to continue to live at thepremises.
(4) If the lessor does not apply to the ACAT under subsection (2), thepayment order, residential tenancy agreement and any debt under the
residential tenancy agreement is not affected.
49C

Hearing of application—failure to comply with payment
order(1) After considering an application under section 49B and hearing theparties who attend the hearing, the ACAT must—(a) make a termination and possession order; or(b) refuse to make a termination and possession order.

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Termination of residential tenancy agreements
Termination initiated by lessor

Section 50(2) If the ACAT makes a termination and possession order, the ACAT—(a) must direct the registrar to issue a warrant for the eviction of thetenant; and(b) may make an order to pay any unpaid rent that is payable.
(3) If the ACAT refuses to make a termination and possession order, theACAT may—(a) confirm the payment order; or(b) make another payment order; or(c) set aside the payment order.
(4) If the ACAT makes a termination and possession order, it may
suspend the order for a stated period of not more than 3 weeks if
satisfied that—(a) were the order not suspended for the stated period, the tenant
would suffer significant hardship; and(b) the tenant’s hardship would be greater than the hardship thatwould be suffered by the lessor if the order were suspended forthe stated period.
50

Significant hardship(1) On application by a lessor, the ACAT may make a termination andpossession order in relation to premises occupied under a fixed term
agreement if satisfied that—(a) the lessor would suffer significant hardship if the ACAT did not
make the order; and(b) that hardship would be greater than the hardship the tenant
would suffer if the ACAT made the order.

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Section 50(2) If—(a) the ACAT decides to terminate a residential tenancy agreementin accordance with this section; and(b) the ACAT is satisfied that—(i) the lessor would suffer significant hardship if theagreement were not terminated within 8 weeks after the
making of the decision to terminate; and(ii) that hardship would be greater than the hardship the tenant
would suffer if the agreement were terminated within 8
weeks after that day;the ACAT must—(c) specify the day, less than 8 weeks after the making of thedecision to terminate, when the termination is to happen; and(d) give the tenant the notice of the proposed termination that isreasonable in the circumstances.
(3) If—(a) the ACAT decides to terminate a residential tenancy agreementin accordance with this section; and(b) the ACAT is not satisfied about the matters mentioned insubsection (2) (b);the ACAT must—(c) taking into consideration the need to comply with paragraph (d),specify the day, not less than 8 weeks after the making of thedecision to terminate, when the termination is to happen; and(d) give the tenant no less than 8 weeks notice of the proposed
termination.

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Division 4.4

Termination of residential tenancy agreements
Termination initiated by lessor

Section 51

51

Damage, injury or intention to damage or injure
On application by a lessor, the ACAT may make a termination andpossession order effective immediately if satisfied that the tenant has
intentionally or recklessly caused or allowed, or is likely to cause or
allow—(a) serious damage to the premises or to other property of the lessor;or(b) if the lessor is an individual—injury to the lessor or a memberof the lessor’s family; or(c) if the lessor is a corporation—injury to a representative of thecorporation or a member of a representative’s family; or(d) serious or continuous interference with the quiet enjoyment of
nearby premises by an occupier of the premises.

51A

Threats, harassment, intimidation or abuse by tenant(1) This section applies if a lessor believes that a tenant has engaged inany of the following conduct against a lessor or related person:(a) conduct that is threatening, intimidating, harassing or abusive;(b) conduct that the lessor or related person is reasonably likely tofind threatening, intimidating, harassing or abusive.
(2) The lessor may apply to the ACAT for a termination and possession
order.
(3) The lessor must, not later than 14 days before making an application
under subsection (2), give the tenant written notice that includes thedetails of the conduct mentioned in subsection (1) that the lessor
believes the tenant has engaged in.
(4) On receiving an application for a termination and possession order,
the registrar must list the hearing before the ACAT not earlier than
21 days after the day the lessor gives the tenant notice in accordancewith subsection (3).

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Termination initiated by lessor

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Division 4.4
Section 51A(5) The ACAT may make—(a) a termination and possession order if satisfied that—(i) the tenant has engaged in the conduct mentioned insubsection (1); and(ii) at least 21 days has passed since the lessor gave the tenant
notice in accordance with subsection (3); and(iii) it is appropriate to make the order; and(b) any other order the ACAT considers appropriate.
(6) If the ACAT makes a termination and possession order undersubsection (5) (a), the ACAT may suspend the operation of thetermination and possession order for a stated period of not more than
21 days if satisfied that—(a) the tenant would suffer significant hardship if the operation of
the order was not suspended for the period; and(b) the tenant’s hardship would be greater than the hardship thatwould be suffered by the lessor if the operation of the order was
not suspended for the period; and(c) it is appropriate to suspend the operation of the order for theperiod.
(7) In deciding whether it is appropriate to make a termination andpossession order, the ACAT must take the following into account:(a) the nature, frequency and duration of the conduct;(b) the circumstances of the conduct, including any behaviour of thelessor or related person;(c) whether the conduct is likely to continue;

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Division 4.4

Termination of residential tenancy agreements
Termination initiated by lessor

Section 52(d) whether the tenant has—(i) stopped the conduct; or(ii) agreed to stop the conduct and is reasonably likely to stop
the conduct in accordance with the agreement;(e) any family violence order or protection order made against thetenant or another person living at the premises by theMagistrates Court;(f) any order under a law of a State or a foreign country that has thesame effect, or substantially the same effect, as an ordermentioned in paragraph (e);NoteState includes the Northern Territory (see Legislation Act, dict,pt 1).

(g) the effect of the conduct on the lessor;(h) whether any other order under this Act is reasonably available;
Examplean order under s 83(i) any other matter the ACAT considers relevant.
(8) In this section:
related person means—(a) an agent or representative of the lessor; or(b) a family member of the lessor.
52

False or misleading statements
On application by a lessor, the ACAT may make a termination andpossession order if satisfied that the residential tenancy agreement
was induced by a false or misleading statement of the tenant.

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Termination initiated by lessor

Part 4
Division 4.4
Section 53

53

Employer-provided accommodation(1) On application by a lessor, the ACAT may make a termination andpossession order if satisfied that—(a) the residential tenancy agreement was entered into as part of acontract of employment; and(b) the tenant has, since the agreement was entered into, ceased tobe employed by the lessor; and(c) the lessor requires the premises to accommodate another
employee.
(2) If a residential tenancy agreement is entered into between a university
and—(a) a visiting academic; or(b) a staff member; or(c) a contract employee; or(d) a postgraduate student; or(e) an undergraduate student; or(f) a person undertaking an approved course of study;
and a person of the kind mentioned in paragraphs (a) to (f) ceases tobe a person of that kind, on application by the university, the ACAT
may make a termination and possession order.
(3) If the ACAT makes an order under subsection (1) or (2), the ACAT
must give the tenant no less than 4 weeks notice of the termination of
the tenancy.

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Division 4.4

Termination of residential tenancy agreements
Termination initiated by lessor

Section 54

54

Purported co-tenancy, assignment or subletting(1) On application by a lessor, the ACAT may make a termination andpossession order if satisfied that—(a) the tenant purported, in contravention of the standard residential
tenancy terms, to—(i) consent to a person to become a co-tenant; or(ii) assign or sublet the premises; and(b) the purported co-tenancy, assignment or subletting was not inaccordance with a term of the residential tenancy agreement
endorsed by the ACAT; and(c) the lessor served a termination notice on the tenant on the basisof the purported co-tenancy, assignment or subletting; and(d) the premises have not been vacated.
(2) Even though the ACAT is satisfied about the matters mentioned insubsection (1) (a), (b) and (c), the ACAT may, if satisfied that it isappropriate to do so—(a) if the purported co-tenant, assignee or sublessee vacates thepremises—refuse the application for a termination andpossession order; or(b) make a termination and possession order contingent on the
failure of the purported co-tenant, assignee or sublessee tovacate the premises by a day specified in the order, by which the
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Termination initiated by lessor

Part 4
Division 4.4
Section 55(c) make a termination and possession order but suspend theoperation of the order for a specified period of no more than
3 weeks from the date of making the order if—(i) the purported co-tenant, assignee or sublessee would suffer
significant hardship if the ACAT made a termination andpossession order that took effect within the specified
period after the making of the order; and(ii) that hardship would be greater than the hardship the lessor
would suffer if the ACAT made the order and it did notcome into effect within that period.
55

Repudiation without vacation
On application by a lessor, the ACAT may make a termination andpossession order if—(a) the tenant repudiates the residential tenancy agreement inwriting; and(b) the lessor accepts the repudiation as proposed by the tenant; and(c) the tenant fails to vacate the premises on or before the datespecified for vacation in the notice of repudiation.

55A

Affected residential premises(1) On application by a lessor, the ACAT may make a termination andpossession order if satisfied that—(a) the premises are affected residential premises; andNote

Affected residential premises—see the dictionary.

(b) the lessor has given the tenant written notice under
section 64AA (Termination—affected residential premises)
terminating the tenancy agreement; and(c) the tenant has not vacated the premises as required by the notice.

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Division 4.4

Termination of residential tenancy agreements
Termination initiated by lessor

Section 55B(2) The ACAT may suspend the operation of the termination andpossession order for a stated period of up to 3 weeks if satisfied that—(a) the tenant would suffer significant hardship if the order were notsuspended for the stated period; and(b) the hardship would be greater than the hardship the lessor would
suffer if the order were suspended for the stated period.
55B

Eligible impacted property(1) On application by a lessor, the ACAT may make a termination andpossession order if satisfied that—(a) the premises are an eligible impacted property; andNoteEligible impacted property—see the Civil Law (Sale of Residential
Property) Act 2003, s 9A (1).

(b) the lessor has given the tenant written notice under
section 64AB (Termination—eligible impacted property)
terminating the tenancy agreement; and(c) the tenant has not vacated the premises as required by the notice.
(2) The ACAT may suspend the operation of the termination andpossession order for a stated period of up to 3 weeks if satisfied that—(a) the tenant would suffer significant hardship if the order were notsuspended for the stated period; and(b) the hardship would be greater than the hardship the lessor would
suffer if the order were suspended for the stated period.

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Termination initiated by lessor

Part 4
Division 4.4
Section 56

56

Compensation to lessor
If a person to whom a termination and possession order is directed
fails to vacate the specified premises in accordance with the order, theACAT may, on application made within 4 weeks after the date when
the person was to vacate the premises, order the person to pay to theapplicant such of the following as it considers appropriate:(a) an amount equal to the rent that would have been payable to theapplicant if the premises had been tenanted during the period forwhich the person was in possession of the premises aftertermination of the residential tenancy agreement;(b) an amount equal to the reasonable costs incurred by theapplicant in applying for a warrant for eviction and having thewarrant executed.

57

Retaliatory applications(1) This section applies if—(a) a lessor has applied for a termination and possession order under
this part; and(b) the ACAT is satisfied that—(i) 1 or more of the following happened:(A) the tenant applied to the ACAT for an order in relation
to the lessor;(B) the tenant complained to a government entity inrelation to the lessor;(C) the tenant took reasonable action to secure or enforce
the tenant’s rights;
Examplethe tenant sought legal advice or mediation

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Division 4.5

Termination of residential tenancy agreements
Defective termination notices

Section 58(D) the ACAT made an order in favour of the tenantagainst the lessor;(E) the tenant published information, or disclosed
information that was published, about the premises,
the residential tenancy agreement, or the lessor; and(ii) for the event mentioned in subparagraph (i) (E)—the tenant
did not, knowingly or recklessly, publish or disclose
information that was false or misleading; and(iii) the lessor was motivated to apply for the termination andpossession order because of an event mentioned insubparagraph (i).
(2) The ACAT must not make the termination and possession order.
(3) In this section:
information includes an allegation, complaint or opinion.
publish includes communicate.

Division 4.5

Defective termination notices

Lessor’s defective termination notice if tenant vacates

58(1) This section applies if—(a) the lessor purports to give a termination notice to a tenant; and(b) the notice is a defective termination notice; and(c) the tenant vacates the premises in accordance with the defective
termination notice.
(2) The residential tenancy agreement terminates on the day the tenant
vacates the premises.

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Defective termination notices

Part 4
Division 4.5
Section 59(3) If a tenant vacates premises in accordance with a defective
termination notice (other than a notice that was defective because it
was not given to the tenant in accordance with this Act), the former
tenant may apply to the ACAT for either or both of the following
orders:(a) an order for compensation for wrongful eviction;(b) an order for reinstatement as tenant in possession of thepremises.
(4) The ACAT must not make an order mentioned in subsection (3) (b)unless satisfied that—(a) the premises are vacant; and(b) the lessor has not entered into a residential tenancy agreementwith another tenant; and(c) it is appropriate to make the order.
Lessor’s defective termination notice if tenant does notvacate59(1) This section applies if—(a) a lessor purports to give a termination notice to a tenant; and(b) the notice is a defective termination notice for any reason, otherthan because it is not given in accordance with this Act.
(2) The lessor may apply to the ACAT for—(a) an order correcting the defect; and(b) a termination and possession order.
(3) The ACAT must not make an order under subsection (2) unlesssatisfied that the defective termination notice did not, and is not likely
to, place the tenant in a significantly worse position than the tenant
would have been in had the notice not been a defective termination
notice.
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Division 4.6

Termination of residential tenancy agreements
Abandonment of premises

Section 60

Tenant’s defective termination notice60(1) This section applies if—(a) a tenant purports to give a termination notice to the lessor; and(b) the notice is a defective termination notice; and(c) the tenant vacates the premises in accordance with the defective
termination notice.
(2) The residential tenancy agreement terminates on the day the tenant
vacates the premises.
(3) On application by the former lessor, the ACAT may make an orderfor compensation for the former tenant’s abandonment of thepremises.
(4) However, the ACAT may only make the order if satisfied the former
lessor is not in a significantly worse position because of the defective
termination notice than the former lessor would have been had thenotice not been defective.

Division 4.6
61

Abandonment of premises

Effect of abandonment
If a tenant abandons premises that the tenant occupies under aresidential tenancy agreement, the agreement terminates on the dayof abandonment.
Notepage 82

If there is a dispute about the date of abandonment, the parties may apply
to the ACAT for an interim order declaring when the premises wereabandoned (see ACT Civil and Administrative Tribunal Act 2008, s 53).

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Abandonment of premises

Part 4
Division 4.6
Section 61A

61A

Lessor may enter premises to confirm abandonment(1) This section applies if a lessor of premises under a residential tenancy
agreement has taken all reasonable steps to contact the tenant andbelieves on reasonable grounds that the premises have beenabandoned by the tenant.
ExampleDavid has a fixed-term residential tenancy agreement with Michael to rent
Michael’s house. David hasn’t paid his rent for 4 weeks so Michael tries to callDavid on the telephone number David gave him as a contact number. After several
unsuccessful attempts to call him, Michael then sends letters to David’s postal andemail addresses but gets no response. Michael also drives by the house on several
occasions at different times and notices that there is never any activity there. He
also notices a smashed window and broken glass on the ground. Michael has taken
all reasonable steps to contact David and has reasonable grounds for believing thepremises have been abandoned by David.

(2) The lessor may, without the tenant’s consent, and without giving
notice to the tenant, enter the premises during the residential tenancy
agreement to confirm whether the premises have been abandoned.
(3) However, the lessor must not enter the premises—(a) on Sunday; or(b) on a public holiday; or(c) before 8am or after 6pm.
62

Abandonment during fixed term
(1) If a tenant abandons premises before the end of a fixed term
agreement, the former lessor may apply to the ACAT for thefollowing compensation:(a) compensation for the loss of the rent that the former lessor would
have received had the agreement continued to the end of its term;(b) compensation for the reasonable costs of advertising thepremises for lease and of giving a right to occupy the premises
to another person.

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Division 4.6

Termination of residential tenancy agreements
Abandonment of premises

Section 63(2) On application, the ACAT may award compensation of the kind
mentioned in subsection (1) (a) and (b).
(3) The amount of compensation the ACAT may award—(a) under subsection (1) (a) must not exceed an amount equal to
25 weeks rent; and(b) under subsection (1) (b) must not exceed an amount equal to
1 week’s rent.
(4) In deciding the amount of compensation that may be awarded undersubsection (2) in relation to costs, the ACAT must have regard towhen, apart from the abandonment of the premises—(a) the agreement would have ended; and(b) the lessor would have incurred the costs mentioned insubsection (1) (b).
63

Abandonment during periodic agreement
If a tenant abandons premises of which the tenant has possession
under a periodic agreement, the former lessor may claim from theformer tenant compensation of an amount equivalent to 3 weeks rent.

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MiscellaneousPart 4
Division 4.7
Section 64

Division 4.7
64

Miscellaneous

Successor in title to lessor(1) A person other than a lessor who, apart from section 36, would beentitled to possession of premises, may terminate the residential
tenancy agreement relating to the premises by—(a) notifying the tenant as soon as practicable after becoming so
entitled that the person would be entitled to possession apartfrom section 36 and that the person who was lessor is no longer
lessor; and(b) giving the tenant not less than 8 weeks notice to vacate thepremises.
Examples1
2
Note

The lessor dies and the premises are inherited by the lessor’s child. The child
may terminate the tenancy.
The lessor mortgages the premises, defaults on the mortgage and themortgagee forecloses. The mortgagee may terminate the tenancy.
If a form is approved under s 133 (Approved forms—Minister) for a
notice, the form must be used.

(2) A person cannot terminate a tenancy under subsection (1) if theperson—(a) is a purchaser of the premises; and(b) knew about the tenancy, or could reasonably be expected to have
known about the tenancy, before purchasing the premises.
(3) If a person has given notices under subsection (1), the relevant
residential tenancy agreement terminates at the end of the period of 8
weeks after the date of the notice mentioned in subsection (1) (b) oron the later date specified in the notice.

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Part 4
Division 4.7

Termination of residential tenancy agreements
Miscellaneous

Section 64AA

64AA

Termination—affected residential premises(1) This section applies if premises that are the subject of a residential
tenancy agreement are affected residential premises.
Note

Affected residential premises—see the dictionary.

(2) A party to the residential tenancy agreement may, by written noticeto the other party, terminate the agreement.
(3) If the tenant terminates the agreement, the tenant must give the lessor
at least 2 days notice of the termination.
(4) If the lessor terminates the agreement, the lessor must give the tenant
at least 1 week’s notice of the termination.
(5) The tenancy ends on the date stated in the notice.
64AB

Termination—eligible impacted property(1) This section applies if premises that are the subject of a residential
tenancy agreement are an eligible impacted property.
Note

Eligible impacted property—see the Civil Law (Sale of Residential
Property) Act 2003, s 9A (1).

(2) A party to the residential tenancy agreement may, by written noticeto the other party, terminate the agreement.
(3) The party terminating the agreement must give the other party at least
28 working days notice of the termination.
(4) The tenancy ends on the date stated in the notice.

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MiscellaneousPart 4
Division 4.7
Section 64AC

64AC

No new residential tenancy agreements etc for affected
residential premises(1) This section applies in relation to affected residential premises thatare included in the affected residential premises register.
(2) Despite any other provision in this Act, a residential tenancy
agreement for the premises entered into on or after 1 July 2020 isvoid.
(3) Despite any other provision in this Act, the assignment or sublettingof the premises entered into on or after 1 July 2020 is void.
(4) Despite any other provision in this Act, an occupancy agreement forthe premises entered into on or after 1 July 2020 is void.
(5) Despite any other provision in this Act, a person may apply to the
ACAT for an order for the following:(a) that the lessor of the premises pay the person compensation formoney paid by the person under a residential tenancy agreement,or an assigned residential tenancy agreement, that is void under
this section;(b) that the tenant of the premises pay the person compensation forthe money paid by the person under an agreement to sublet thepremises that is void under this section;(c) that the grantor of an occupancy agreement for the premises pay
the person compensation for the money paid by the person under
the agreement that is void under this section.

64AD

Disallowing retaliatory notices to vacate(1) This section applies if—(a) a lessor has given a termination notice to the tenant inaccordance with this Act and the standard residential tenancy
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Division 4.7

Termination of residential tenancy agreements
Miscellaneous

Section 64AD(b) the tenant makes an application for an order disallowing thetermination notice before the end of the notice period stated in
the notice; and(c) the ACAT is satisfied that—(i) 1 or more of the following happened:(A) the tenant applied to the ACAT for an order in relation
to the lessor;(B) the tenant complained to a government entity inrelation to the lessor;(C) the tenant took reasonable action to secure or enforce
the tenant’s rights;
Examplethe tenant sought legal advice or mediation(D) the ACAT made an order in favour of the tenantagainst the lessor;(E) the tenant published information, or disclosed
information that was published, about the premises,
the residential tenancy agreement, or the lessor; and(ii) for the circumstance mentioned in subparagraph (i) (E)—the tenant did not, knowingly or recklessly, publish ordisclose information that was false or misleading; and(iii) the lessor was motivated to give the tenant the termination
notice because of an event mentioned in subparagraph (i).
(2) The ACAT must make an order disallowing the termination notice.
(3) In this section:
information includes an allegation, complaint or opinion.
publish includes communicate.

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Part 5
Section 64A

Part 564A

Rental rate increases
Standard residential tenancy term—increase in rent
Under a fixed term agreement rent may not be increased during thecurrency of the fixed term unless the amount of the increase, or amethod for working it out, is set out in the agreement.

64B

Limitation on rent increases(1) A lessor may increase the rental rate under a residential tenancy
agreement by an amount that is more than the amount prescribed byregulation only if—(a) the residential tenancy agreement allows the lessor to increase
the rental rate by the amount; or(b) after the lessor gives notice under subsection (2), the tenant
agrees, in writing, to the increase; or(c) the lessor obtains the ACAT’s prior approval.
(2) For subsection (1) (b), the lessor must give the tenant a written noticestating—(a) the day the proposed increase takes effect (being a day at least 8
weeks after the day the notice is given); and(b) the amount of the proposed increase; and(c) whether the amount of the proposed increase is more than theamount prescribed under subsection (1); and(d) if the proposed increase is more than the amount prescribedunder subsection (1)—that if the tenant does not agree to theincrease, the lessor may only make the proposed increase withthe prior approval of the ACAT.

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Part 5

Rental rate increases

Section 64C

64C

Tenant may apply for review(1) A tenant may apply to the ACAT for review of a proposed rental rateincrease.
(2) An application must be made not less than 2 weeks before the day on
which the proposed increase is to come into effect.

65

Waiver of notice requirements(1) The ACAT may hear an application for the review of a rental rateincrease even though the application is made less than 2 weeks before
the day when the proposed increase is to come into effect, if the
ACAT is satisfied that—(a) the application is late because of special circumstances; and(b) to hear the application will not place the lessor in a significantly
worse position than the lessor would have been had the applicant
applied as prescribed.
(2) Subsection (3) applies if—(a) a tenant purports to give a termination notice to the lessor
because of a rental rate increase; and(b) the notice is a defective termination notice; and(c) the tenant vacates the premises in accordance with the defective
termination notice.
(3) On application by the former tenant, the ACAT may make an ordercorrecting the defect in the defective termination notice if satisfied
that the order would not put the former lessor in a significantly worse
position than the former lessor would have been had the notice notbeen defective.

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Part 5
Section 66

66

Freezing rents
If an application for review of a rental rate increase has been madebut not decided, no increase in the rental rate happens unless allowedby the ACAT.

68

Guideline for orders(1) This section applies if an application is made to the ACAT under
section 64B (1) (c) or section 64C (1) in relation to a rental rateincrease.
(2) The ACAT must allow a rental rate increase if the increase is allowed
under the residential tenancy agreement and is not excessive.
(3) For subsection (2)—(a) unless the tenant satisfies the ACAT otherwise, a rental rateincrease is not excessive if it is equal to or less than the amountprescribed by regulation; and(b) unless the lessor satisfies the ACAT otherwise, a rental rateincrease is excessive if it is more than the amount prescribed byregulation.
(4) If a tenant or lessor proposes that a rental rate increase is or is notexcessive, the ACAT, in considering whether it is satisfied about the
proposal, must consider the following matters:(a) the rental rate before the proposed increase;(b) if the lessor previously increased the rental rate while therelevant tenant was tenant—(i) the amount of the last increase before the proposed
increase; and(ii) the period since that increase;(c) outgoings or costs of the lessor in relation to the premises;(d) services provided by the lessor to the tenant;

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Rental rate increases

Section 68A(e) the value of fixtures and goods supplied by the lessor as part of
the tenancy;(f) the state of repair of the premises;(g) rental rates for comparable premises;(h) the value of any work performed or improvements carried out
by the tenant with the lessor’s consent;(i) any other matter the ACAT considers relevant.
(5) If the ACAT considers a proposed rental rate increase is excessive
but a lesser increase would not be, it may disallow so much of theincrease as is excessive.
68A

OrdersThe ACAT may make the following orders in relation to an
application to allow or to review a rental rate increase:(a) an order allowing the increase applied for or the other increasethat the ACAT considers just;(b) an order disallowing the increase;(c) an order disallowing part of the increase.

69

Effect of orders(1) If the ACAT makes an order under section 68A (a) or (c), the rental
rate increase takes effect from the date when the proposed increase
would, apart from section 66, have taken place.
(2) The ACAT may, on application, grant a tenant time to pay rent owed
because of the operation of subsection (1).
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Section 70(b) despite section 66, the tenant has paid the lessor the full amountof the rental rate increase proposed by the lessor;
the ACAT may order the lessor to pay to the tenant the difference
between the amount the tenant paid to the lessor and the amount thatwas payable.
70

Further increases
If a proposed rental rate increase has been reviewed by the ACAT,
any further purported increase in the rental rate for a period of
12 months after the day the proposed increase was to take effect is
void.

71

Reduction of existing rent
(1) On application by a tenant, the ACAT must order a reduction in therental rate payable under a residential tenancy agreement if itconsiders that the tenant’s use or enjoyment of the premises has
diminished significantly as a result of any of the following:(a) the loss or diminished utility of an appliance, furniture, a facility
or a service supplied by the lessor with the premises as a resultof—(i) the withdrawal of the appliance, furniture, facility orservice by the lessor; or(ii) the failure by the lessor to maintain the premises and any
appliance, furniture or facility supplied with the premises
in a reasonable state of repair, having regard to theircondition at the commencement of the residential tenancy
agreement; or(iii) the failure by the lessor to provide and maintain the locks
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Section 71AAA(b) the loss of the use of all or part of the premises;(c) interference with the tenant’s quiet enjoyment of the premises
or the tenant’s ability to use the premises in reasonable peace,
comfort and privacy by the lessor or anyone claiming throughthe lessor or having an interest in, or title to, the premises.
(2) To remove any doubt and for subsection (1), a tenant’s quiet
enjoyment of premises is interfered with if there is substantial
interference with, or a significant lessening of freedom in exercising,
the tenant’s rights.
(3) A reduction in the rental rate ordered under subsection (1)—(a) takes effect from the day the tenant’s use or enjoyment of thepremises diminished, or the later date that the ACAT specifies;
and(b) remains in force for the period, not longer than 12 months,
specified by the ACAT.
(4) The ACAT may order a lessor to pay to the tenant the difference
between the rent paid and the rent payable as a result of an order fora rental rate reduction.
(5) Any purported increase in the rental rate in relation to premises forwhich a reduction order is in force is void and any amount paid aboveand beyond the reduced rental rate in accordance with a purported
increase is a debt owing by the lessor to the tenant.
71AAA

Rent reduction for lessor’s failure to comply with aminimum housing standard(1) On application by a tenant, the ACAT may order a reduction in therental rate payable under a residential tenancy agreement (a rent
reduction order) if the lessor fails to ensure premises comply with aminimum housing standard in accordance with section 19B.

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Section 71AAA(2) However, the ACAT may refuse to make an order undersubsection (1) if the tenant has failed to provide the lessor withreasonable access in accordance with clause 82 of the standard
residential tenancy terms.
(3) A rent reduction order—(a) takes effect from the day the premises fail to comply, or nolonger comply, with the minimum housing standard, or any later
date stated by the ACAT; and(b) remains in force for the period stated by the ACAT.
(4) The ACAT may order a lessor to pay to the tenant the difference
between the rent paid and the rent payable as a result of a rent
reduction order.
(5) Any purported increase in the rental rate in relation to premises forwhich a reduction order is in force is void and any amount paid above
the reduced rental rate in accordance with a purported increase is adebt owing by the lessor to the tenant.

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Lessor’s consent in certain matters

Part 5AA
Section 71AA

Lessor’s consent in certain
matters

Part 5AA
71AA

Definitions—pt 5AA
In this part:minor modification, to premises under a residential tenancy
agreement, means—(a) a renovation, alteration or addition that can be removed orundone so that the premises are restored to substantially thesame condition as the premises were in at the commencement of
the agreement, fair wear and tear excepted; or(b) a modification prescribed by regulation.
special modification, to premises under a residential tenancy
agreement, means—(a) a minor modification; or(b) a renovation, alteration or addition for 1 of the following
reasons:(i) the safety of the tenant or other people on the premises;(ii) on written recommendation of a health practitioner—toassist a tenant in relation to the tenant’s disability;(iii) to improve the energy efficiency of the premises;(iv) to allow access to telecommunications services;(v) the security of the premises, or the tenant or other people
on the premises;

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Section 71AB(vi) any other reason prescribed by regulation.
Examples—subpar (i)furniture anchors, child safety gates or fittings
Examples—subpar (ii)

access ramps, safety rails
Examples—subpar (v)deadlocks, security doors, security alarms

71AB

Process for tenant seeking consent—modifications
generally(1) This section applies if, under a residential tenancy agreement, thetenant is required to obtain the lessor’s consent to renovate, or makean alteration or addition to, the premises.
(2) The tenant may apply, in writing, to the lessor for the lessor’s consent.
(3) The lessor—(a) for a special modification—may refuse consent only if the lessor
obtains the ACAT’s prior approval; and(b) in any other case—must not unreasonably refuse consent.
(4) The lessor may impose a reasonable condition on consent.
Examplerequiring the proposed renovation, alteration or addition to be done in a stated way
to minimise damage to the premises(5) For an application under subsection (2) in relation to a special
modification, the lessor is taken to consent to the tenant’s application
unless, within 14 days of receiving the application, the lessor applies
to the ACAT under section 71AC.

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Section 71AC

71AC

Lessor to apply to ACAT for refusal—special
modifications(1) A lessor may apply to the ACAT for an order approving the lessor’s
refusal of the tenant’s application under section 71AB (2) for consent
to a special modification.
(2) The ACAT must—(a) approve the lessor’s application; or(b) refuse the lessor’s application; or(c) order that the lessor consent to the tenant’s application but
impose stated conditions on the consent.
Example—par (c)the work be undertaken by a qualified tradesperson(3) The ACAT may make an order under subsection (2) (a) or (c) if
satisfied—(a) the lessor would suffer significant hardship; or(b) the special modification would be contrary to a territory law; or(c) the special modification is likely to require modifications toother residential premises or common areas; or(d) the special modification would result in additional maintenancecosts for the lessor; or(e) of any other matter prescribed by regulation.
71AD

Tenant may apply to ACAT for review of refusal—othermodifications(1) This section applies if—(a) a tenant makes an application under section 71AB (2) for thelessor’s consent to renovate, or make an alteration or addition
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Section 71AD(b) the renovation, alteration or addition is not a special
modification; and(c) the lessor refuses to consent to the application.
(2) The tenant may apply to the ACAT for an order that the lessor
unreasonably refused to consent to the application.
(3) The ACAT must—(a) approve the tenant’s application; or(b) refuse the tenant’s application; or(c) order that the lessor consent to the tenant’s application but
impose stated conditions on the consent.
Example—par (c)the work be undertaken by a qualified tradesperson(4) In making a decision under subsection (3), the ACAT must
consider—(a) whether the modification—(i) would cause the lessor to suffer significant hardship; and(ii) would be contrary to a territory law; and(iii) is likely to require modifications to other residential
premises or common areas; and(iv) would result in additional maintenance costs for the lessor;and(v) is otherwise reasonable in the circumstances; and(b) any other matter prescribed by regulation.

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Section 71AE

71AE

Process for tenant seeking consent—animals(1) This section applies if, under a residential tenancy agreement, thetenant is required to obtain the lessor’s consent to keep an animal on
the premises.
(2) The tenant may apply, in writing, to the lessor for the lessor’s consent.
(3) The lessor may refuse consent only if the lessor obtains the ACAT’s
prior approval.
(4) The lessor may impose a condition on consent—(a) if the condition is a reasonable condition about—(i) the number of animals kept on the premises; or(ii) the cleaning or maintenance of the premises; or(b) with the prior approval of the ACAT.
Note

A tenant may apply to the ACAT to resolve a tenancy dispute,
including a dispute about whether a condition imposed unders (4) (a) is a reasonable condition (see pt 6).

(5) The lessor is taken to consent to the tenant’s application undersubsection (2) unless, within 14 days of receiving the application, thelessor applies to the ACAT under section 71AF.
71AF

Lessor to apply to ACAT for refusal—animals(1) A lessor may apply to the ACAT for an order approving—(a) the lessor’s refusal of the tenant’s application under
section 71AE (2) to keep an animal on the premises; or(b) a condition on the lessor’s consent to the tenant’s application.
(2) The ACAT must—(a) approve the lessor’s application; or(b) refuse the lessor’s application; orpage 100

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Section 71AG(c) order that the lessor consent to the tenant’s application but
impose stated conditions on the consent.
(3) The ACAT may make an order under subsection (2) (a) or (c) if
satisfied—(a) the premises are unsuitable to keep the animal; or(b) keeping the animal on the premises would result in unreasonabledamage to the premises; or(c) keeping the animal on the premises would be an unacceptablerisk to public health or safety; or(d) the lessor would suffer significant hardship; or(e) keeping the animal on the premises would be contrary to aterritory law.
71AG

Limitation on lessor’s liability
The lessor has no additional duty of care to a person arising from any
consent given or required under section 71AE (5).

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Occupancy agreements

Section 71A

Part 5A
71A

Occupancy agreements

Who is a grantor?
(1) A person is a grantor if the person grants a right of occupation underan occupancy agreement.
(2) Grantor includes a prospective grantor.

71B

Who is an occupant?
(1) A person is an occupant if the person has a right of occupation underan occupancy agreement.
(2) Occupant includes a prospective occupant.

71C

What is an occupancy agreement?
(1) An agreement is an occupancy agreement if—(a) under the agreement—(i) a person (the grantor) gives someone else (the occupant)a right to occupy stated premises; and(ii) the premises are for the occupant to use as a home (whether
or not with other people); and(iii) the right is given for value; and(b) the agreement is 1 of the following:(i) except if section 6B applies, an agreement to occupy
premises in the grantor’s principal place of residence;(ii) except if section 6B applies, an agreement to occupy
premises in a residential facility associated with, or on thecampus of, or provided under an arrangement with, an
education provider;

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Section 71C(iii) an agreement—(A) to exclusively occupy a sleeping space in a building
with other sleeping spaces with related access toshared facilities or provision of domestic services;and(B) that states it is an occupancy agreement;(iv) an agreement—(A) for emergency accommodation for people in crisis;
and(B) that states it is an occupancy agreement for
emergency accommodation for people in crisis;(v) an agreement—(A) to occupy premises provided under a housing support
program; and(B) that states it is an occupancy agreement for a housing
support program;(vi) an agreement—(A) to occupy premises because of membership in a clubor other entity; and(B) that states it is an occupancy agreement;(vii) except if section 6B applies, an agreement to occupy—(A) premises provided by the grantor in a residential park;or(B) a site in a residential park, for the purpose of theoccupant placing a manufactured home or a mobile
home on the site;

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Section 71C(viii) an agreement prescribed by regulation.
Examples—par (b) (iii) (A)a bedroom in a boarding house, a bed in a dormitory-style room
Note

This Act does not apply to nursing homes, hostels for aged or disabled
people or other prescribed premises (see s 4).

(2) The agreement may be—(a) express or implied; or(b) in writing, oral, or partly in writing and partly oral.
Note

After 6 weeks, the occupancy agreement should be in writing (sees 71EA (1) (b)).

(3) The right to occupy may be—(a) exclusive or not;(b) given with a right to use facilities, furniture or goods.
(4) In this section:
housing support program means a program funded by the Territory
under which accommodation is provided for people who—(a) are homeless or at risk of homelessness; or(b) will receive welfare or health support or services when using theaccommodation.
Examples—par (b)alcohol and drug addiction services

shared facilities, in relation to premises, means areas related to thepremises, provided for shared use by people occupying those andother premises.
Examplesshared bathroom and toilet, laundry, kitchen

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Section 71CA

sleeping space, in a building, means—(a) a bedroom; or(b) a bed in a room with other beds.
71CA

Certain types of agreements not occupancy agreements
An occupancy agreement does not include an agreement—(a) under which a tenant under a residential tenancy agreement
gives a right to occupy the premises the subject of the residential
tenancy agreement; or(b) arising under a mortgage entered into honestly in relation to thepremises; or(c) arising under a scheme if—(i) a group of adjacent premises is owned by a company; and(ii) the people who have rights to occupy the adjacent premises
jointly have a controlling interest in the company; or(d) entered into honestly to give a right to occupy the premises fora holiday; or(e) entered into by a person who is also a party to a relatedagreement entered into honestly for the sale or purchase of thepremises; or(f) prescribed by regulation.

71CB

Occupancy agreement—smoke alarms(1) A grantor must not enter into an occupancy agreement (other than asite-only residential park occupancy agreement) with an occupant inrelation to premises unless—(a) smoke alarms are installed for the premises; andR77
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Section 71D(b) the smoke alarms, and the installation of the smoke alarms,
comply with the requirements prescribed by regulation under
section 11B (1) (b).
NoteOther requirements may apply in relation to the installation of smoke
alarms, for example, requirements under the Building Act 2004.

(2) For a site-only residential park occupancy agreement, the occupantmust comply with the requirements in subsection (1) (a) and (b).
(3) In this section:site-only residential park occupancy agreement means an occupancy
agreement mentioned in section 71C (1) (b) (vii) (B).
71D

When does an occupancy start and end?
(1) An occupancy agreement starts on the earliest of the following days:(a) the day stated in the agreement;(b) the 1st day both parties have signed the agreement and received
a copy signed by the other;(c) the day the occupant takes possession of the premises;(d) the 1st day the grantor receives rent from the occupant.
(2) An occupancy agreement ends on the following day:(a) if the agreement is for a fixed term—(i) the last day of the fixed term; or(ii) if, with the grantor’s consent, the occupant continues to
occupy the premises after the fixed term ends—(A) the day agreed by the grantor and occupant; or(B) the day the agreement
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Section 71E(b) if the agreement is not for a fixed term—(i) a day agreed by the grantor and occupant; or(ii) the day the agreement is terminated under section 71EK.
71E

Application of occupancy principles(1) An occupancy agreement for premises—(a) is taken to contain the occupancy principles as in force from time
to time; and(b) may contain—(i) rules about occupying the premises (the occupancy rules);and(ii) additional terms.
(2) An occupancy rule or additional term in an occupancy agreement isvoid if it is inconsistent with the occupancy principles, this Act oranother territory law.

71EA

Occupancy principles(1) The following principles (the occupancy principles) apply to an
occupancy agreement in relation to premises:(a) a grantor must provide premises that are—(i) reasonably clean; and(ii) in a reasonable state of repair; and(iii) reasonably secure;(b) a grantor must ensure that the occupancy agreement is in writing
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Section 71EA(ii) if subparagraph (i) does not apply to the agreement—the
total time the occupant occupies the premises under theagreement is more than 6 weeks;(c) a grantor may require an occupant to pay a security deposit onlyin accordance with section 71EC;
Note

A security deposit payable under an occupancy agreement must betreated as if it were a rental bond lodged with the Territory (sees 71ED).

(d) a grantor must give an occupant a written receipt for payments
made under the occupancy agreement in accordance withsection 71EF;(e) a grantor may only impose an occupancy rule, fee, charge or
penalty on an occupant if the requirements in section 71EG aremet;(f) an occupancy rule must be reasonable and proportionate to theoutcome sought by the imposition of the rule;(g) any penalty or consequence (other than termination of theagreement) for breaching an occupancy rule—(i) must be reasonable and proportionate to the seriousness ofthe breach of the rule; and(ii) must not impose unreasonable hardship on the occupant;(h) a grantor must provide the occupant with quiet enjoyment of thepremises including access to the premises as set out insection 71EH;(i) a grantor must give the occupant the information mentioned in
section 71EI about the dispute resolution processes that apply tothe occupancy agreement;(j) a grantor may enter the premises only in accordance withsection 71EJ or section 71EM;

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Section 71EA(k) an occupant must not behave in a way that detracts from therights of others (including another occupant) to live and work in
the premises in a safe environment, free from harassment or
intimidation;(l) a party to the occupancy agreement must not terminate theagreement otherwise than in accordance with section 71EK;(m) an occupant must vacate the premises when the agreement ends;(n) an occupant must, at the end of the occupancy agreement, leave
the premises—(i) in substantially the same state of cleanliness the premises
were in at the start of the occupancy agreement; and(ii) in substantially the same condition the premises were in at
the start of the occupancy agreement (allowing for fair
wear and tear); and(iii) reasonably secure.
(2) However, subsection (1) (g) does not apply to a penalty orconsequence under a university requirement.
(3) If subsection (1) (b) (i) does not apply to an occupancy agreement andthe agreement is not in writing, the grantor may comply with any
requirement in subsection (1) to include information in the agreement
by giving the occupant the information, in writing, in any otherappropriate way before the agreement starts.
(4) For a site-only residential park occupancy agreement—(a) premises means the land and any fixtures in the residential parkprovided by the grantor for the purpose of the occupant placing
a manufactured home or a mobile home on the land; and(b) the grantor is entitled to enter the occupant’s manufactured
home or a mobile home only with reasonable notice, atreasonable times, on reasonable grounds and for reasonablepurposes.
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Section 71EB

(5) In this section:site-only residential park occupancy agreement means an occupancy
agreement mentioned in section 71C (1) (b) (vii) (B).
university requirement means a statute, rule or policy about student
discipline or medical leave made under, or authorised by, theAustralian National University Act 1991 (Cwlth) or the University ofCanberra Act 1989.
71EB

Condition report(1) A grantor must, not later than the day after the occupant takes
possession of the premises, give the occupant a report about the stateof repair or general condition of the premises of the following on the
day the occupant is given the report:(a) the premises;(b) any facilities, furniture or goods provided with the premises.
(2) The grantor must sign the report and give the occupant a reasonable
opportunity to check the content of the condition report.
(3) If the grantor does not give the occupant a condition report for thepremises, unless there is evidence to the contrary, the state of repair
or general condition of the premises is taken to be the same at the endof the occupancy agreement as they were at the start of the agreement.

71EC

Payment of security deposit(1) A grantor must not require an occupant under an occupancy
agreement for premises to pay a security deposit unless—(a) the agreement is—(i) in writing; and(ii) for a fixed term of more than 14 days; andpage 110

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Section 71EC(b) the grantor complies with section 71EB in relation to a condition
report.
(2) The maximum amount of a security deposit is—(a) for an occupancy agreement with a fixed term of more than 14days but less than 6 months—an amount of no more than thefirst 2 weeks of any occupancy fee payable under the agreement;or(b) for an occupancy agreement with a fixed term of 6 months or
longer—an amount of no more than the first 4 weeks of any
occupancy fee payable under the agreement.
(3) The amount of the security deposit must be stated in the occupancy
agreement.
(4) A grantor must not require or accept—(a) more than 1 security deposit in relation to an occupancy
agreement; or(b) a security deposit from an occupant under an occupancy
agreement for premises (the current agreement) if—(i) the occupant occupied the premises under an earlier
occupancy agreement (the prior agreement); and(ii) a security deposit is held in relation to the prior agreement;and(iii) an application for the release of the deposit has not yet been
made.
Note

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Occupancy agreements

Section 71ED

71ED

Security deposit must be lodged with Territory(1) A security deposit payable under an occupancy agreement, other thanan education provider occupancy agreement, must be deposited with
the Territory.
(2) The deposit must be accompanied by a written notice that states—(a) the names of, and addresses for service on, the occupant and the
grantor; and(b) the amount of security deposit being deposited.
(3) If the Territory accepts the amount of the security deposit, theTerritory must—(a) give the occupant a receipt for the amount; and(b) give the occupant and grantor a copy of the notice undersubsection (2).
(4) If the Territory accepts the security deposit, the applied provisions
apply in relation to the occupancy agreement as if—(a) the amount had been received by the Territory under part 3(Bonds); and(b) the occupancy agreement were a residential tenancy agreement;and(c) the occupant were a tenant under the agreement; and(d) the grantor were the lessor under the agreement; and(e) any dispute between the occupant and the grantor about the
security deposit were a tenancy dispute; and(f) any other necessary changes, and any changes prescribed byregulation, were made.

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Section 71EE

(5) In this section:
applied provisions means the following provisions:(a) section 27 (Payment of bond money into trust account);(b) section 28 (Interest on amounts in trust account);(c) division 3.4 (Release of bond money).
education provider occupancy agreement means an occupancy
agreement in relation to premises in a residential facility associatedwith, or on the campus of, or provided under an arrangement with, an
education provider.
71EE

Deductions from security deposit
A grantor may deduct from a security deposit paid under an
occupancy agreement—(a) the reasonable cost of repairs to, or the restoration of, thepremises or any facilities, furniture or goods provided with thepremises as a result of damage (other than fair wear and tear)caused by the occupant; and(b) the reasonable cost of securing the premises if the occupant fails
to return the keys for the premises to the grantor at the end of
the agreement; and(c) any occupancy fee or other amount owing and payable under theoccupancy agreement at the time the agreement ends.

71EF

Receipts for certain payments(1) If an occupant pays to a grantor an amount under an occupancy
agreement for premises of—(a) $75 or more—the grantor must give the occupant a written
receipt for the payment; orR77
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Section 71EG(b) less than $75—the grantor must give the occupant a written
receipt for the payment if asked by the occupant.
(2) The grantor must—(a) keep a written record of all payments received from the occupantunder the occupancy agreement; and(b) if asked by the occupant—give the occupant a copy of therecord.
71EG

Occupancy rules, fees, charges and penalties(1) The grantor must include the following information in an occupancy
agreement for premises:(a) any occupancy rule that applies to the premises;(b) any penalty that may apply for a breach of an occupancy rule;(c) any penalty, fee or charge that may apply if the occupantterminates the agreement before the end of the agreement;(d) any other fee or charge payable under the agreement
including—(i) the frequency of the fee or charge; and(ii) if relevant, how the fee or charge is worked out.
Examples—par (d) (i)weekly occupancy fee, monthly electricity charge, quarterly water use fee, monthly
wi-fi access fee
Example—par (d) (ii)a stated share of a utilities billNotepage 114

If an occupancy agreement is not in writing, the grantor may comply witha requirement to give information by giving the information, in writing,in any other appropriate way (see s 71EA (3)).

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Part 5A
Section 71EH

(2) The grantor must give the occupant—(a) at least 8 weeks prior written notice (the grantor’s notice
period) before—(i) changing an occupancy rule included in the occupancy
agreement; or(ii) increasing a fee, charge or penalty payable under theoccupancy agreement; or(iii) introducing a new fee, charge, occupancy rule or penalty
payable under the occupancy agreement; and(b) reasonable notice about imposing a penalty for breach of an
occupancy rule included in the occupancy agreement.
(3) If the grantor gives notice under subsection (2) (a), the occupant may
terminate the occupancy agreement by giving 2 weeks written noticeto the grantor before the end of the grantor’s notice period.
Occupant’s access to occupancy premises

71EH(1) As far as reasonably practicable, the grantor must give the occupant—(a) 24-hour access to—(i) the occupant’s part of the premises; and(ii) a toilet and bathroom; and(b) access at reasonable times to shared facilities having regard to
the occupant’s circumstances.
Example—occupant’s circumstances

parents of a baby may need to use the kitchen to prepare baby formula(2) In this section:
occupant’s part, of premises the subject of an occupancy agreement,
means the part of the premises that is provided under the agreement
for the occupant’s primary use.

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Part 5A

Occupancy agreements

Section 71EI

shared facilities, in relation to premises the subject of an occupancy
agreement, means an area related to the premises that is provided forshared use by occupants.
Examplesshared laundry, kitchen, games room, outdoor BBQ area

71EI

Information about dispute resolution processes
The grantor must include the following information in an occupancy
agreement for premises:(a) any internal dispute resolution process that applies to theagreement;(b) the contact details for—(i) the grantor; and(ii) at least 1 community dispute resolution service provider;and(iii) the human rights commission; and(iv) the legal aid commission; and(v) the ACAT.
Note

71EJ

If an occupancy agreement is not in writing, the grantor may comply witha requirement to give information by giving the information, in writing,in any other appropriate way (see s 71EA (3)).

Entry by grantor to occupancy premises(1) The grantor must ensure an occupancy agreement for premises
states—(a) under what circumstances the grantor may enter the premises;
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Part 5A
Section 71EJ(b) for each circumstance—the kind of notice, and period of notice,that the grantor must give the occupant—(i) before entering the premises; or(ii) if it is not practicable to give prior notice, after entering thepremises.
Examples—not practicable to give prior notice12

the grantor has reasonable concerns about an imminent risk to thewelfare of the occupant or another person
the grantor has reasonable concerns about an imminent risk ofproperty damage and the occupant cannot be contacted(2) For subsection (1) (b), the kind of notice, and period of notice, must
be reasonable and proportionate to the outcome sought by the grantor
entering the premises.
Examples1
2

3

The owner of a boarding house states in the occupancy agreement that theoccupant’s room will be cleaned every Monday morning.
The operator of a residential park states in the occupancy agreement for amanufactured home provided by the operator that the operator will give
7 days’ notice for routine maintenance.
A student accommodation provider states in an occupancy agreement that if
the student welfare officer has reasonable concerns about the welfare of an
occupant, the officer may give notice by knocking 3 times on the occupant’sdoor and, if there is no answer, may enter the room to check on the occupant’s
welfare. If the occupant is not in the room, the agreement states the officer will
leave a written note telling the occupant when and why the officer entered theroom and the officer’s contact details.

(3) A grantor may enter the premises if—(a) the occupancy agreement allows the grantor to do so; and(b) unless it is not practicable to do so—the grantor has given noticein accordance with the agreement.

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Part 5A

Occupancy agreements

Section 71EK

71EK

Termination of occupancy agreement(1) The grantor must ensure an occupancy agreement states—(a) under what circumstances the occupancy agreement may beterminated; and(b) a reasonable period of notice that must be given by a party
before the agreement is terminated.
(2) For subsection (1) (a), the occupancy agreement may only allow a
party to terminate the agreement under circumstances that arereasonable having regard to the nature of the occupancy.
Examples—nature of occupancy

1
2
3
4

whether the occupancies of the premises are usually long-term or short-term
whether the agreement is for a fixed term or is periodic
whether the accommodation is provided by a commercial provider or is in
someone’s residence
whether the accommodation is provided for a particular group of people suchas students studying at a university(3) A party may only terminate an occupancy agreement if—(a) all parties to the agreement agree; or(b) the agreement allows the party to do so and the party has given
notice in accordance with the agreement; or(c) the other party has—(i) breached an occupancy principle or the occupancy
agreement; and(ii) the breach justifies the termination of the agreement.
Notepage 118

An occupant may also terminate the agreement if the grantor gives noticeof a change to the occupancy rules, fees, charges or penalties (sees 71EG (3)).

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Part 5A
Section 71EL

(4) However, if an occupancy agreement may be terminated under auniversity requirement—(a) subsection (2) does not apply; and(b) for subsection (3)—the parties may also terminate the agreement
as permitted or required under the university requirement.
(5) A grantor must not terminate an occupancy agreement, or evict an
occupant, only because the occupant—(a) applied to the ACAT for an order in relation to an occupancy
agreement; or(b) complained to a government entity in relation to an occupancy
agreement; or(c) took reasonable action to secure and enforce an occupancy
agreement.
(6) In this section:
university requirement—see section 71EA (5).
71EL

Warrant for eviction—vacant possession order(1) On application by a grantor, the registrar must issue a warrant for theeviction of an occupant from premises if—(a) the ACAT has ordered the occupant under section 83 (1) (j) tovacate the premises; and(b) the occupant fails to vacate the premises in accordance with theorder.
(2) A warrant under this section must comply with section 40 (Content
of warrant).

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Part 5A

Occupancy agreements

Section 71EM

71EM

Occupancy agreement—abandonment of premises(1) This section applies if—(a) the occupant under an occupancy agreement for premises has
not paid the occupancy fee under the agreement for at least
3 consecutive periods; and(b) the grantor has taken all reasonable steps to contact the occupierof the premises; and(c) the grantor reasonably believes that the occupier has abandoned
the premises.
(2) The grantor may, without the occupier’s consent, and without notice,enter the premises during the occupancy agreement to confirm
whether the premises have been abandoned.
(3) However, the grantor must not enter the premises undersubsection (2)—(a) on a Sunday; or(b) on a public holiday; or(c) before 8 am or after 6 pm.

71F

Note 1

A grantor may seek an order that premises are abandoned under s 83 (1) (k).

Note 2

A grantor may dispose of any abandoned goods found on the premises
under the Uncollected Goods Act 1996.

Regulations about occupancy agreements(1) A regulation may make provision in relation to occupancy
agreements, including, for example, standard occupancy terms.
NotePower under an Act to make a regulation includes power to makedifferent provision for different classes of matters (see Legislation Act,s 48 (1) (a)).

(2) A regulation about standard occupancy terms must be consistent withthe occupancy principles.

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Definitions—pt 5B

Part 5B
Division 5B.1
Section 71H

Part 5B

Residential parks

Division 5B.1

Definitions—pt 5B

71H

Definitions—pt 5B
In this part:
operator, of a residential park, means the person who manages,
controls or otherwise operates the residential park, including by
granting rights of occupancy under a residential park agreement,
whether or not the person is the owner of the residential park.
residential park agreement means a residential tenancy agreement oran occupancy agreement in relation to a manufactured home or amobile home that is located in a residential park and includes a site
agreement.
site agreement means an agreement under which an operator grants
another person, for value, a right to occupy a site in the operator’s
residential park, for the purpose of placing a manufactured home or amobile home on the site for use as a home.

Division 5B.2
71I

Shared park facilities

Access to shared park facilities(1) As far as reasonably practicable, an operator must give a tenant or
occupant under a residential park agreement access at reasonable
hours to shared park facilities.
(2) In this section:
shared park facilities, in relation to a residential park, means areas in
the park provided for shared use by tenants and occupants in the park.
Examplesshowers, toilets, laundry, camp kitchen, pool, BBQ area

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Part 5B
Division 5B.3

Residential parks
Assignment of interests

Section 71J

Division 5B.3
71J

Assignment of interests

Definitions—div 5B.3
In this division:
assignee, in relation to a residential park agreement—seesection 71K (1).
assignor, in relation to a residential park agreement—seesection 71K (1).

71K

Assignment in residential park permitted with consent(1) A tenant or occupant (the assignor) may assign the assignor’s interestin a residential park agreement to someone else (the assignee) only if
the operator of the residential park—(a) consents, in writing, to the assignment; or(b) is taken under section 71L to have consented to the assignment.
(2) In requesting the operator’s consent for subsection (1), the assignor
must give the operator the following information:(a) the name of the assignee;(b) the same information in relation to the assignee that the assignee
was requested to give to the operator in relation to the assignee’s
application to enter into the residential park agreement.

71L

Consent to assignment(1) Within 14 days after receiving the assignor’s request for consent
under section 71K (2), the operator may, in writing—(a) consent to the assignment; or(b) refuse to consent to the assignment.

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Sale of manufactured homes and mobile homes

Part 5B
Division 5B.4
Section 71M(2) The operator is taken to consent to the assignment if the assignor
makes a request under section 71K (2) and the operator does not takeaction under subsection (1) within 14 days after the request.
71M

Effect of assignment(1) This section applies if an assignor assigns their interest under aresidential park agreement to an assignee.
(2) The assignor’s interest in any security deposit paid under theagreement is also assigned to the assignee.
(3) From the day of the assignment—(a) the assignee is taken to be substituted for the assignor under the
residential park agreement, including for the purposes of any
security deposit; and(b) the assignor remains liable for any liabilities incurred under theagreement before the day of the assignment.

Division 5B.4
71N

Sale of manufactured homes andmobile homes

Sale of home located on residential park site
(1) This section applies if—(a) a person owns a manufactured home or mobile home (theoccupant’s premises) that is located in a residential park undera site agreement; and(b) the person intends to offer the premises for sale.
(2) The person must not display a sign about the sale in or on the premises
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Part 5B
Division 5B.4

Residential parks
Sale of manufactured homes and mobile homes

Section 71O(b) the sign is no larger than the maximum size prescribed byregulation.
(3) The operator of a residential park must not take any action to hinder
the person’s sale of the premises in the park if the person has
complied with subsection (2).
(4) Without limiting subsection (3), an operator of a residential parkhinders a person’s sale of premises in the park if the operator—(a) unreasonably stops potential buyers from inspecting thepremises; or(b) makes false or misleading statements about the park that affector may affect the sale; or(c) prevents the person from displaying a sign about the sale.
(5) An operator of a residential park is not taken to hinder a person’s saleof their premises only because the operator—(a) imposes conditions relating to potential buyers entering or
remaining in the park that are reasonable in the circumstances;or(b) has reasonably refused to consent to a proposed assignment of
the person’s interest in the site agreement.
71O

Home to be removed from park if no site agreement once
sold(1) This section applies if—(a) a person (the seller) owns a manufactured home or mobile home
in a residential park under a site agreement; and(b) the seller sells the manufactured home or mobile home toanother person (the buyer).

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Sale of manufactured homes and mobile homes

Part 5B
Division 5B.4
Section 71O(2) The buyer must remove the manufactured home or mobile home fromthe residential park within 5 days after the sale is completed or withina longer period of time agreed by the operator unless—(a) the seller has assigned the site agreement to the buyer; or(b) the buyer has entered into a new site agreement with theoperator.
(3) If asked by the buyer, the operator of the residential park must notunreasonably refuse to enter into a site agreement with the buyer for
an appropriate site in the park for the manufactured home or mobile
home.

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Part 6
Division 6.1

Resolution of residential tenancy and occupancy disputes
Important concepts

Section 72

Part 6

Resolution of residential tenancy
and occupancy disputes

Division 6.1

Important concepts

72

Meaning of tenancy dispute(1) For this Act, a dispute is a tenancy dispute if it—(a) is between the parties (including between co-tenants) to aresidential tenancy agreement; and(b) is about, arises from, or relates to, the agreement.
(2) A tenancy dispute includes—(a) a dispute if an application relating to the dispute may be madeunder part 4 (Termination of residential tenancy agreements) orpart 5 (Rental rate increases); and(b) a referral of an application and notice of dispute taken to be an
application about a tenancy dispute under section 35 (3); and(c) an application for compensation under this Act.

73

Meaning of occupancy dispute(1) For this Act, a dispute is an occupancy dispute if it—(a) is between the parties to an occupancy agreement; and(b) is about, or relates to, the agreement.
(2) However, for an occupancy agreement to which a university dispute
resolution procedure applies, a dispute is an occupancy dispute only
if the parties have been unable to resolve the dispute within areasonable time under the university dispute resolution procedure.

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Action by registrar

Part 6
Division 6.2
Section 74(3) In this section:
university dispute resolution procedure means a dispute resolution
procedure authorised under the Australian National University
Act 1991 (Cwlth) or the University of Canberra Act 1989.
74

Other options for dispute resolution(1) Nothing in this part requires an occupant to attempt to resolve an
occupancy dispute under this Act before making a complaint underthe Human Rights Commission Act 2005.
(2) To remove any doubt, section 73 (2) does not require an occupant toattempt to resolve an occupancy dispute under a university dispute
resolution procedure before making a complaint under the Human
Rights Commission Act 2005.
(3) In this section:
university dispute resolution procedure—see section 73 (3).

Division 6.2
75

Action by registrar

Assistance with inquiries about residential tenancy andoccupancy agreements
The registrar may give the assistance the registrar considers
appropriate in relation to an inquiry about a residential tenancy
agreement or occupancy agreement, including—(a) referring the person making the inquiry to services provided by
the public or private sector that give advice about residential
tenancy or occupancy matters generally; and(b) referring the person to services provided by the public or private
sector for the resolution of tenancy disputes or occupancy
disputes.
Note

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The registrar may also help a person make an application to the ACAT as
the registrar considers appropriate (see ACT Civil and Administrative
Tribunal Act 2008, s 112 (1) (b))..
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Part 6
Division 6.3

Resolution of residential tenancy and occupancy disputes
Jurisdiction of ACAT—this Act, standard residential tenancy terms andstandard occupancy terms

Section 76

Division 6.3

76

Jurisdiction of ACAT—this Act,
standard residential tenancy terms
and standard occupancy terms

Jurisdiction of ACAT under this Act etc(1) The ACAT has exclusive jurisdiction to hear and decide any matterthat may be the subject of an application to the ACAT under—(a) this Act; or(b) the standard residential tenancy terms; or(c) the occupancy principles.
Note

A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).

(2) However, the ACAT does not have jurisdiction to make an orderfor—(a) the payment of an amount that is more than $25 000; or(b) work of a value that is more than $25 000.
(3) This section is subject to—(a) section 78 (Extended jurisdiction of ACAT with agreement ofparties); and(b) the Self-Government Act, section 48A (Jurisdiction and powersof the Supreme Court).
Notepage 128

The Self-Government Act, s 48A provides as follows:(1) The Supreme Court is to have all original and appellate jurisdictionthat is necessary for the administration of justice in the Territory.
(2) In addition, the Supreme Court may have such further jurisdiction
as is conferred on it by any Act, enactment or Ordinance, or any
law made under any Act, enactment or Ordinance.

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Jurisdiction of ACAT—this Act, standard residential tenancy terms andstandard occupancy terms

Part 6
Division 6.3
Section 77

(3)

77

The Supreme Court is not bound to exercise any powers where it
has concurrent jurisdiction with another court or tribunal.

Saving of court jurisdiction(1) A claim for payment of an amount, or for work of a value, that is morethan $10 000 may be made in a court competent to hear and decideclaims based on contract for the amount claimed.
(2) If a claim mentioned in subsection (1) may be made—(a) the claimant may also make any other claim related to therelevant tenancy dispute or occupancy dispute; and(b) the court in which the proceeding is brought may exercise thepowers of the ACAT under this Act.
(3) This section has effect despite section 76.

78

Extended jurisdiction of ACAT with agreement of parties(1) This section applies if—(a) an application (the original application) is made to the ACAT
under—(i) this Act; or(ii) the standard residential tenancy terms; or(iii) the occupancy principles; andNote

A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any
regulation (see Legislation Act, s 104).

(b) the parties to the proceeding agree to the ACAT exercisingextended jurisdiction under this section.

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Part 6
Division 6.3

Resolution of residential tenancy and occupancy disputes
Jurisdiction of ACAT—this Act, standard residential tenancy terms andstandard occupancy terms

Section 78(2) The ACAT has jurisdiction (extended jurisdiction) to hear and decide
any matter that—(a) arises out of, or is ancillary to, the dispute that gave rise to theoriginal application; and(b) the Magistrates Court has jurisdiction to hear and decide under
the Magistrates Court Act 1930, part 4.2 (Civil jurisdiction).
(3) If the ACAT is exercising extended jurisdiction, the ACAT has thesame jurisdiction and powers as the Magistrates Court has under theMagistrates Court Act 1930, part 4.2 (Civil jurisdiction).
Note

The Magistrates Court has jurisdiction to hear and decide any personalaction at law if the amount claimed is not more than $250 000 (seeMagistrates Court Act 1930, s 257).

(4) However, a provision of the Magistrates Court Act 1930, part 4.2
prescribed by a rule under the ACT Civil and Administrative Tribunal
Act 2008, section 22 (2) does not apply in relation to the ACAT when
exercising extended jurisdiction.

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Resolution of residential tenancy and occupancy disputes
Applications to ACATPart 6
Division 6.4
Section 79

Division 6.4
79

Applications to ACAT

Who may apply to ACAT?
(1) A party to a residential tenancy agreement (including a child) may
apply to the ACAT for resolution of a tenancy dispute.
(2) A party to an occupancy agreement (including a child) may apply to
the ACAT for resolution of an occupancy dispute.

80

Applications to ACAT by children—application of this Act
etc
This Act and the ACT Civil and Administrative Tribunal Act 2008
apply in relation to an application made by a child to the ACAT as if
the child were an adult.
Note

Division 6.5
81

A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any rules (see Legislation Act,s 104).

Powers and decisions of ACATACAT to assist parties to tenancy and occupancy
disputes
The ACAT must actively assist the parties to a tenancy or occupancy
dispute to understand the hearing process and present their case.

82

Disputes about agreements no longer in force
If a residential tenancy agreement or occupancy agreement is nolonger in force, the ACAT may decide a tenancy dispute or occupancy
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Part 6
Division 6.5

Resolution of residential tenancy and occupancy disputes
Powers and decisions of ACAT

Section 83(b) a party applies to the ACAT about the dispute within 6 years
after the day, or the last day, the conduct giving rise to thedispute happened.
83

Orders by ACAT
(1) Without limiting the orders the ACAT may make, the ACAT may
make the following orders in relation to an application about atenancy dispute or occupancy dispute:(a) an order restraining any action in breach of a residential tenancy
agreement or occupancy agreement;(b) an order requiring performance of a residential tenancy
agreement or occupancy agreement;(c) an order requiring the payment of an amount to the Territory ora person;(d) an order requiring the payment of compensation for loss of rent,
occupancy fees or any other loss caused by the breach of aresidential tenancy agreement or occupancy agreement;(e) an order requiring the payment of compensation for any loss
caused by the lessor’s failure to ensure premises comply with aminimum housing standard in accordance with section 19B;
(f) an order stating that an amount (not more than the amount ofbond or security deposit paid into the trust account in relation to
the relevant residential tenancy agreement or occupancy
agreement, as the case requires) be paid to the lessor or grantor
from the trust account;(g) an order restoring a residential tenancy agreement or occupancy
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Powers and decisions of ACATPart 6
Division 6.5
Section 83(ii) that the person vacated the premises in accordance with adefective termination notice;(h) an order requiring payment of all or part of the following into
the ACAT until the ACAT orders otherwise:(i) the rent payable under the standard residential tenancy
terms; or(ii) an occupancy fee payable under the occupancy agreement;(i) an order directing payment out of any amount paid into the
ACAT as appropriate;(j) an order terminating a residential tenancy agreement or
occupancy agreement and granting vacant possession of therelevant premises to the applicant for the order;(k) an order—(i) declaring the premises abandoned; and(ii) if the abandoned premises are a manufactured home ormobile home in a residential park and the ACAT considers
that the premises are not fit for human habitation—
directing the operator of the park how the premises may bedisposed of;Note

An operator of a residential park in which a manufactured home ormobile home is abandoned can only dispose of the home under the
Uncollected Goods Act 1996, s 24A if the ACAT has made an orderunder par (j).

(l) an order correcting a defective termination notice;(m) any other order the ACAT considers appropriate including
declaratory orders in relation to a matter in this Act.

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Part 6
Division 6.5

Resolution of residential tenancy and occupancy disputes
Powers and decisions of ACAT

Section 84(2) The ACAT may make an order under subsection (1) (l) only ifsatisfied that the defective termination notice did not, and is not likely
to, place the person receiving the notice in a significantly worse
position than the person would have been in had the notice not been
defective.

84

Note 1The ACT Civil and Administrative Tribunal Act 2008, s 56 sets out otherorders that the ACAT may make.

Note 2The ACAT may make interim orders (see ACT Civil and Administrative
Tribunal Act 2008, s 53).

Notice of intention to vacate—award of compensation(1) If a lessor received a notice of intention to vacate before the end of a
fixed term agreement, and the date nominated in the notice as the datewhen the tenant intends to vacate is a date before the end of theagreement, the lessor may—(a) accept the notice; or(b) if the agreement does not include a break lease fee clause, apply
to the ACAT for compensation for—(i) the loss of the rent that the lessor would have received had
the agreement continued to the end of its term; and(ii) the reasonable costs of advertising the premises for leaseand of giving a right to occupy the premises to anotherperson.
(2) On application, the ACAT may award compensation of the kind
mentioned in subsection (1) (b).
(3) The amount of compensation the ACAT may award—(a) under subsection (1) (b) (i) must not be more than the lesser ofthe following:(i) 25 weeks rent;(ii) rent in relation to the unexpired part of the agreement; andpage 134

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Powers and decisions of ACAT—protection orders

Part 6
Division 6.5A
Section 85(b) under subsection (1) (b) (ii) must not be more than 1 week’s rent.
(4) In deciding the amount of compensation that may be awarded inrelation to the reasonable costs of advertising, the ACAT must haveregard to when, apart from the vacation of the premises—(a) the agreement would have ended; and(b) the lessor would have incurred the costs.
(5) No compensation may be awarded to the lessor if the agreement islawfully terminated under the following sections:(a) section 46A (Termination of agreement for aged care or social
housing needs);(b) section 46B (Termination of fixed term agreements if premises
for sale);(c) section 64AA (Termination—affected residential premises);(d) section 64AB (Termination—eligible impacted property).
(6) In this section:
break lease fee clause means the clause in schedule 2, section 2.1.

Division 6.5A
85

Powers and decisions of ACAT—
protection orders

Definitions—div 6.5A
In this division:
protected person—(a) in relation to a protection order under the Family Violence
Act 2016—see that Act, dictionary; or(b) in relation to a protection order under the Personal Violence
Act 2016—see that Act, dictionary.

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Division 6.5A

Resolution of residential tenancy and occupancy disputes
Powers and decisions of ACAT—protection orders

Section 85A

respondent—(a) in relation to a protection order under the Family Violence
Act 2016—see that Act, dictionary; or(b) in relation to a protection order under the Personal Violence
Act 2016—see that Act, dictionary.
85A

New tenancy agreement—family violence and protection
orders(1) This section applies if—(a) the Magistrates Court has made a protection order; and(b) the respondent is a party to a residential tenancy agreement inrelation to premises; and(c) the protected person under the order—(i) is also a party to the residential tenancy agreement; or(ii) has been living in the premises as the protected person’shome but is not a party to the agreement; and(d) either—(i) the order includes an exclusion condition or a condition
prohibiting the respondent from being within a particulardistance from the protected person; or(ii) the respondent has given an undertaking to the court toleave the premises.
(2) The protected person may apply to the ACAT for any of the following
orders:(a) an order terminating the existing residential tenancy agreement;(b) an order—(i) terminating the existing residential tenancy agreement; andpage 136

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Part 6
Division 6.5A
Section 85B(ii) requiring the lessor of the premises to enter into a
residential tenancy agreement with the protected person
and any other person mentioned in the application;(c) an order terminating a residential tenancy agreement or
occupancy agreement and granting vacant possession of therelevant premises to the lessor.
(3) Each of the following is a party to a proceeding on the application:(a) the protected person;(b) the lessor;(c) the respondent;(d) any other existing tenants.
(4) In this section:
exclusion condition—(a) in relation to a protection order under the Family Violence
Act 2016—see that Act, section 39 (4); or(b) in relation to a protection order under the Personal Violence
Act 2016—see that Act, section 31 (4).
85B

Applications under s 85A—ACAT orders(1) This section applies if the ACAT receives an application under
section 85A from a protected person under a protection order.
(2) The ACAT may make the order applied for if satisfied that—(a) it is reasonable to make the order, taking into consideration thelength of the protection order and the length of time remaining
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Powers and decisions of ACAT—protection orders

Section 85B(b) it is reasonable to make the order, taking into consideration theinterests of the protected person, the respondent and any othertenants, under the existing residential tenancy agreement and, inparticular, whether the other tenants support the protected
person’s application; and(c) for an order mentioned in section 85A (2) (b)—(i) the protected person, or the dependent children of theprotected person or of any other person mentioned in theapplication, would be likely to suffer significant hardshipif the protected person were compelled to leave thepremises; and(ii) that hardship would be greater than the hardship the lessor
would suffer if the order were made; and(iii) the protected person and any other person mentioned in theapplication could reasonably be expected to comply withthe terms of a residential tenancy agreement; and(iv) if another person is mentioned in the application—the
lessor has been given an opportunity to consider the
person’s suitability as a tenant.
(3) If the ACAT makes an order mentioned in section 85A (2) (b), the
new residential tenancy agreement must—(a) be subject to the same rent and frequency of rent payments as
the existing residential tenancy agreement; and(b) if the existing residential tenancy agreement is a fixed term
agreement—run for a term not longer than the remainder of the
fixed term; and(c) otherwise be on the same terms as the existing residential
tenancy agreement, subject to any changes the ACAT decides.

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Enforcement of ACAT orders

Part 6
Division 6.6
Section 86(4) If the ACAT makes an order mentioned in section 85A (2) (b), theexisting residential tenancy agreement is terminated when the newresidential tenancy agreement is signed by the parties to theagreement.
(5) The ACAT may determine the liabilities of the respondent, theprotected person or any other tenants under the existing residential
tenancy agreement in relation to the bond paid under the agreement.
(6) The ACAT may suspend the operation of an order for a stated periodof up to 3 weeks if satisfied that—(a) the protected person would suffer significant hardship if theorder were not suspended for the stated period; and(b) the hardship would be greater than the hardship the lessor would
suffer if the order were suspended for the stated period.

Division 6.6
86

Enforcement of ACAT orders

Failure to comply with ACAT orders(1) A party to a hearing must not fail to comply with an order of the
ACAT.
(2) If a person contravenes subsection (1), the ACAT may order the
person to pay a stated amount (not more than $5 000) to the Territory.
(3) A person commits an offence if—(a) the person contravenes subsection (1) (the first contravention);and(b) the ACAT makes an order under subsection (2) in relation to thefirst contravention; and(c) within 1 year immediately after the day the first contravention
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Enforcement of ACAT orders

Section 86(d) the first and subsequent contraventions are not against orders
arising from the same proceeding.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(4) Subsection (3) does not apply if the person has a reasonable excuse
for the first or subsequent contravention.

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Section 87

Part 7
87

Residential tenancy databases
Definitions—pt 7
In this part:
agent, of a lessor, means a person employed, or otherwise authorised,by the lessor to act as the lessor’s agent.
database means a system, device or other thing used for storing
information, whether electronically or in some other form.
database operator means an entity that operates a residential tenancy
database.
inaccurate, in relation to personal information in a residential
tenancy database, includes information that is inaccurate because—(a) the information shows that the person owes a lessor an amountthat is more than the rental bond; and(b) the amount owed was paid to the lessor more than 3 months after
the amount became due.
Note

If the amount is paid to the lessor within 3 months of the amountbecoming due, the information would be out of date.

list, in relation to personal information in a residential tenancy
database—(a) means—(i) enter the personal information into the database; or(ii) give the personal information to the database operator orsomeone else for entry into a database; and(b) includes amend personal information in the database to include
additional personal information about a person.

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Section 87

out of date, in relation to personal information in a residential tenancy
database, means the information is no longer accurate because—(a) for a listing made on the basis that a person owes a lessor an
amount that is more than the rental bond—the amount owed was
paid to the lessor within 3 months after the amount became due;or(b) for a listing made on the basis that a court or the ACAT has madean order terminating the residential tenancy agreement—theorder has been set aside or revoked by a court or the ACAT.
personal information—(a) means information or an opinion, whether true or not, about—(i) an identified individual; or(ii) an individual whose identity can reasonably be worked out
from the information or opinion; and(b) includes an individual’s name.
rental bond, for a residential tenancy agreement—(a) means the amount (however described)—(i) paid by or for the tenant under the agreement to the lessor
under the agreement, the Territory or another entity at thedirection of the lessor; and(ii) intended to be available for the financial protection of thelessor against the tenant breaching the agreement; and(b) does not include rent paid in advance.
residential tenancy database means a database—(a) containing personal information—(i) relating to, or arising from, the occupation of premises
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Section 88(ii) entered into the database for reasons relating to, or arisingfrom, the occupation of premises under a residential
tenancy agreement; and(b) with an intended purpose of use by a lessor or lessor’s agent forchecking a person’s tenancy history for deciding whether aresidential tenancy agreement should be entered into with theperson.
88

Application—pt 7(1) This part does not apply to a residential tenancy database kept by anentity for use only by the entity or its officers, employees or agents.
(2) In this section:
entity includes the housing commissioner.

89

Notice of usual use of database(1) This section applies if—(a) a person (the applicant) applies to a lessor, or a lessor’s agent,
to enter into a residential tenancy agreement; and(b) the lessor, or the lessor’s agent, usually uses 1 or more
residential tenancy databases for deciding whether to enter intoa residential tenancy agreement with a person.
(2) The lessor, or the lessor’s agent must, when the application is made,give the applicant written notice of the following:(a) the name of each residential tenancy database the lessor or agent
usually uses, or may use, for deciding whether to enter into a
residential tenancy agreement with a person;(b) that the reason the lessor or agent uses a residential tenancy
database is for checking the applicant’s tenancy history;

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Section 90(c) for each residential tenancy database mentioned inparagraph (a)—how the applicant may contact and obtain
information from the database operator.
(3) Subsection (2) applies whether or not the lessor, or the lessor’s agent,intends to use a residential tenancy database for deciding whether toenter into a residential tenancy agreement with the applicant.
(4) However, the lessor, or the lessor’s agent, is not required to givenotice under subsection (2) if written notice of the matters mentioned
in that subsection was given to the applicant not more than 7 days
before the application is made.
Example—s (4)Serena is a lessor’s agent. When Sam collects an application form for tenancy of aresidential property, Serena gives Sam the written notice required under s (2). If
Sam lodges the completed form 5 days later, Serena does not need to provide noticeunder s (2) again.

90

Notice of listing if database used
(1) This section applies if—(a) a person (the applicant) applies to a lessor, or a lessor’s agent,
to enter into a residential tenancy agreement; and(b) the lessor, or the lessor’s agent, uses a residential tenancy
database to check whether personal information about theapplicant is in the database; and(c) personal information about the applicant is in the database.
(2) The lessor, or the lessor’s agent, must, as soon as possible but within
7 days after using the residential tenancy database, give the applicant
written notice of the following:(a) the name of the residential tenancy database;(b) that personal information about the applicant is in the database;page 144

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Section 91(c) the name of each person who listed personal information in the
database and is identified in the database;(d) how and in what circumstances the applicant can have thepersonal information removed or amended under this part.
91

Listing can be made only for certain breaches by certain
people(1) A lessor, lessor’s agent or database operator must not list personal
information about a person in a residential tenancy database unless—(a) the person was named as a tenant in a residential tenancy
agreement that has ended; and(b) the person has breached the agreement; and(c) because of the breach, either—(i) the person owes the lessor an amount that is more than therental bond for the agreement; or(ii) a court or the ACAT has made an order terminating theresidential tenancy agreement; and(d) the personal information—(i) relates only to the breach; and(ii) is accurate, complete and unambiguous.
(2) Without limiting subsection (1) (d) (ii), the personal information must
indicate the nature of the breach.
Example—indication of nature of breach

Personal information in a residential tenancy database indicates the nature of thebreach if it includes a reference to the following:

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by failing to pay rent; or•‘damage to premises’—for a person who has breached a residential tenancy
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Section 92

92

Further restriction on listing(1) A lessor, lessor’s agent or database operator must not list personal
information about a person in a residential tenancy database unlessthe lessor, agent or operator—(a) has, without charging a fee—(i) given the person a copy of the personal information; or(ii) taken other reasonable steps to disclose the personal
information to the person; and(b) has given the person at least 14 days to review the personal
information and make submissions—(i) objecting to its entry into the database; or(ii) about its accuracy, completeness and clarity; and(c) has considered any submissions made.
(2) Subsection (1) does not apply if the lessor, lessor’s agent or database
operator cannot locate the person after making reasonable enquiries.
(3) Subsection (1) (b) and (c) do not apply—(a) to information that, at the time of listing, is contained in publicly
available court or tribunal records; or(b) to a listing involving only an amendment of personal
information under section 93.
Ensuring quality of listing—lessor’s or agent’s obligation

93(1) This section applies if a lessor, or lessor’s agent, who lists personal
information in a residential tenancy database becomes aware that the
information is inaccurate, incomplete, ambiguous or out of date.

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Section 94(2) The lessor, or lessor’s agent, must, within 7 days, give written noticeof the following to the database operator:(a) if the information is inaccurate, incomplete, or ambiguous—(i) that the information is inaccurate, incomplete, orambiguous; and(ii) how the information must be amended so that it is nolonger inaccurate, incomplete, or ambiguous;(b) if the information is out of date—that the information is out ofdate and must be removed.
Example—par (a)Darren owes his landlord Tabitha an amount that is more than the rental bondpaid under the residential tenancy agreement. Tabitha lists the unpaid
amount in a residential tenancy database. Darren pays Tabitha the amountowed more than 3 months after it was due to be paid. Within 7 days of
becoming aware of the payment, Tabitha must give the database operator
written notice of—•the personal information being inaccurate; and•the details of the payment to be included in the personal information sothat it is no longer inaccurate.

(3) The lessor, or lessor’s agent, must keep a copy of the notice for 1 year
after it is given.
Ensuring quality of listing—database operator’s
obligation

94(1) This section applies if a lessor, or lessor’s agent, who has listed
personal information in a residential tenancy database gives the
database operator a written notice stating that the personal
information must be—(a) amended in a stated way to make it accurate, complete andunambiguous; or(b) removed.

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Section 95(2) The database operator must amend the personal information in thestated way, or remove the personal information, within 14 days after
the operator is given the notice.
95

Providing copy of personal information listed(1) A lessor, or lessor’s agent, who lists personal information about aperson in a residential tenancy database must give the person a copyof the information if—(a) the person asks for the information in writing; and(b) if the lessor, or lessor’s agent, charges a fee for giving theinformation—the fee has been paid.
(2) A database operator who keeps personal information about a person
in a residential tenancy database must give the person a copy of theinformation if—(a) the person asks for the information in writing; and(b) if the operator charges a fee for giving the information—the fee
has been paid.
(3) A lessor, lessor’s agent or database operator who is required to give
personal information under this section must give the information to
the person within 14 days after the later of—(a) the day the person asks for the information in writing; and(b) if a fee is charged for giving the information—the day the fee is
paid.
(4) A fee charged by a lessor, lessor’s agent or database operator forgiving personal information under this section—(a) must not be excessive; and(b) must not apply to lodging a request for the information.

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Section 96

96

Notifying relevant non-parties of tribunal order about
listing(1) This section applies if—(a) the ACAT makes an order that a person must, in relation to aresidential tenancy database—(i) amend personal information in a stated way; or(ii) remove all or some personal information about a person;
and(b) the person against whom that order is made (the relevant
person) is not a party to the proceeding.
(2) The ACAT must give a copy of the order to the relevant person,
within 14 days after the day the order is made.

97

Keeping personal information listed(1) A database operator must not keep personal information about aperson in the operator’s residential tenancy database for longer
than—(a) 3 years; or(b) if, under the Territory privacy principles or Australian Privacy
Principles, the database operator is required to remove theinformation before the end of the 3-year period mentioned inparagraph (a)—the period ending when the information must be
removed under the Territory privacy principles or AustralianPrivacy Principles.
(2) However, a database operator may keep a person’s name in theoperator’s residential tenancy database for longer than the periods
stated in subsection (1) if—(a) other personal information about the person in the database isattached to the person’s name; andR77
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Section 98(b) the other personal information is not required to be removed
under subsection (1) or another law.
ExampleLarry Tate is listed in a residential tenancy database in relation to two breaches ofresidential tenancy agreements. The first breach occurred 3 years ago. The second
breach occurred 2 years ago. The database operator is required under s 97 (1) toremove the reference to the first breach from the database. Larry may still be listed
in the database because the second breach occurred 2 years ago.

(3) This section does not limit the operation of another provision in thispart or another law that requires the removal of personal information.
(4) In this section:
Australian Privacy Principles means the principles stated in the
Privacy Act 1988 (Cwlth), schedule 1.
Territory privacy principles means the principles stated in the
Information Privacy Act 2014, schedule 1.
98

Application to ACAT about contravention(1) A person who claims that personal information about the person has
been listed in a residential tenancy database in contravention of thispart may apply to the ACAT about the listing of the information.
(2) The application must be made within 6 months after the day the
person becomes aware of the listing of the personal information in theresidential tenancy database.
(3) If the ACAT decides there has been a contravention of a provision ofthis part, it may—(a) order a person to take stated steps to remedy the contravention;or(b) make any other order it considers appropriate.
Notepage 150

If the ACAT makes an order under this part, it may also ordercompensation under s 101.

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Section 99

99

Application to ACAT about certain personal information
listed in residential tenancy database(1) If personal information about a person is listed in a residential tenancy
database, the person may apply to the ACAT for an order under thissection.
(2) The ACAT may order a listing person to—(a) remove stated personal information from the database; or(b) amend the personal information in the database.
(3) The ACAT may make the order only if satisfied—(a) the personal information is inaccurate, incomplete, ambiguous
or out-of-date; or(b) the listing of the personal information is unjust in thecircumstances, having regard to—(i) the reason for the listing of the person’s personal
information; and(ii) the person’s involvement in the acts or omissions giving
rise to the listing of the personal information; and(iii) the adverse consequences suffered, or likely to be suffered,by the person because of the listing of the personal
information; and(iv) any other relevant matter.
Examples—par (b)

1

2

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Information about Endora is listed in a residential tenancy database because ofdamage caused to premises by Endora’s domestic partner during a family
violence incident. Because of the listing of the information, Endora cannot
obtain appropriate and affordable accommodation.
Information about Maurice is listed in a residential tenancy database because
rent remained unpaid by Maurice for 4 months after it was payable. Duringthat period, Maurice was in hospital recovering from a serious accident andunable to make arrangements for payment.

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Section 100(4) In this section:
listing person means a lessor, lessor’s agent, database operator orsomeone else.
100

Application to ACAT about proposed listing of personal
information(1) A person who is aware that a listing person intends to list personal
information about the person in a residential tenancy database may
apply to the ACAT for an order under this section.
(2) The ACAT may—(a) order the listing person not to list the person’s personal
information in the residential tenancy database; or(b) order the listing person not to list the person’s personal
information except with stated changes or on stated conditions;or(c) make any other order it considers appropriate.
(3) The ACAT may make the order only if satisfied that, if the personal
information were listed as proposed, the ACAT could make an orderin relation to the personal information under section 98 or section 99.
(4) In this section:
listing person—see section 99.

101

Order for compensation(1) This section applies if the ACAT makes an order against a person
under this part.
(2) The ACAT may also make an order requiring the person to pay to astated person, within a stated period, an amount the ACAT considers
appropriate as compensation for the loss or damage caused by listing
personal information in a residential tenancy database.

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Section 101(3) The amount of compensation must not be more than—(a) $5 000; or(b) if another amount is prescribed by regulation—that amount.

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Part 8

Registration of standard guarantee contract for commercial guarantee

Section 102

Part 8102

Registration of standard
guarantee contract forcommercial guarantee
Meaning of commercial guarantee and standard
guarantee contract
In this Act:
commercial guarantee, in relation to a residential tenancy agreement,
means a contract or arrangement between the lessor, the tenant and athird party—(a) that is in addition to or in place of a bond; and(b) under which the third party, for a fee, benefit or reward, gives aguarantee or indemnity to the lessor for the performance of thetenant’s obligations under the residential tenancy agreement.
standard guarantee contract means a form of contract for acommercial guarantee.

103

Application for registration of standard guarantee
contract(1) A person may apply to the commissioner for fair trading, on or after
a day declared by the Minister, to register a standard guarantee
contract for a commercial guarantee.
(2) The application must—(a) be in writing; and(b) include the applicant’s name, address, email address and phone
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Section 104(c) include any information prescribed by regulation.
Note 1

It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (seeCriminal Code, pt 3.4).

Note 2A fee may be determined under s 134 for this provision.

(3) A declaration under subsection (1) is a notifiable instrument.
Note

104

A notifiable instrument must be notified under the Legislation Act.

Commissioner must decide application(1) Within 30 days after the day the application is received, thecommissioner for fair trading must—(a) register the standard guarantee contract; or(b) register the standard guarantee contract subject to conditions; or(c) refuse to register the standard guarantee contract.
Note

Failure to decide the application within the required time is taken to be adecision not to register the applicant (see ACT Civil and Administrative
Tribunal Act 2008, s 12).

(2) Before making a decision under subsection (1), the commissioner
may ask an applicant to give the commissioner, within a stated time,
information about the applicant or about the standard guarantee
contract, that the commissioner reasonably needs to decide theapplication.
(3) If the applicant does not give the commissioner the information
requested under subsection (2), the commissioner may refuse toregister the standard guarantee contract.

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Section 105(4) If the commissioner refuses to register the standard guarantee
contract, or registers the standard guarantee contract subject toconditions, the applicant may apply to the ACAT for a review of thedecision.

105

Note 1

The commissioner for fair trading must take reasonable steps to give areviewable decision notice to any person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67A).

Note 2

The requirements for reviewable decision notices are prescribed underthe ACT Civil and Administrative Tribunal Act 2008.

Register of standard guarantee contracts(1) The commissioner for fair trading must keep a register of standard
guarantee contracts.
(2) The register must include—(a) the business name and the trading name of the person who hasregistered a standard guarantee contract; and(b) any information prescribed by regulation.
(3) The register may include any other information the commissioner forfair trading believes will improve consumer protection.
(4) The register may be kept in any form, including electronically, thatthe commissioner decides.
(5) The commissioner must make the register available to the public.
Note

106

The Territory privacy principles (the TPPs) apply to the commissioner
for fair trading (see Information Privacy Act 2014, sch 1). The TPPs deal
with the collection, storage and exchange of personal information.

Relationship to Australian Consumer Law (ACT)This part and section 16 (3) do not affect the operation of theAustralian Consumer Law (ACT).

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MiscellaneousPart 9Section 126

Part 9126

Miscellaneous
Declared crisis accommodation provider(1) The Minister may declare an entity to be a crisis accommodation
provider in relation to stated accommodation (crisis
accommodation).
(2) However, the Minister must not make the declaration in relation toaccommodation unless satisfied that the entity—(a) provides, or intends to provide, the accommodation as
emergency accommodation for people in crisis; and(b) provides, or intends to provide, information to people
accommodated in the accommodation, whether on or before
termination, about alternative accommodation and, if
appropriate, other services.
(3) A declaration is a notifiable instrument.
Note

127

A notifiable instrument must be notified under the Legislation Act.

Death of co-tenant
If 1 of 2 or more co-tenants under a residential tenancy agreement
dies, the agreement continues to operate—(a) with the remaining co-tenant as the sole tenant; or(b) if there are 2 or more remaining co-tenants—with the remaining
co-tenants.

127A

Transfer of public housing under will
(1) A public housing tenancy agreement may provide that the tenant must
not give the tenant’s rights under the agreement by will to anotherperson who is not an occupant of the premises.

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Part 9Miscellaneous

Section 128(2) If a person takes possession of public housing premises under a will,
the housing commissioner may apply to the ACAT to adjust the rent,or terminate the agreement.
(3) In considering an application under subsection (2), the ACAT musthave regard to the eligibility criteria under relevant approved housing
assistance programs under the Housing Assistance Act 2007.
128

Purported co-tenancy, assignment or subletting(1) This section applies if, in contravention of this Act, a tenant under aresidential tenancy agreement for premises purports to—(a) consent to a person becoming a co-tenant under the agreement;or(b) assign the tenant’s interest under the agreement; or(c) sublet the premises.
(2) The purported co-tenancy, assignment or subletting is unenforceable
and the person living in premises under the purported co-tenancy,
assignment or subletting, does so as a licensee only.
(3) Subsection (2) does not apply to a co-tenancy, assignment or
subletting of premises in accordance with a term of the residential
tenancy agreement endorsed by the ACAT.

131

Proceedings by children(1) A proceeding under this Act may be started by a child as if the childwere an adult.
(2) The rules in force under the Court Procedures Act 2004 that apply in
relation to the approval of settlements and compromises, and amounts
ordered or agreed to be paid, in a civil proceeding brought in the
Magistrates Court by a child apply in relation to a proceeding brought
under this Act by a child.

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MiscellaneousPart 9Section 132(3) The rules mentioned in subsection (2) apply as if all necessarychanges, and any changes prescribed by regulation, were made.
132

Enforcing agreements by or against children
A party to a residential tenancy agreement is not prevented fromenforcing the agreement against another party only because either
party is a child.

133

Approved forms—Minister(1) The Minister may approve forms for this Act (other than in relation
to proceedings before the ACAT).
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
(3) An approved form is a notifiable instrument.
Note

134

A notifiable instrument must be notified under the Legislation Act.

Determination of fees
(1) The Minister may determine fees for this Act.
Note

The Legislation Act contains provisions about the making ofdeterminations and regulations relating to fees (see pt 6.3).

(2) A determination is a disallowable instrument.
Note

136

A disallowable instrument must be notified, and presented to theLegislative Assembly, under the Legislation Act.

Regulation-making power(1) The Executive may make regulations for this Act.
Note

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A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.

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Part 9Miscellaneous

Section 136(2) A regulation may make provision in relation to the following:(a) the keeping of records;(b) tenancy databases;(c) commercial guarantees, including the following:(i) grounds for registering, applying a condition to, or refusing
to register a standard guarantee contract;(ii) a matter that must be included in, or excluded from, acommercial guarantee;(iii) requirements in relation to reporting on, record keeping forand the administration of commercial guarantees;(iv) if a person has registered a standard guarantee contract—
information that the person must give to another person
before entering into a commercial guarantee with the otherperson;(v) amending, renewing, ending or suspending the registrationof a standard guarantee contract.
Notepage 160

Power to make a statutory instrument (including a regulation) includes
power to make different provision in relation to different matters or
different classes of matters, and to make an instrument that applies
differently by reference to stated exceptions or factors(see Legislation Act, s 48).

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Transitional—Residential Tenancies Legislation Amendment Act 2023

Part 19
Section 163

Part 19163

Transitional—Residential
Tenancies Legislation
Amendment Act 2023
Notice to vacate served before commencement day
continues in force(1) This section applies if—(a) a lessor serves a notice to vacate on the tenant under clause 94
of the standard residential tenancy terms before thecommencement day; and(b) the tenant has not vacated the premises.
(2) The notice to vacate continues in force despite the repeal of clause 94.
(3) Clauses 94 and 95 of the standard residential tenancy terms as in force
immediately before the commencement day continue to apply to thenotice to vacate despite the repeal of the clauses.
(4) In this section:commencement day means the day the Residential Tenancies
Legislation Amendment Act 2023, section 44 commences.
163A

Fixed term agreement entered into before
commencement day(1) This section applies to a fixed term agreement entered into before thecommencement day.
(2) Despite section 8 (1) (a) (i), the agreement does not include clause 94
and clause 95 of the standard residential tenancy terms as in force at
any time before the commencement day.
(3) In this section:commencement day—see section 163 (4).

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Part 19

Transitional—Residential Tenancies Legislation Amendment Act 2023

Section 164

164

Expiry—pt 19
This part expires 2 years after the day the Residential Tenancies
Legislation Amendment Act 2023, section 44 commences.
Note

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A transitional provision is repealed on its expiry but continues to haveeffect after its repeal (see Legislation Act, s 88).

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Standard residential tenancy terms

Schedule 1

Schedule 1

Standard residential tenancy
terms(see s 8)

Lessor and tenant must comply with terms of tenancy agreement
1(1) This tenancy agreement is made under the Residential Tenancies
Act 1997 (the Residential Tenancies Act).
(2) The lessor and the tenant may agree to add additional clauses tothe tenancy agreement but they must not be inconsistent with, ormodify, existing clauses (except if permitted by the Act).

2

By signing this tenancy agreement, the lessor and the tenant
agree to be bound by its terms during the period of the tenancy
it creates.

3

A party to this tenancy agreement cannot contract out of it or outof the provisions of the Residential Tenancies Act, except asprovided in that Act.

4

A fixed term tenancy must be for the single period specified in
the tenancy agreement.

5

A periodic tenancy includes a tenancy that is not specified to be
for a fixed term, including such a tenancy which commences on
the expiration of a fixed term tenancy.

6

A reference in this tenancy agreement to a notice to vacate and anotice of intention to vacate is taken to be a reference to atermination notice under the Residential Tenancies Act.

Costs and procedures for establishing tenancy agreement
7

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The lessor bears the cost of preparation and execution of thistenancy agreement.

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Schedule 1

Standard residential tenancy terms

8

The tenant is responsible for any legal costs that the tenant incurs
in relation to preparation and execution of this tenancy
agreement.

9

The lessor must give a copy of the proposed tenancy agreement
to the tenant before the commencement of the tenancy.

10

The tenancy agreement must be signed by the tenant and by thelessor (or by their authorised agents).

11

The lessor must give a copy of the tenancy agreement, signed byeach party, to the tenant as soon as possible after it has beensigned by each party, but no later than 3 weeks after the tenant
has returned a signed copy.

12

If the lessor does not return the tenancy agreement to the tenant,as provided by clause 11, the tenancy agreement has full effectin the terms signed by the tenant on occupation of the premises
or acceptance of rent.

Information
13(1) The lessor must provide to the tenant a copy of an information
booklet about residential tenancies authorised by the
director-general before the commencement of this agreement.
(2) If it is not possible to provide the tenant with a booklet, the lessor
must inform the tenant of the booklet and where it may beobtained.
(3) If the premises are a unit within the meaning of the Unit Titles
Act 2001, the lessor must give the tenant a copy of the owners
corporation’s rules before the commencement of this agreement.

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Standard residential tenancy terms

Schedule 1

Bond and condition report
Maximum bond
14

Payment of a bond is not necessary unless required by the lessor.

15

Only 1 bond is payable for the tenancy created by this tenancy
agreement.

16

The amount of the bond must not exceed the amount of 4 weeks
rent.

Lodgment of the bond with the Office of Rental Bonds
17

If the lessor requires a bond, the bond must be lodged with the
Office of Rental Bonds.

18

Either party may lodge the bond with the Office of Rental Bonds.

If the lessor and tenant agree that the tenant is to lodge the bond
19

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If the parties agree that the tenant is to lodge the bond, thefollowing applies:(a)the tenant, or the lessor on the tenant’s behalf, mustcomplete the bond lodgment form provided by the Officeof Rental Bonds and lodge the form with the Office;(b)

the tenant must lodge the bond with the Office of Rental
Bonds in the way permitted by the Office;(c)the lessor may require lodgment of the bond before thelessor gives possession of the premises to the tenant and if
this is the case, the tenant must be able to take possessionof the premises and receive the keys to the premises as soon
as the tenant provides the lessor with evidence of lodgmentof the bond or the Office of Rental Bonds notifies the lessor
that the bond was received by the Office.

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Schedule 1

Standard residential tenancy terms

If the lessor is to lodge the bond20

If the lessor is to lodge the bond, the following applies:(a)on receiving the bond, the lessor must give the tenant a
receipt for the bond;(b)the lessor must complete the bond lodgment form provided
by the Office of Rental Bonds and lodge the form with the
Office;Note(c)

Under the Electronic Transactions Act 2001, s 8 (1),information required to be in writing may be given
electronically in certain circumstances.

the lessor must lodge the bond with the Office of Rental
Bonds in the way permitted by the Office within—(i) the later of 2 weeks after receiving the bond and thecommencement of the tenancy; or(ii) if the lessor’s real estate agent lodges the bond—thelater of 4 weeks after receiving the bond and thecommencement of the tenancy.

Condition Report
21(1) Within 1 day of the tenant taking possession of the premises, thelessor must give 2 copies of a condition report completed by thelessor to the tenant.
(2) The condition report must be on, or to the effect of, the condition
report form published by the Territory.

22(1) The tenant must examine the report and indicate on the report
the tenant’s agreement or disagreement with the items.
(2) Within 2 weeks after the day the tenant receives the report, thetenant must return 1 copy of the report to the lessor, signed by
the tenant and indicating the tenant’s agreement or disagreementwith the report or parts of the report.

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Standard residential tenancy terms

23

Schedule 1

The lessor must keep the condition report for a period of not lessthan 1 year after the end of the tenancy.

End of tenancy—inspection and condition report
23A(1) At the end of the tenancy, an inspection of the premises must be
carried out in the presence of the lessor and tenant.
(2) A condition report based on the inspection must be completed in
the presence of, and signed by, the lessor and tenant.
(3) A party may complete and sign a condition report in the absenceof the other party if the party has given the other party areasonable opportunity to be present when the report iscompleted and signed.

Rent and other charges
Rent and bond only as payment for the tenancy
24

The lessor must not require any payment other than rent or bondfor the following:(a)the granting, extension, transfer or renewal of a tenancy orsubtenancy;(aa)consenting to—(i) a person becoming a co-tenant; or(ii) a co-tenant stopping being a party to the tenancy
agreement;(b)vacating of premises;(c)obtaining a key to the premises;(d)information on the availability of tenancies.

Holding deposits
25

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The Residential Tenancies Act prohibits the taking of holding
deposits.
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Schedule 1

Standard residential tenancy terms

Payment of rent
26(1) The tenant must pay the rent on time.
(2) The tenant must not use the bond money to pay the rent for thelast weeks of the tenancy.
(3) The tenant and the lessor may agree to change the way rent is
paid (including, for example, where the rent is paid or whether
it is to be paid into a nominated bank account or whether it is tobe paid in person).
(4) The tenant and lessor may agree that rent is to be paid
electronically.

27

The lessor must not require the tenant to pay rent by postdated
cheque.

Maximum rent in advance28

The lessor must not require an amount of rent paid in advance
greater than 2 weeks or a longer period nominated by the tenant.

Rent receipts
29

If rent is paid in person to the lessor or a real estate agent, areceipt must be given at that time.

30

In other circumstances where rent is paid to the lessor, a receipt
must be provided or sent by post within 1 week of its receipt.

31(1) A receipt for payment of rent must specify the amount paid.
(2) A receipt should specify the following:

page 168(a)the date of payment;(b)

the period in relation to which the payment is made;(c)the premises in relation to which the payment is made;(d)whether the payment is for bond or rent.

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Standard residential tenancy terms

Schedule 1(3) If these particulars are not included in the receipt, the lessor must
provide this information to the tenant within 4 weeks of a request
by the tenant.
32

A receipt is not required if the rent is paid by the tenant directly
into an account nominated by the lessor or real estate agent.

Rent records
33(1) The lessor must keep, or cause to be kept, records of the paymentof rent.
(2) Those records must be retained for a period of not less than
12 months after the end of the tenancy.

Increase in rent
34

The amount of rent must not vary from period to period except
as provided by this tenancy agreement and the Residential
Tenancies Act.

35

The rent may not be increased at intervals of less than 12 months
from either the beginning of the tenancy agreement for the firstincrease, or after that, from the date of the last increase.

36(1) This clause applies if—(a)the housing commissioner is the lessor under this tenancy
agreement; and(b)the commissioner has decided to increase the rent after areview of rent under the Housing Assistance Act 2007,section 23.

(2) Despite clause 35, the housing commissioner may increase therent.
(3) However, if a previous review of rent has been undertaken, theincrease under subclause (2) must not take effect earlier
than 1 year after the date the last rent increase for the premises
took effect.
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Schedule 1

Standard residential tenancy terms

37

The restriction on increase in rent applies provided the identityof at least 1 of the tenants who occupy the premises remains thesame as at the time of the last increase.

Review of excessive rent increases
38

The lessor must give the tenant 8 weeks written notice ofintention to increase the rent and include in the notice theamount of the increase, and the date when it is proposed toincrease the rent.

39(1) The tenant may apply in writing to the tribunal for review of anexcessive increase in rent (time limits for applying and themeaning of excessive is set out in the Residential Tenancies
Act).
(2) On such application being made, no increase in rent is payable
until so ordered by the tribunal.

40

If the tenant remains in occupation of the premises without
applying to the tribunal for review, the increase in rent takes
effect from the date specified in the notice.

41

If the tenant wishes to vacate the premises before the increase
takes effect, the tenant must give 3 weeks notice to the lessor.

Lessor’s costs
42

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The lessor is responsible for the cost of the following:(a)rates and taxes relating to the premises;(b)

services for which the lessor agrees to be responsible;(c)services for which there is not a separate metering device
so that amounts consumed during the period of the tenancy
cannot be accurately decided;(d)all services up to the time of measurement or reading at the
beginning of the tenancy;

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Standard residential tenancy terms

(e)

43

Schedule 1

all services after reading or measurement at the end of thetenancy providing the tenant has not made any use of theservice after the reading.

(1) The lessor must pay for any physical installation of services(eg water, electricity, gas, telephone line).
(2) The tenant is responsible for the connection of all services thatwill be supplied in the tenant’s name.

44

The lessor must pay the annual supply charge associated with the
supply of water or sewerage.

45

If the premises are a unit under the Unit Titles Act 2001, thelessor is responsible for all owners corporation charges.

Tenant’s costs
46

The tenant is responsible for all charges associated with theconsumption of services supplied to the premises, including
electricity, gas, water and telephone.

47

The tenant is not required by the lessor to connect or continue atelephone service.

Reading of metered services
48(1) The lessor is responsible for undertaking or arranging all
readings or measurement of services, other than those that areconnected in the name of the tenant.
(2) The lessor must provide the tenant with an opportunity to verify
readings and measurements.

49

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If the lessor does not arrange reading or measurement of aservice connected in the name of the lessor by the day after thedate of expiry of notice to vacate given in accordance with thistenancy agreement or the Residential Tenancies Act, the lessor
is be responsible for payment of the unread or unmeasured
service after the date of the last reading or measurement.

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Schedule 1

50

Standard residential tenancy terms(1) If the tenant vacates the premises without giving notice before
departure, the lessor must arrange a reading or measurement ofservices connected in the lessor’s name within a reasonable timeof the lessor becoming aware of the departure of the tenant.
(2) The tenant is responsible for payment of services to the date ofthat reading or measurement.

Tenant’s use of the premises without interference
51

The lessor guarantees that there is no legal impediment to the useof the premises for residential purposes by the tenant.

52

The lessor must not cause or permit any interference with thereasonable peace, comfort or privacy of the tenant in the use by
the tenant of the premises.

53

Unless otherwise agreed in writing, the tenant has exclusive
possession of the premises, as described in the agreement, fromthe date of commencement of the tenancy agreement provided
for in the agreement.

Lessor to install and maintain smoke alarms
Lessor to install and maintain smoke alarms
53A(1) The lessor must install and maintain smoke alarms in thepremises.
(2) The installation of the smoke alarms must comply with therequirements prescribed by regulation for the Residential
Tenancies Act, section 11B.

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Standard residential tenancy terms

Schedule 1

Lessor to make repairs
Lessor to provide premises in a reasonable state at the start of thetenancy54(1) At the start of the tenancy, the lessor must ensure that thepremises, including furniture, fittings and appliances (unless
excluded from the tenancy agreement), are—(a)

fit for habitation; and(b)reasonably clean; and(c)in a reasonable state of repair; and(d)reasonably secure.

(2) An exclusion must be in writing and may, but need not, be
included in the tenancy agreement (if in writing).
(3) The lessor or the tenant may change locks (at their own cost
unless otherwise agreed) with the agreement of the other party(which will not be unreasonably withheld).
(4) The lessor or the tenant may change locks (at their own cost) inan emergency without the agreement of the other party.
(5) If the tenant, or a person living at the premises, is a protected
person in relation to an interim or final order made under the
Family Violence Act 2016 or the Personal Violence Act 2016,
the tenant or person may change locks (at their own cost)without the agreement of the other party.
(6) If a lock is changed, a copy of the key to the changed lock must
be provided to the other party as soon as possible unless doing
so would affect the safety of a protected person.

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Standard residential tenancy terms

Lessor to make repairs
55(1) The lessor must maintain the premises in a reasonable state of
repair having regard to their condition at the commencement of
the tenancy agreement.
(2) The tenant must notify the lessor of any need for repairs.
(3) This section does not require the tenant to notify the lessor about
anything that an ordinary tenant would reasonably be expected
to do, for example, changing a light globe or a fuse.

56

The lessor is not obliged to repair damage caused by the
negligence or wilful act of the tenant.

57

Subject to clause 55, the lessor must make repairs, other thanurgent repairs, within 4 weeks of being notified of the need forthe repairs (unless otherwise agreed).

Repairs in unit title premises
58

If the premises are a unit under the Unit Titles Act 2001, and thetenant’s use and enjoyment of the premises reasonably requires
repairs to the common property, the lessor must take all steps
necessary to require the owners corporation to make the repairs
as quickly as possible.

Urgent repairs
59

The tenant must notify the lessor (or the lessor’s nominee) of theneed for urgent repairs as soon as practicable, and the lessor
must, subject to clause 82, carry out those repairs as soon asnecessary, having regard to the nature of the problem.

60

The following are urgent repairs in relation to the premises, orservices or fixtures supplied by the lessor:

page 174(a)a burst water service;(b)a blocked or broken lavatory system;

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Standard residential tenancy terms

Schedule 1(c)a serious roof leak;(d)a gas leak;(e)a dangerous electrical fault;(f)flooding or serious flood damage;(g)

serious storm or fire damage;(h)a failure of gas, electricity or water supply to the premises;(i)the failure of a refrigerator supplied with the premises;(j)a failure or breakdown of any service on the premises
essential for hot water, cooking, heating, cooling orlaundering;(k)a fault or damage that causes the residential premises to beunsafe or insecure;(l)a fault or damage likely to cause injury to person orproperty;(m)a serious fault in any door, staircase, lift or other common
area that inhibits or unduly inconveniences the tenant ingaining access to and use of the premises.

Tenant may authorise urgent repairs in certain circumstances
61

If the lessor (or the lessor’s nominee) cannot be contacted, orfails to effect the urgent repairs within a reasonable time, thetenant may arrange for urgent repairs to be effected to a
maximum value of up to 5% of the rent of the property over a
year.

62

The following procedures apply to urgent repairs arranged by thetenant:(a)

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the repairs arranged by the tenant must be made by thequalified tradesperson nominated by the lessor in thetenancy agreement;
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Schedule 1

Standard residential tenancy terms(b)

if the lessor has not nominated a tradesperson, or thenominated tradesperson cannot be contacted or isotherwise unavailable—the repairs must be performed bya qualified tradesperson of the tenant’s choosing;(c)if the repairs are arranged by the tenant in accordance withthese procedures—the lessor is liable for the cost of repairs
and the tradesperson may bill the lessor direct;(d)if the tenant does not act in strict compliance with thisclause—the tenant is personally liable for the cost of any
urgent repairs arranged by the tenant.

Premises must comply with minimum housing standards
62A

The lessor must ensure the premises comply with the minimum
housing standards applying to the premises.
Note A regulation may prescribe minimum housing standards forpremises, including in relation to physical accessibility, energy
efficiency, safety and security, sanitation or amenity (see Residential
Tenancies Act, s 19A (1)).

Tenant to look after the premises
The tenant must take reasonable care of the premises and keep thepremises reasonably clean
63

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During the tenancy, the tenant must—(a)

not intentionally or negligently damage the premises or
permit such damage; and(b)notify the lessor of any damage as soon as possible; and(c)take reasonable care of the premises and their contents, andkeep them reasonably clean, having regard to theircondition at the time of the commencement of the tenancy
and the normal incidents of living.

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Schedule 1

63A

The tenant must replace the battery in a smoke alarm installed in
the premises whenever necessary.

64

The tenant must leave the premises—

65

(a)

in substantially the same state of cleanliness, removing all
the tenant’s belongings and any other goods brought onto
the premises during the duration of the tenancy agreement;
and

(b)

in substantially the same condition as the premises were inat the commencement of the tenancy agreement, fair wear
and tear excepted.

The lessor must not require the tenant to make alterations,improvements or renovations to the premises.

Tenant of unit to comply with owners corporation’s rules
66(1) If the premises are a unit under the Unit Titles Act 2001—(a)the tenant must comply with the owners corporation’s rules
and with any notice served in accordance with the rules;
but

(b)

need not comply with the rules to the extent that they areinconsistent with the standard residential tenancy terms inthis agreement.

(2) However, if the owners corporation’s rules include a rule aboutkeeping animals in the unit, the tenant must comply with therule.
Tenant must make no alterations and must not add any fixtures or
fittings without the consent of lessor
67

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12/12/23(1) The tenant must not, without the lessor’s written consent, makeany renovation, alteration or addition to the premises (time limits
for the lessor to refuse consent to special modifications are set
out in the Residential Tenancies Act).

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Schedule 1

Standard residential tenancy terms(2) The lessor may give consent subject to a reasonable condition,
including a requirement that the tenant use a suitably qualified
tradesperson to undertake—(a)the renovation, alteration, or addition; and(b)

any restoration at the end of the tenancy.

(3) Unless otherwise agreed, the tenant is liable for the cost of any
renovation, alteration or addition to the premises.
(4) Unless otherwise agreed, at the end of the tenancy the tenant is
responsible for restoring the premises to substantially the same
condition as the premises were in at the commencement of theresidential tenancy agreement, fair wear and tear excepted.
(5) The lessor and tenant may agree that any renovation, alteration
or addition to the premises remains in place at the end of theresidential tenancy agreement.
68(1) The tenant must not add any fixtures or fittings to the premises
without the consent of the lessor.
(2) The lessor’s consent must not be unreasonably withheld.
(3) The tenant must make good any damage to the premises onremoval of any fixtures and fittings.
(4) Any fixtures or fittings not removed by the tenant before thetenant leaves the premises becomes the property of the lessor.

Tenant must not use the premises for illegal purposes and must
not disturb the neighbours
69

page 178

Unless otherwise agreed in writing, the tenant must only use thepremises for residential purposes.

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70

The tenant must not:(a)

use the premises, or permit them to be used, for an illegal
purpose; or
Note

71

Schedule 1

The ACAT must not make a termination and possession
order for a breach of this term unless satisfied of certain
matters (see Residential Tenancies Act, s 48 (3) and (4)).

(b)

cause or permit nuisance; or(c)interfere, or permit interference, with the quiet enjoymentof the occupiers of nearby premises.

The tenant must not leave the premises vacant for more than
3 weeks without notifying the lessor.

Tenant must not sell, dispose of, or sublet tenancy without consent
of lessor
72(1) The tenant must not assign or sublet the premises or any part ofthem without the written consent of the lessor.
(2) Consent may be given at any time.
(3) No rights in relation to the premises may be created in any third
party before consent is obtained from the lessor.

Co-tenant may leave tenancy agreement
72A(1) A co-tenant may stop being a party to the tenancy agreement—(a)with the consent of the lessor and each remaining co-tenant
under the agreement; or(b)by order of the tribunal under the
Tenancies Act, section 35G (1) (a) or (d).

Residential(2) The co-tenant must seek the consent of the lessor and eachremaining co-tenant—(a)R77
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by notice in writing; andResidential Tenancies Act 1997
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Schedule 1

Standard residential tenancy terms(b)

at least 21 days before the day the co-tenant intends to stop
being a party to the tenancy agreement (time limits for thelessor or each remaining co-tenant to refuse consent are set
out in the Residential Tenancies Act).

(3) If consent is given to the co-tenant to stop being a party to thetenancy agreement—(a)the agreement continues between the lessor and theremaining co-tenants; and(b)the tenant’s rights and obligations under the agreement
end.

Becoming a new co-tenant to existing tenancy agreement
72B(1) Another person may become a co-tenant under the tenancy
agreement—(a)with the consent of the lessor and each other co-tenant; or(b)under the Residential Tenancies Act, section 35D.

(2) An existing tenant must seek the consent of the lessor and anyother co-tenant—(a)by notice in writing; and(b)

at least 14 days before the day the person wants to becomea co-tenant (time limits for the lessor or each otherco-tenant to refuse consent are set out in the Residential
Tenancies Act).

(3) If the person becomes a co-tenant—page 180(a)the agreement continues with the person becoming a
co-tenant with the existing co-tenants; and(b)the existing co-tenants must give the person a copy of thecondition report for the premises not later than the day after
the person becomes a co-tenant.

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Schedule 1(4) This clause does not apply to a tenancy agreement in relation toa social housing dwelling or crisis accommodation.
Tenant may be responsible for damage or other breach of tenancy
agreement by visitors or guests
73

74

The tenant is personally responsible for the actions or omissionsof visitors, guests or other people on the premises if:(a)the action or omission would if performed by the tenant
have constituted a breach of this tenancy agreement; and(b)the person is on the premises with the permission of thetenant.

The tenant is not personally responsible for the actions oromissions of a person who is on the premises:(a)at the request of the lessor; or(b)

to assist the lessor perform any of the duties of the lessor
under this tenancy agreement (whether at the request of thelessor or the tenant); or(c)

without the consent of the tenant.

Keeping animals on premises
74A(1) The tenant may keep an animal, or allow an animal to be kept,
on the premises.
(2) The residential tenancy agreement may require the tenant toobtain the lessor’s prior written consent to keep an animal, or
allow an animal to be kept, on the premises (time limits for thelessor to refuse consent are set out in the Residential Tenancies
Act).

74B

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The tenant is responsible for any repairs or additional
maintenance to the premises required as a consequence of
keeping an animal on the premises.

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Lessor’s access to premises
Lessor cannot enter premises except as provided in tenancy
agreement
75(1) The lessor must not require access to the premises during thetenancy except as provided by the law, this tenancy agreement,
the Residential Tenancies Act, or an order of the tribunal.
(2) The tenant may permit access to the premises by the lessor at anytime.
(3) If requested, the lessor or the lessor’s agent must provide
identification to the tenant.

76

The lessor must not have access to the premises—(a)on Sundays; or(b)on public holidays; or(c)before 8 am and after 6 pm;other than—(d)for the purpose of carrying out urgent repairs or for healthor safety reasons in relation to the premises; or(e)with the consent of the tenant.

Access in accordance with tenancy agreement
Routine inspections
77

The lessor may inspect the premises twice in each period of
12 months following the commencement of the tenancy.

78

In addition to the inspections provided for in the previous clause,the lessor may make an inspection of the premises—

page 182(a)within 1 month of the commencement of the tenancy; and(b)in the last month of the tenancy.

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79

Schedule 1(1) The lessor must give the tenant 1 week written notice of aninspection.
(2) The inspection must take place at a time agreed between theparties with reasonable regard to the work and othercommitments both of the tenant and of the lessor (or theiragents).
(3) If the parties are unable to agree on an appropriate time, thelessor or the tenant may apply to the tribunal for an orderpermitting access at a specified time.

Access for purchasers and new tenants
80

The tenant must permit reasonable access to the premises during
the period of 3 weeks before the end of the tenancy, on the lessor
giving 24 hours notice, to allow inspection of the premises byprospective tenants.

81

The tenant must permit reasonable access to the premises, on thelessor giving 48 hours notice, to allow inspection of the premises
by prospective purchasers of the premises, but only if—

81A

(a)

the lessor intends to sell the premises; and(b)the lessor has previously notified the tenant in writing of
the lessor’s intention to sell.

(1) The tenant must not unreasonably refuse an inspection of thepremises by a prospective purchaser.
(2) However, a tenant is not required to agree to more than 2
inspections a week.
(3) The inspection must take place at a time agreed between theparties with reasonable regard to the work and othercommitments both of the tenant and of the lessor (or theiragents).

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Schedule 1

Standard residential tenancy terms(4) If the parties are unable to agree on an appropriate time, thelessor or the tenant may apply to the tribunal for an orderpermitting access at a stated time.
Access for making or inspecting repairs or complying withminimum housing standards
82(1) On giving the tenant 1 week’s notice (or such other agreed
period), the lessor may enter the premises at a reasonable time,taking into account the interests of the tenant and the lessor, forthe purpose of—(a)making or inspecting repairs; or(b)inspecting the premises to ensure the premises comply withthe minimum housing standards; or(c)undertaking work, or inspecting work undertaken, toensure the premises comply with the minimum housing
standards.

(1A) However, the lessor must only enter premises for the purpose of
an inspection, making repairs or undertaking work (the activity)
if, taking into account the nature of the activity, it is reasonable
and necessary to do so.
(2) For urgent repairs, the lessor must give reasonable notice andenter the premises at a reasonable time having regard to theinterests of the tenant and the lessor.
Notice to vacate by lessor
83

A notice to vacate must be in writing, in the form required by the
Residential Tenancies Act, and must include the following
information:(a)page 184

the address of the premises;

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Schedule 1(b)

the ground(s) on which the notice is issued, together with
sufficient particulars to identify the circumstances giving
rise to the ground(s);(c)

that the lessor requires the tenant to vacate the premises by
the expiry of the required notice period and that the tenancy
ends on the day that the tenant vacates the premises.

Notice of intention to vacate by tenant
84(1) If the tenant serves a notice of intention to vacate and vacates thepremises in accordance with the notice, the tenancy terminates
on the date of vacating the premises.
(2) On receiving a notice of intention to vacate, the lessor may—

85

(a)

accept the notice and accept that the tenancy ends on thedate nominated in the notice; or(b)apply to the tribunal for confirmation of the tenancy
agreement, an order for compensation or both.

The notice of intention to vacate must be in the same form andcontain the same information as a notice to vacate from thelessor except the notice must contain the statement that thetenant intends to vacate the premises on a certain date and thetenancy terminates on that date.

Termination where premises are not fit for habitation
86

R77
12/12/23(1) The lessor or the tenant may, by written notice, terminate thetenancy on a date specified in the notice on the following
grounds:(a)the premises are not fit for habitation;(b)

the premises are not available or will not be available
because of Government action within a period of 4 weeksof the date that notice is given.

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Schedule 1

Standard residential tenancy terms(2) However, a lessor or tenant must not terminate the tenancy undersubclause (1) only because the lessor has failed to comply withthe minimum housing standards applying to the premises.
Note A tenant may apply to the ACAT to terminate the tenancy if thelessor fails to comply with the minimum housing standards (seeResidential Tenancies Act, s 46AA).

87(1) In either case the lessor must give not less than 1 week’s noticeof termination of the tenancy, and the rent abates from the datethat the premises are uninhabitable.
(2) The tenant may give 2 days notice of termination of the tenancy.
(3) If neither the lessor nor the tenant give notice of termination of
the tenancy, the rent abates for the period that the premises areunable to be used for habitation, but the tenancy resumes when
they are able to be used again.

Termination of tenancy by tenant
Termination on or after end of fixed term
88(1) The tenant may give notice to terminate a periodic tenancy bygiving the lessor not less than 3 weeks notice of the date when
the tenant intends to vacate the premises.
(2) The tenancy ends on the date specified by the tenant.

89(1) The tenant may give notice to terminate a fixed term tenancy ator after the end of the tenancy by giving 3 weeks notice of thedate when the tenant intends to vacate the premises.
(2) The tenancy ends on the date specified by the tenant.

page 186

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Schedule 1

Termination for breach by lessor
90

91

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If the lessor breaches the tenancy agreement, and the tenant
wishes to terminate the tenancy agreement, the tenant may
either—(a)apply to the tribunal for an order terminating the tenancy;or(b)give the lessor written notice of intention to terminate thetenancy, in accordance with clause 91.

If the tenant decides to proceed by way of notice to the lessor,
the following procedures apply:(a)the tenant must give the lessor a written notice that thelessor has 2 weeks to remedy the breach if the breach iscapable of remedy;(b)

if the lessor remedies the breach within that 14-day
period—the tenancy continues;(c)if the lessor does not remedy the breach within the time
specified in the notice, or if the breach is not capable ofremedy—the tenant must give 2 weeks notice of intention
to vacate;(d)the tenancy agreement terminates on the date specified by
the tenant;(e)rent is payable to the date specified in the notice or to thedate that the tenant vacates the premises, whichever is thelater;(f)

if the lessor remedies the breach during the period of thenotice of intention to vacate—the tenant, at the tenant’s
option, may withdraw the notice or may terminate thetenancy agreement on the date specified in the notice byvacating the premises on that date.

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Schedule 1

Standard residential tenancy terms

Termination of tenancy by lessor
Termination for failure to pay rent
92

The tribunal may order the termination of the tenancy andeviction of the tenant on the ground of nonpayment of rent in thefollowing circumstances:(a)rent has been unpaid for 1 week. The first day of this period
concludes at midnight on the day when the unpaid rent was
due;

(b)

the lessor has served a notice to remedy on the tenant for
the failure to pay the rent, being a notice—(i) served not earlier than 1 week after the day when therent was due; and(ii) containing a statement that if the tenant pays the rent
outstanding to the date of payment within 7 days ofthe date of service of the notice to remedy, no further
action must be taken and the tenancy continues;

page 188(c)

if all rent is not paid within 1 week of the date of service ofthe notice to remedy—the lessor may then serve a notice tovacate on the tenant requiring the tenant to vacate thepremises within 2 weeks of service of the notice to vacate;(d)no earlier than the date when the notice to vacate is served,
the lessor may apply to the tribunal for an order terminating
the tenancy and evicting the tenant;(e)

the tribunal hearing of the application to terminate andevict must not be earlier than the end of the period specified
in the notice to vacate;(f)during any tenancy in which the lessor has previously
issued 2 notices to remedy, the lessor may serve a notice tovacate 1 week after the day when the rent has fallen due
without serving a notice to remedy.
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Schedule 1

Termination of tenancy for breach other than nonpayment of rent
93

The tribunal may order the termination of the tenancy andeviction of the tenant on the ground of breach of the tenancy
agreement in the following circumstances:(a)the lessor must serve a written notice requiring the tenant
within 2 weeks after the day of service to remedy thebreach if it is capable of remedy;(b)

if the breach is not remedied within 2 weeks after the dayof service or if the breach is not capable of remedy—the
lessor must give a notice to vacate the premises within 2
weeks after the date of service of the notice to vacate;(c)

if the tenant does not vacate the premises within the periodof 2 weeks after the date of service of a notice to vacate—
the lessor may apply to the tribunal for an order terminating
the tenancy and for the eviction of the tenant;(d)

if the tenant breaches the terms of the tenancy on
3 occasions on any ground—on the 3rd occasion the lessor
may serve a notice to vacate and need not give the tenant 2
weeks to remedy the breach.

Termination of periodic tenancy
96

R77
12/12/23(1) For a periodic tenancy, the lessor may give the tenant—(a)

if the lessor genuinely intends to live in the premises—8
weeks notice to vacate; or(b)

if the lessor genuinely believes the lessor’s immediate
relative intends to live in the premises—8 weeks notice tovacate; or(c)

if the lessor genuinely believes an interested person intends
to live in the premises—8 weeks notice to vacate; orResidential Tenancies Act 1997
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Schedule 1

Standard residential tenancy terms(d)if the lessor genuinely intends to sell the premises—8
weeks notice to vacate; or(e)

if the lessor genuinely intends to reconstruct, renovate or
make major repairs to the premises and the reconstruction,
renovation or repairs cannot reasonably be carried out withthe tenant living in the premises—12 weeks notice tovacate; or(f)

if the lessor genuinely requires the premises for a lawful
use other than as a home—26 weeks notice to vacate.

(2) A notice to vacate under this clause must be accompanied by
written evidence supporting the lessor’s reason for the notice.
Examples—written evidence

statutory declaration, development application, quotes from a tradesperson
for renovations, notice of decision from the housing commissioner(3) In this clause:
immediate relative, of the lessor, means a son, daughter, sonin-law, daughter-in-law, mother, father, mother-in-law, fatherin-law, brother, sister, brother-in-law or sister-in-law.
interested person, for a lessor, means a person who is not an
immediate relative of the lessor but who has a close family or
personal relationship with the lessor and who has a reasonable
expectation arising from that relationship that the lessor would
provide accommodation for the person.
97(1) If a tenant is required to vacate the premises in accordance withclause 96, the tenant may vacate the premises at any time during
the 2 weeks before the date specified in the notice to vacateprovided the tenant gives the lessor 4 days notice of intention tovacate.
(2) In this case, the tenancy terminates on the date that the tenant
vacates the premises.

page 190

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Schedule 1

Notices of address for service
98(1) At the commencement of the tenancy, the lessor and the tenantmust each give—(a)an address for service of termination notices; and(b)an address for service of other notices.

(2) If a person’s address for service changes during the tenancy, theperson must tell the other party about the new address within
2 weeks of the change.
99

On vacating the premises, the tenant must advise the lessor of aforwarding address.

100

If 2 or more people share a tenancy, except where this agreement
otherwise provides, they do so as co-tenants.

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Schedule 2

Additional terms for certain residential tenancy agreements

Section 2.1

Schedule 2

Additional terms for certain
residential tenancy agreements(see s 8)

2.1

Break lease fee clause

Termination before end of fixed term—fee for breaking lease101(1) If the tenant ends a fixed term agreement before the end of the
fixed term (other than for a reason provided for by the
Residential Tenancies Act or the agreement), the tenant must
pay a fee (a break fee) of the following amount:(a)

if the fixed term is 3 years or less—(i) if less than half of the fixed term has expired—
6 weeks rent; or(ii) in any other case—4 weeks rent;(b)

if the fixed term is more than 3 years—the amount agreed
between the lessor and tenant.

(2) The lessor agrees that the compensation payable by the tenant
for ending a fixed term agreement before the end of the fixed
term is limited to the amount of the break fee specified in
subclause (1).
(3) However, the lessor and tenant agree that if, within the defined
period after the tenant vacates the premises, the lessor enters intoa residential tenancy agreement with a new tenant, the amountpayable by the tenant is limited to—(a)page 192

the amount of the break fee under subclause (1) less theamount of rent payable by the new tenant for the defined
period; andResidential Tenancies Act 1997
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Section 2.2(b)if the tenant vacates the premises more than 4 weeks before
the end of the fixed term—the lessor’s reasonable costs(not exceeding the defined cost limit) of advertising thepremises for lease and of giving a right to occupy thepremises to another person.

(4) In this clause:
defined cost limit means—(a)

if half or more than half of the fixed term has expired—anamount equal to 2/3 of 1 week’s rent; or(b)

if less than half of the fixed term has expired—an amountequal to 1 week’s rent.

defined period means—(a)

if subclause (1) (a) (i) applies—6 weeks; or(b)if subclause (1) (a) (ii) applies—4 weeks; or(c)if subclause (1) (b) applies—N weeks.

N is the number worked out as follows:
break feeweekly rent payable at the time the tenant ends the agreement

2.2

Posting termination clause

Termination because of posting102(1) The tenancy agreement may be terminated—(a)R77
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if the lessor is posted to the ACT in the course of thelessor’s employment—by the lessor giving the tenant atleast 8 weeks notice to vacate the premises; orResidential Tenancies Act 1997
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Schedule 2

Additional terms for certain residential tenancy agreements

Section 2.3(b)if the tenant is posted away from the ACT in the course of
the tenant’s employment—by the tenant giving the lessor
at least 8 weeks notice of the tenant’s intention to vacate
the premises.

(2) A notice under subclause (1) must be accompanied by evidenceof the posting (for example, a letter from the employer of thelessor or tenant confirming the details of the posting).
(3) The residential tenancy agreement terminates—

2.3

(a)

8 weeks after the day the notice under subclause (1) isreceived; or(b)if a later date is stated in the notice—on the stated date.

Community housing provider termination clause

Termination by community housing provider if premises requiredby owner
103

page 194(1) For a periodic tenancy, the lessor may give the tenant—(a)

if the owner of the premises genuinely intends to sell thepremises—at least 8 weeks notice to vacate; or(b)

if the owner of the premises genuinely intends to live in thepremises—at least 8 weeks notice to vacate; or(c)

if the owner of the premises genuinely believes the owner’s
immediate relative intends to live in the premises—at least
8 weeks notice to vacate; or(d)if the owner of the premises genuinely believes aninterested person intends to live in the premises—at least
8 weeks notice to vacate; orResidential Tenancies Act 1997
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Section 2.3(e)

if the owner of the premises genuinely intends toreconstruct, renovate or make major repairs to the premises
and the reconstruction, renovation or repairs cannot
reasonably be carried out with the tenant living in thepremises—at least 12 weeks notice to vacate the premises;or(f)

if the owner of the premises is not the housingcommissioner and the owner genuinely intends to stopusing the premises for community housing—at least
26 weeks notice to vacate the premises.

(2) For a fixed term or periodic tenancy, the lessor may give thetenant at least 26 weeks notice to vacate the premises if the
housing commissioner—(a)is the owner of the premises; and(b)withdraws the premises in accordance with an approved
housing assistance program.

(3) A notice to vacate under this clause must be accompanied by
written evidence supporting the owner’s genuine intention or
belief for requiring the lessor to give the notice.
Examples—written evidence

statutory declaration, development application, quotes from a tradesperson
for renovations, notice of decision from the housing commissioner(4) If the tenant is given a notice to vacate under this clause, thetenant may vacate the premises at any time before the date statedin the notice to vacate (the lessor’s notice to vacate date)provided the tenant gives the lessor—

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date—at least 4 days notice of the tenant’s intention tovacate.

Residential Tenancies Act 1997
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Schedule 2

Additional terms for certain residential tenancy agreements

Section 2.4(5) The residential tenancy agreement terminates on the day thetenant vacates the premises.
(6) In this clause:
immediate relative, of the owner, means a son, daughter, sonin-law, daughter-in-law, mother, father, mother-in-law, fatherin-law, brother, sister, brother-in-law or sister-in-law.
interested person, for an owner, means a person who is not an
immediate relative of the owner but who has a close family or
personal relationship with the owner and who has a reasonable
expectation arising from that relationship that the owner would
provide accommodation for the person.

2.4

Public housing termination clauses

Termination if housing assistance cancelled or withdrawn
104(1) This clause applies if—(a)the tenant receives housing assistance under an approved
housing assistance program in relation to the tenancy(other than a rebate of rent); and(b)the housing commissioner decides—(i) after reviewing the tenant’s eligibility to receive thehousing assistance, that the tenant is no longer eligible
to receive the housing assistance under the program;or(ii) after the tenant fails to comply with a request for
information made by the housing commissioner inaccordance with the Housing Assistance Act 2007,section 25 (2) (a), to cancel the tenant’s housing
assistance under that Act, section 25 (3); andpage 196

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Section 2.4(c)the tenant is no longer able to ask for a review of the
housing commissioner’s decision.

(2) The lessor may give the tenant at least 26 weeks notice to vacate
the premises.
(3) If the notice to vacate is given because of subclause (1) (b) (ii)and the tenant gives the lessor the information in accordancewith the lessor’s request for information before the end of theperiod in the notice, the notice is taken to have been withdrawn.
(4) Subclause (5) applies if—(a)the tenant gives the lessor the information in accordancewith the lessor’s request for information before the end of
the period in the notice given under subclause (2); and(b)the housing commissioner decides, after reviewing thetenant’s eligibility to receive the housing assistance, thatthe tenant is no longer eligible to receive the housing
assistance under the program; and(c)the tenant is no longer able to ask for a review of the
housing commissioner’s decision.

(5) Despite subclause (1) (b) (i), the lessor may give the tenant
notice to vacate the premises provided that the notice is for thelater of—(a)R77
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the end of the period in the notice given undersubclause (2); andResidential Tenancies Act 1997
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Section 2.4(b)

12 weeks after notice is given under this subclause.

ExampleOn 1 July, Ziggy’s lessor gives Ziggy a notice to vacate because Ziggy did
not provide the lessor with information about Ziggy’s eligibility for housing
assistance within the required period. The notice to vacate gives Ziggy therequired 26 weeks notice, meaning Ziggy must vacate the premises by
30 December. On 1 August, Ziggy gives the lessor the information the lessor
requested and the first notice to vacate is taken to be withdrawn. Taking into
account the new information, the housing commissioner decides that Ziggy is
no longer eligible to receive the housing assistance. Ziggy does not seek
ACAT review of the commissioner’s decision. The lessor may give Ziggy asecond notice to vacate, but the second notice must not have a notice periodthat ends before 30 December.

(6) For this clause, a tenant is no longer able to ask for a review ofthe housing commissioner’s decision if—(a)the period in which the tenant may make an application forreview of the decision has ended and the tenant has notmade an application; or(b)

if the tenant applies for review of the decision—thecommissioner’s decision is confirmed.

(7) If the lessor gives a tenant a notice to vacate under this clause,
the tenant may vacate the premises at any time before the datestated in the lessor’s notice to vacate provided the tenant gives
the lessor—(a)at least 2 weeks notice of the tenant’s intention to vacate;or(b)in the last 2 weeks before the lessor’s notice to vacate
date—at least 4 days notice of the tenant’s intention tovacate.

(8) The residential tenancy agreement terminates on the day thetenant vacates the premises.

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Schedule 2
Section 2.4

Termination if tenant refuses transfer to alternate rental premises
105(1) This clause applies if—(a)the housing commissioner gives the tenant written noticein accordance with an approved housing assistanceprogram requiring the tenant to move to alternate rental
premises; and(b)the tenant has rejected, or failed to accept, an offer fromthe housing commissioner to enter into a tenancy
agreement for the alternate rental premises; and(c)the tenant is no longer able to ask for a review of the
housing commissioner’s decision to require the tenant tomove to the alternate rental premises.

(2) The lessor may give the tenant at least 26 weeks notice to vacate
the premises.
(3) To remove any doubt, this clause also applies if the housingcommissioner requires the tenant to move to alternate rental
premises when the tenant begins receiving ongoing housing
assistance after the tenant’s temporary housing assistance ends.
(4) For this clause, a tenant is no longer able to ask for a review ofa decision to require the tenant to move to alternate rental
premises if—

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if the tenant applies for review under the approved housing
assistance program of the decision—the commissioner’s
decision is confirmed.

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Section 2.5(5) If the lessor gives a tenant a notice to vacate under this clause,
the tenant may vacate the premises at any time before the datestated in the lessor’s notice to vacate provided the tenant gives
the lessor—(a)at least 2 weeks notice of the tenant’s intention to vacate;or(b)in the last 2 weeks before the lessor’s notice to vacate
date—at least 4 days notice of the tenant’s intention tovacate.

(6) The residential tenancy agreement terminates on the day thetenant vacates the premises.
Termination if tenant is party to 2 tenancies
106(1) This clause applies if—(a)the tenant agrees to move to alternate rental premises; and(b)the tenancy for the alternate premises has commenced inaccordance with the tenancy agreement.

(2) The lessor may give the tenant at least 1 week’s notice to vacate
the first premises.
(3) The residential tenancy agreement terminates on the day thetenant vacates the premises.

2.5

Temporary housing assistance termination
clauseTermination if tenant does not apply for ongoing housing
assistance
106A(1) This clause applies if—(a)page 200

the housing commissioner provides temporary housing
assistance to the tenant under an approved housing
assistance program because the tenant is a remaining
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Schedule 2
Section 2.5

occupant in the premises after a former tenant has stopped
living in the premises because they—(i) have died; or(ii) are physically unable to live in the premises; or(iii) are legally unable to live in the premises; or(iv) no longer wish to live in the premises; and(b)the tenant does not apply for ongoing housing assistanceunder an approved housing assistance program within
6 weeks after the start of the temporary housing assistance.

(2) The housing commissioner may give the tenant at least 26 weeks
notice to vacate the premises.
(3) A notice to vacate given under subclause (2) must include thefollowing information:(a)a statement that the tenant did not apply for ongoinghousing assistance under an approved housing assistanceprogram;(b)the name and contact details of a legal or advocacy service
that may be able to provide the tenant with advice about
the tenant’s legal rights;(c)

a statement that the notice will be withdrawn if the tenant
applies for ongoing housing assistance before the end of
the period stated in the notice.

(4) If the tenant applies for ongoing housing assistance under anapproved housing assistance program before the end of theperiod in the notice given under subclause (2), the notice is taken
to have been withdrawn.
(5) Subclause (6) applies if—

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Section 2.5(a)the tenant applies for ongoing housing assistance under anapproved housing assistance program before the end of theperiod in the notice given under subclause (2); and(b)the housing commissioner decides that the tenant is not
eligible for ongoing housing assistance under an approved
housing assistance program.

(6) Despite clause 107, the housing commissioner may give thetenant notice to vacate the premises provided that the notice isfor the later of—(a)the end of the period in the notice given undersubclause (2); and(b)

12 weeks after notice is given under this clause.

(7) If the housing commissioner gives a tenant a notice to vacate
under this clause, the tenant may vacate the premises at any time
before the date stated in the housing commissioner’s notice tovacate provided the tenant gives the housing commissioner—(a)at least 2 weeks notice of the tenant’s intention to vacate;or(b)in the last 2 weeks before the housing commissioner’s
notice to vacate date—at least 4 days notice of the tenant’s
intention to vacate.

(8) The residential tenancy agreement terminates on the day thetenant vacates the premises.
Termination if housing commissioner decides tenant not eligible
for ongoing housing assistance107(1) This clause applies if—(a)page 202

the housing commissioner provides temporary housing
assistance to the tenant under an approved housing
assistance program because the tenant is a remaining

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Schedule 2
Section 2.5

occupant in the premises after a former tenant has stopped
living in the premises because they—(i) have died; or(ii) are physically unable to live in the premises; or(iii) are legally unable to live in the premises; or(iv) no longer wish to live in the premises; and(b)the housing commissioner decides that the tenant is not
eligible for ongoing housing assistance under an approved
housing assistance program.

(2) The housing commissioner may give the tenant—(a)

if the housing commissioner makes the decision before thetenant’s temporary housing assistance ends—at least
26 weeks notice to vacate the premises; or(b)

if the housing commissioner makes the decision after thetenant’s temporary housing assistance ends—at least
12 weeks notice to vacate the premises.

(3) If the housing commissioner gives the tenant a notice to vacate
under this clause, the tenant may vacate the premises at any time
before the date stated in the housing commissioner’s notice tovacate provided the tenant gives the housing commissioner—(a)at least 2 weeks notice of the tenant’s intention to vacate;or(b)in the last 2 weeks before the housing commissioner’s
notice to vacate date—at least 4 days notice of the tenant’s
intention to vacate.

(4) The residential tenancy agreement terminates on the day thetenant vacates the premises.

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Additional terms for certain residential tenancy agreements

Section 2.6

2.6

Subsidised accommodation clauses

What are subsidised accommodation eligibility requirements?
108

For this agreement, subsidised accommodation eligibility
requirements, in relation to premises under a residential tenancy
agreement, means any rule or requirement against which—(a)the tenant’s eligibility to live in the premises will beassessable during the tenancy; or(b)the lessor’s eligibility to receive government funding or
assistance in relation to the premises will be assessable
during the tenancy.

Lessor’s obligations in relation to eligibility requirements
109

If a subsidised accommodation eligibility requirement isamended during the tenancy, the lessor must give the tenant a
copy of the amended requirements not later than 2 weeks after
the lessor is informed of or makes the amendments.

Tenant must provide information relating to eligibility requirements
110(1) The lessor may ask the tenant, in writing, to give the lessor any
information that is reasonably necessary for assessing—(a)the lessor’s or owner’s eligibility for government fundingor assistance for the premises; or(b)the tenant’s eligibility to live in the premises.

(2) If the lessor makes a request under subclause (1), the lessor must
give the tenant a reasonable period to comply with the request.
(3) The tenant agrees to give the lessor any information requested
under subclause (1) within the period stated in the lessor’s
request.
(4) A tenant’s failure to comply with subclause (3) is not taken to bea breach of this agreement.

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Schedule 2
Section 2.6

Termination if tenant fails to provide information relating toeligibility requirements
111(1) If the tenant does not give the lessor information in accordancewith the lessor’s request for information within the period statedin the lessor’s request, the lessor may give the tenant at least 26
weeks notice to vacate the premises.
(2) A notice to vacate given under subclause (1) must include thefollowing information:(a)a statement that the tenant did not give the lessor the
information requested by the lessor;(b)

the name and contact details of a legal or advocacy service
that may be able to provide the tenant with advice about
the tenant’s legal rights;(c)

a statement that the notice will be withdrawn if the tenant
gives the lessor the requested information before the end of
the period stated in the notice.

(3) If the tenant gives the lessor the information in accordance withthe lessor’s request for information before the end of the period
in the notice given under subclause (1), the notice to vacate istaken to have been withdrawn.
(4) Subclause (5) applies if—(a)the tenant gives the lessor the information in accordancewith the lessor’s request for information before the end of
the period in the notice given under subclause (1); and(b)under the subsidised accommodation
requirements for the premises—

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Section 2.6(ii) the lessor stops, or will stop, being eligible to receive
government funding or assistance to provide thepremises to the tenant.
(5) Despite clause 112, the lessor may give the tenant notice tovacate the premises provided that the notice is for the later of—(a)the end of the period in the notice given undersubclause (1); and(b)

12 weeks after notice is given under this subclause.

ExampleOn 1 July, Poppy’s lessor gives Poppy a notice to vacate because Poppy did
not provide the lessor with information about Poppy’s eligibility for
subsidised housing within the required period. The notice to vacate gives
Poppy the required 26 weeks notice, meaning Poppy must vacate the premisesby 30 December. On 1 August, Poppy gives the lessor the information thelessor requested and the first notice to vacate is taken to be withdrawn. Taking
into account the new information, the lessor determines that Poppy is nolonger eligible to live in the premises. The lessor may give Poppy a second
notice to vacate, but the second notice must not have a notice period that ends
before 30 December.

(6) A notice to vacate given under subclause (5) must include thename and contact details of a legal or advocacy service that may
be able to provide the tenant with advice about the tenant’s legal
rights.
(7) If the lessor gives a tenant a notice to vacate under this clause,
the tenant may vacate the premises at any time before the datestated in the lessor’s notice to vacate provided the tenant gives
the lessor—

page 206(a)

at least 2 weeks notice of the tenant’s intention to vacate;or(b)in the last 2 weeks before the lessor’s notice to vacate
date—at least 4 days notice of the tenant’s intention tovacate.

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Schedule 2
Section 2.6(8) The residential tenancy agreement terminates on the day thetenant vacates the premises.
Termination if tenant no longer eligible to live in premises
112(1) This clause applies if, under the subsidised accommodation
eligibility requirements for the premises—(a)the tenant stops, or will stop, being eligible to live in thepremises; or(b)the lessor stops, or will stop, being eligible to receive
government funding or assistance to provide the premises
to the tenant.

(2) The lessor may give the tenant notice to vacate the premises
provided that the notice is not less than the later of the following:(a)

26 weeks after the day the lessor gives the notice to thetenant;(b)

if the lessor gives the notice because the tenant has stopped,or will stop, being eligible to live in the premises—the day
the tenant stops being eligible to live in the premises;(c)

if the lessor gives the notice because the lessor has stopped,or will stop, being eligible to receive government fundingor assistance to provide the premises to the tenant—the day
the lessor stops being eligible for funding or assistance forthe premises.

(3) A notice to vacate must include the following information:

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if the lessor has stopped, or will stop, being eligible toreceive government funding or assistance to provide thepremises to the tenant—the reason why;

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Schedule 2

Additional terms for certain residential tenancy agreements

Section 2.6(c)the name and contact details of a legal or advocacy service
that may be able to provide the tenant with advice about
the tenant’s legal rights.

(4) If the lessor gives a tenant a notice to vacate under this clause,
the tenant may vacate the premises at any time before the datestated in the lessor’s notice to vacate provided the tenant gives
the lessor—(a)at least 2 weeks notice of the tenant’s intention to vacate;or(b)in the last 2 weeks before the lessor’s notice to vacate
date—at least 4 days notice of the tenant’s intention tovacate.

(5) The residential tenancy agreement terminates on the day thetenant vacates the premises.

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Dictionary

Dictionary(see s 2)

Note

The Legislation Act contains definitions relevant to this Act.
For example:
•

ACAT

•

Australian Consumer Law (ACT)•building code•

calendar month•commissioner for fair trading•

corporation•

Criminal Code•director-general (see s 163)•

domestic partner (see s 169 (1))•

entity•expire•fail•health practitioner•

housing commissioner•

human rights commission•

individual

•

month

•

police officer•

public holiday

•

sign

•

statutory instrument (see s 13)•

territory law•

working day.

ACAT trust account—see the ACT Civil and Administrative Tribunal
Act 2008, section 115B (2).
affected residential premises—see the Dangerous Substances
Act 2004, section 47I.
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Dictionary

affected residential premises register—see
Substances Act 2004, section 47P.

theDangerous

agent, for part 7 (Residential tenancy databases)—see section 87.
assignee, in relation to a residential park agreement, for division 5B.3
(Assignment of interests)—see section 71K (1).
assignor, in relation to a residential park agreement, for division 5B.3
(Assignment of interests)—see section 71K (1).
bond means an amount paid or payable by a tenant as security for the
performance of the tenant’s obligations under a residential tenancy
agreement.
bond release application, for division 3.4 (Release of bond money)—see section 32.
class, of building—see the Building Act 2004, dictionary.
commercial guarantee—see section 102.
co-tenant—see section 6AA.
crisis accommodation—see section 126.
database, for part 7 (Residential tenancy databases)—see section 87.
database operator, for part 7 (Residential tenancy databases)—seesection 87.
defective termination notice means a notice that—(a) if there is a form approved under section 133 (Approved
forms—Minister) for a termination notice—is not in theapproved form; or(b) if there is no form approved under section 133—does notcontain the information required by the standard residential
tenancy terms; or(c) is not given in accordance with this Act.

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Dictionary

Note

A reference to an Act includes a reference to the statutory
instruments made or in force under the Act (see Legislation Act,s 104).

education provider—means an entity mentioned in the Education
Act 2004, table 9A, column 3.
eligible impacted property—see the Civil Law (Sale of Residential
Property) Act 2003, section 9A (1).
energy efficiency rating means the energy efficiency rating containedin an energy efficiency rating statement.
energy efficiency rating statement—see the
Occupations (Licensing) Act 2004, section 123AC.

Construction

family violence order—see the Family Violence Act 2016, dictionary.
fixed term agreement means a residential tenancy agreement underwhich a tenant has a right of occupation for a fixed term.
former lessor, in relation to a residential tenancy agreement that has
been terminated, means the person who was the lessor while theagreement was in force.
former tenant, in relation to a residential tenancy agreement that has
been terminated, means the person who was the tenant while theagreement was in force.
grantor—see section 71A.
housing assistance, in relation to a tenant—see the Housing
Assistance Act 2007, section 7.
inaccurate, in relation to personal information in a residential
tenancy database, for part 7 (Residential tenancy databases)—seesection 87.
lessor—see section 5.
list, in relation to personal information in a residential tenancy
database, for part 7 (Residential tenancy databases)—see section 87.

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Dictionary

manufactured home means a structure, other than a caravan or tent,
that—(a) has the character of residential premises; and(b) is designed, built or manufactured to be transported from 1 place
to another for use as a home; and(c) is not permanently attached to land.
minimum housing standards—see section 19A (1).
minor modification, to premises under a residential tenancy
agreement, for part 5AA—see section 71AA.
mobile home means a motor vehicle, caravan or other trailer, or otherregistrable vehicle under the Road Transport (Vehicle Registration)
Act 1999 that is used as a home.
mobile home park means land lawfully used for the purpose ofaccommodating mobile homes or caravans, and includes a caravanpark or camping ground.
occupancy agreement—see section 71C.
occupancy dispute—see section 73.
occupancy principles—see section 71EA.
occupant—see section 71B.
operator, of a residential park, for part 5B (Residential parks)—seesection 71H.
out of date, in relation to personal information in a residential tenancy
database, for part 7 (Residential tenancy databases)—see section 87.
payment order—see section 49A (2).
periodic agreement means a residential tenancy agreement that is nota fixed term agreement.
personal information, for part 7 (Residential tenancy databases)—see section 87.
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Dictionary

personal protection order—see the Personal Violence Act 2016,
dictionary.
premises includes—(a) any habitable structure, whether it is fixed to the land or not; and(b) part of any premises; and(c) any land, buildings or structures belonging to the premises.
protected person, for division 6.5A (Powers and decisions of
ACAT—protection orders)—see section 85.
protection order means—(a) a protection order under the Family Violence Act 2016; orNote

The def protection order includes, among other things, an interim
or final protection order (see Family Violence Act 2016, dict).

(b) a personal protection order under the Personal Violence
Act 2016.
publish, forsection 10A.

division

2.2(Precontractual

obligations)—see

registered community housing provider—see the Community
Housing Providers National Law (ACT), section 4 (1).
Note

The Community Housing Providers National Law (ACT) Act 2013, s 7
applies the Community Housing Providers National Law set out in theCommunity Housing Providers (Adoption of National Law) Act 2012
(NSW), appendix as if it were an ACT law called the Community Housing
Providers National Law (ACT).

registrar means the registrar of the ACAT.
rental bond, for a residential tenancy agreement, for part 7(Residential tenancy databases)—see section 87.

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Dictionary

residential park—(a) means land that includes—(i) sites for accommodating manufactured homes or mobile
homes; and(ii) common areas and facilities for the use of people
occupying the manufactured homes or mobile homes; and(b) includes a caravan park or camping ground.
residential park agreement, for part 5B (Residential parks)—seesection 71H.
residential tenancy agreement—see section 6A.
residential tenancy database, for part 7 (Residential tenancy
databases)—see section 87.
respondent, for division 6.5A (Powers and decisions of ACAT—
protection orders)—see section 85.
site agreement, for part 5B (Residential parks)—see section 71H.
social housing dwelling means premises provided by the housingcommissioner or a registered community housing provider under anapproved housing assistance program under the Housing AssistanceAct 2007.
special modification, to premises under a residential tenancy
agreement, for part 5AA—see section 71AA.
standard guarantee contract—see section 102.

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Dictionary

standard residential tenancy terms—(a) means—(i) the standard residential tenancy terms mentioned inschedule 1; and(ii) any additional term mentioned in schedule 2 that, under
section 8 (1) (b) to (g), is taken to be included in a
residential tenancy agreement; but(b) does not include a term mentioned in section 8 (1) (h).
temporary housing assistance—see the Housing AssistanceAct 2007, dictionary.
tenancy dispute—see section 72.
tenant—see section 6.
termination and possession order means an order of the tribunal
terminating a residential tenancy agreement and granting vacantpossession of the relevant premises to the lessor.
termination notice means a written notice that—(a) if there is a form approved under section 133 (Approved
forms—Minister) for a termination notice—is in the approved
form; and(b) if there is no form approved under section 133—contains theinformation required by the standard residential tenancy terms;
and(c) is served in accordance with this Act.
tribunal, for schedule 1, means the ACAT.
trust account means the trust bank account maintained by the
director-general of the administrative unit responsible foradministering this Act in accordance with the Financial Management
Act 1996, section 51.

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Endnotes
1

About the endnotes

Endnotes
1

About the endnotes
Amending and modifying laws are annotated in the legislation history and theamendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 areannotated in the amendment history. Full details of any amendments can beobtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The detailsof these laws are underlined in the legislation history. Uncommenced expiries areunderlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumberedprovisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.

2

Abbreviation key
A = Act
AF = Approved form
am = amended
amdt = amendment
AR = Assembly resolutionch = chapter
CN = Commencement noticedef = definition
DI = Disallowable instrument
dict = dictionary
disallowed = disallowed by the Legislative
Assembly
div = division
exp = expires/expired
Gaz = gazettehdg = heading
IA = Interpretation Act 1967
ins = inserted/added
LA = Legislation Act 2001
LR = legislation register
LRA = Legislation (Republication) Act 1996
mod = modified/modification

page 216

NI = Notifiable instrumento = orderom = omitted/repealed
ord = ordinanceorig = original
par = paragraph/subparagraphpres = present
prev = previous(prev...) = previously
pt = partr = rule/subrulereloc = relocatedrenum = renumbered
R[X] = Republication No
RI = reissues = section/subsection
sch = schedule
sdiv = subdivision
SL = Subordinate law
sub = substituted
underlining = whole or part not commenced
or to be expired

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Legislation history

3

Legislation history
Residential Tenancies Act 1997 A1997-84
notified 25 November 1997 (Gaz 1997 No S360)
s 1, s 2 commenced 25 November 1997 (s 2 (1))
remainder commenced 25 May 1998 (s 2 (3))
as amended by
Legal Practitioners (Consequential Amendments) Act 1997 A1997-96
sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Residential Tenancies (Amendment) Act 1997 A1997-122
notified 24 December 1997 (Gaz 1997 No S420)
ss 1-3 commenced 24 December 1997 (s 2 (1))
remainder commenced 31 March 1999 (s 2 (2))
Residential Tenancies (Amendment) Act 1998 A1998-5
notified 25 May 1998 (Gaz 1998 No S150)
s 4, s 8 commenced 1 July 1998 (s 2 (2))
remainder commenced 25 May 1998 (s 2 (1))
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999
A1999-22 pt 12
notified 14 April 1999 (Gaz 1999 No S16)
s 1, s 2 commenced 14 April 1999 (s 2 (1))
pt 12 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)
Law Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
sch 3 commenced 10 November 1999 (s 2)
Justice and Community Safety Legislation Amendment Act 2000
A2000-1 sch
notified 9 March 2000 (Gaz 2000 No 10)
s 1, s 2 commenced 9 March 2000 (s 2 (1))
amdts commenced 9 September 2000 (s 2 (3))

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Endnotes
3

Legislation history

Justice and Community Safety Legislation Amendment Act 2000
(No 3) A2000-17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)Unit Titles Consequential Amendments Act 2001 A2001-17 sch 2
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
sch 2 commenced 5 October 2001 (s 2)Legislation (Consequential Amendments) Act 2001 A2001-44 pt 332
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 332 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)Legislation Amendment Act 2002 A2002-11 pt 2.42
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.42 commenced 28 May 2002 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2002
A2002-27 pt 13
notified LR 9 September 2002
s 1, s 2 commenced 9 September 2002 (LA s 75)
pt 13 commenced 7 October 2002 (s 2 (2))
Statute Law Amendment Act 2002 A2002-30 pt 3.61
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.61 commenced 17 September 2002 (s 2 (1))
Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48
sch 2 pt 2.12
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
sch 2 pt 2.12 commenced 30 April 2004 (s 2 and LA s 79)

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Construction Occupations Legislation Amendment Act 2004
A2004-13 sch 2 pt 2.24
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.24 commenced 1 September 2004 (s 2 and see
Construction Occupations (Licensing) Act 2004 A2004-12, s 2 andCN2004-8)
Residential Tenancies Amendment Act 2004 A2004-58 (as am by
A2005-20 sch 3 pt 3.51)
notified LR 8 September 2004
s 1, s 2 commenced 8 September 2004 (LA s 75 (1))
sch 1 commenced 1 January 2006 (s 2 (3))
remainder commenced 8 March 2005 (s 2 (1) and LA s 79)
Court Procedures (Consequential Amendments) Act 2004 A2004-60
sch 1 pt 1.65
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.65 commenced 10 January 2005 (s 2 and see Court
Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.51
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.51 taken to have commenced 8 March 2005 (s 2 (2))
NoteThis Act only amends the Residential Tenancies Amendment
Act 2004 A2004-58.

Residential Tenancies Amendment Act 2005 A2005-39
notified LR 31 August 2005
s 1, s 2 commenced 31 August 2005 (LA s 75 (1))
s 7, s 25, s 26 commenced 1 January 2006 (s 2 and CN2005-24)
remainder commenced 28 February 2006 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2005
(No 3) A2005-43 sch 1 pt 1.11
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))
sch 1 pt 1.11 commenced 1 October 2005 (s 2 (3) and CN2005-18)

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Criminal Code (Administration of Justice Offences) Amendment
Act 2005 A2005-53 sch 1 pt 1.28
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.28 commenced 23 November 2005 (s 2)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.33
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.33 commenced 24 November 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2005
(No 4) A2005-60 sch 1 pt 1.23
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.23 commenced 22 December 2005 (s 2 (4))
Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.7(as am by A2006-24 s 4)
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4)
Asbestos Legislation Amendment Act 2006 (No 2) A2006-24
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
remainder commenced 19 May 2006 (s 2)NoteThis Act only amends the Asbestos Legislation Amendment
Act 2006 A2006-16.

Justice and Community Safety Legislation Amendment Act 2006
A2006-40 sch 1 pt 1.12, sch 2 pt 2.28
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 1 pt 1.12 commenced 19 October 2006 (s 2 (3))
sch 2 pt 2.28 commenced 29 September 2006 (s 2 (1))
Housing Assistance Act 2007 A2007-8 sch 1 pt 1.8
notified LR 10 May 2007
s 1, s 2 commenced 10 May 2007 (LA s 75 (1))
sch 1 pt 1.8 commenced 10 November 2007 (s 2 and LA s 79)

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Justice and Community Safety Legislation Amendment Act 2008
A2008-7 sch 1 pt 1.19
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.19 commenced 7 May 2008 (s 2)
Justice and Community Safety Legislation Amendment Act 2008
(No 2) A2008-22 sch 1 pt 1.9
notified LR 8 July 2008
s 1, s 2 commenced 8 July 2008 (LA s 75 (1))
sch 1 pt 1.9 commenced 29 July 2008 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.50
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.50 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 A2008-36 sch 1 pt 1.44
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.44 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.89
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.89 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Justice and Community Safety Legislation Amendment Act 2009
A2009-7 sch 1 pt 1.9
notified LR 5 March 2009s 1, s 2 commenced 5 March 2009 (LA s 75 (1))
sch 1 pt 1.9 commenced 6 March 2009 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2009
(No 2) A2009-19 pt 15
notified LR 1 September 2009s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
pt 15 commenced 29 September 2009 (s 2)

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Justice and Community Safety Legislation Amendment Act 2009
(No 3) A2009-44 sch 1 pt 1.14
notified LR 24 November 2009s 1, s 2 commenced 24 November 2009 (LA s 75 (1))
sch 1 pt 1.14 commenced 22 December 2009 (s 2 (3))
Construction Occupations Legislation Amendment Act 2010 (No 2)
A2010-32 pt 6
notified LR 1 September 2010
s 1, s 2 commenced 1 September 2010 (LA s 75 (1))
s 3 commenced 18 February 2011 (LA s 75AA)
pt 6 commenced 1 March 2011 (s 2 and LA s 79)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.133
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.133 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.29
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.29 commenced 21 September 2011 (s 2 (1))
Residential Tenancies (Databases) Amendment Act 2011 A2011-31
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
remainder commenced 29 February 2012 (s 2 and LA s 79)
Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.11
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
sch 5 pt 5.11 commenced 30 March 2012 (s 2 and CN2012-6)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.35
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.35 commenced 5 June 2012 (s 2 (1))

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Justice and Community Safety Legislation Amendment Act 2013
A2013-7 sch 1 pt 1.6
notified LR 1 March 2013
s 1, s 2 commenced 1 March 2013 (LA s 75 (1))
sch 1 pt 1.6 commenced 4 March 2013 (s 2 and see Retirement
Villages Act 2012 A2012-38, s 2 and LA s 79)
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.18
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))
sch 3 pt 3.18 commenced 25 November 2013 (s 2)
Justice and Community Safety Legislation Amendment Act 2013
(No 4) A2013-45 sch 1 pt 1.3
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))
sch 1 pt 1.3 commenced 12 November 2013 (s 2)
Justice and Community Safety Legislation Amendment Act 2014
(No 2) A2014-49 sch 1 pt 1.14
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))
sch 1 pt 1.14 commenced 17 November 2014 (s 2)Dangerous Substances (Loose-fill Asbestos Eradication) Legislation
Amendment Act 2014 A2015-6 sch 1 pt 1.8
notified LR 31 March 2015
s 1, s 2 commenced 31 March 2015 (LA s 75 (1))
sch 1 pt 1.8 commenced 17 April 2015 (s 2 and CN2015-6)
Building (Loose-fill Asbestos Eradication) Legislation Amendment
Act 2015 A2015-42 pt 12
notified LR 5 November 2015
s 1, s 2 commenced 5 November 2015 (LA s 75 (1))
pt 12 commenced 13 November 2015 (s 2 (1) and CN2015-21)
Family Violence Act 2016 A2016-42 sch 3 pt 3.18 (as am by A2017-10
s 7)
notified LR 18 August 2016
s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
sch 3 pt 3.18 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)

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Residential Tenancies Legislation Amendment Act 2016 A2016-50
pt 2
notified LR 24 August 2016
s 1, s 2 commenced 24 August 2016 (LA s 75 (1))
s 19, s 23, s 24 and s 28 commenced 24 August 2017 (s 2 (1) (b))
pt 2 remainder commenced 24 August 2017 (s 2 (3))
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.25
notified LR 23 February 2017s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.25 commenced 9 March 2017 (s 2)
Justice and Community Safety Legislation Amendment Act 2017
A2017-5 sch 1 pt 1.8
notified LR 23 February 2017s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 1 amdt 1.17 commenced 24 August 2017 (s 2 (1) (a))
sch 1 amdt 1.18 commenced 24 August 2017 (s 2 (2) (a))
Family and Personal Violence Legislation Amendment Act 2017
A2017-10 s 7
notified LR 6 April 2017s 1, s 2 commenced 6 April 2017 (LA s 75 (1))
s 7 commenced 30 April 2017 (s 2 (1))
NoteThis Act only amends the Family Violence Act 2016
A2016-42.

Statute Law Amendment Act 2017 (No 2) A2017-28 sch 1 pt 1.3
notified LR 27 September 2017s 1, s 2 commenced 27 September 2017 (LA s 75 (1))
sch 1 pt 1.3 commenced 11 October 2017 (s 2)Residential Tenancies Amendment Act 2017 A2017-32
notified LR 7 November 2017s 1, s 2 taken to have commenced 14 September 2017 (LA s 75 (2))
sch 2 commenced 7 May 2018 (s 2 (2) and see LA s 79)
sch 3 commenced 24 February 2018 (s 2 (2), CN2018-2 and see
LA s 77 (3))
remainder taken to have commenced 14 September 2017 (s 2 (1))

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Residential Tenancies Amendment Act 2018 A2018-20
notified LR 14 June 2018s 1, s 2 commenced 14 June 2018 (LA s 75 (2))
s 3 commenced 15 June 2018 (LA s 75AA)
ss 6-8 commenced 15 June 2018 (s 2 (2))
remainder commenced 14 December 2018 (s 2 (1) and LA s 79)
Residential Tenancies Amendment Act 2019 A2019-5 pt 2
notified LR 4 March 2019s 1, s 2 commenced 4 March 2019 (LA s 75 (1))
pt 2 commenced 1 November 2019 (s 2 (1) and CN2019-18)
Justice and Community Safety Legislation Amendment Act 2019
A2019-17 pt 13
notified LR 14 June 2019s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 13 commenced 21 June 2019 (s 2)Residential Tenancies Amendment Act 2020 A2020-1
notified LR 25 February 2020
s 1, s 2 commenced 25 February 2020 (LA s 75 (1))
s 3 commenced 6 April 2020 (LA s 75AA)
s 4, s 20 commenced 6 April 2020 (s 2 and CN2020-9)
s 7, s 8 (so far as it inserts s 46A), s 15, s 24 commenced 5 May 2020(s 2 and CN2020-12)
remainder commenced 25 August 2020 (s 2 and LA s 79)
Unit Titles Legislation Amendment Act 2020 A2020-4 pt 10
notified LR 27 February 2020
s 1, s 2 commenced 27 February 2020 (LA s 75 (1))
pt 10 commenced 1 November 2020 (s 2 (1) and CN2020-11)
COVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.18
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))
sch 1 pt 1.18 commenced 8 April 2020 (s 2 (1))
COVID-19 Emergency Response Legislation Amendment Act 2020
A2020-14 sch 1 pt 1.27
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
sch 1 pt 1.27 commenced 14 May 2020 (s 2 (1))
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Loose-fill Asbestos Legislation Amendment Act 2020 A2020-20 pt 7
notified LR 27 May 2020
s 1, s 2 commenced 27 May 2020 (LA s 75 (1))
pt 7 commenced 1 July 2020 (s 2)
Justice Legislation Amendment Act 2020 A2020-42 pt 25
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 25 commenced 1 November 2020 (s 2 (4) and see Unit Titles
Legislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11)
Planning Legislation Amendment Act 2020 A2020-44 pt 4
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 4 commenced 27 February 2021 (s 2 (4))
Residential Tenancies Amendment Act 2020 (No 2) A2020-48 pt 2,
sch 2 pt 2.2
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))
s 18, s 42 commenced 4 September 2020 (s 2 (2))
pt 2 remainder commenced 3 March 2021 (s 2 (1) and LA s 79)
sch 2 pt 2.2 commenced 30 January 2022 (s 2 (3))
Justice and Community Safety Legislation Amendment Act 2021
A2021-3 pt 17
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
s 39 commenced 3 March 2021 (s 2 (2) and see Residential Tenancies
Amendment Act 2020 (No 2) A2020-48, s 2 (1) and LA s 79)
pt 17 remainder commenced 26 February 2021 (s 2 (1))
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.37
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.37 commenced 24 August 2022 (s 2)
Justice and Community Safety Legislation Amendment Act 2022
A2022-21 pt 8
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))
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Residential Tenancies Legislation Amendment Act 2023 A2023-5 pt 2
notified LR 27 March 2023
s 1, s 2 commenced 27 March 2023 (LA s 75 (1))
s 5, s 9, s 11, s 13, ss 15-18, ss 20-26, ss 29-35, s 38, ss 44-50,
ss 52-54, ss 56-60 commenced 1 April 2023 (s 2 (3) and CN2023-1)
pt 2 remainder commenced 1 April 2023 (s 2 (1))
Justice and Community Safety Legislation Amendment
Act 2023 (No 3) A2023-57 pt 14
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 14 commenced 12 December 2023 (s 2 (1))

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4

Amendment history
Title
title
Dictionary
s2

Notes
s3

page 228

sub A2004-58 s 4
om R1 LAins A2004-58 s 7
am A2010-32 s 38
sub A2004-58 s 7
def approved mediator sub A1998-5 s 4reloc to dict A2004-58 s 6
def bond reloc to dict A2004-58 s 6
def commissioner reloc to dict A2004-58 s 6
def director sub A1999-66 sch 3
om A2000-17 sch 1
def energy efficiency rating ins A1997-122 s 4
reloc to dict A2004-58 s 6
def energy efficiency rating statement ins A1997-122 s 4
om A2004-58 s 5
def fixed term agreement reloc to dict A2004-58 s 6
def former lessor reloc to dict A2004-58 s 6
def former tenant reloc to dict A2004-58 s 6
def lessor om A2004-58 s 5
def member of the tribunal reloc to dict A2004-58 s 6
def mobile home reloc to dict A2004-58 s 6
def mobile home park reloc to dict A2004-58 s 6
def party reloc to dict A2004-58 s 6
def periodic agreement reloc to dict A2004-58 s 6
def preliminary conference reloc to dict A2004-58 s 6
def premises reloc to dict A2004-58 s 6
def prescribed terms om A2004-58 s 5
def president reloc to dict A2004-58 s 6
def referee reloc to dict A2004-58 s 6
def registrar sub A1999-66 sch 3
reloc to dict A2004-58 s 6
def residential tenancy agreement om A2004-58 s 5
def retirement village om A2004-58 s 5
def tenancy dispute om A2004-58 s 5
def tenant om A2004-58 s 5
def termination and possession order reloc to dict A2004-58
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def termination notice am A2001-44 s 1.3632
reloc to dict A2004-58 s 6
def tribunal reloc to dict A2004-58 s 6
def trust account reloc to dict A2004-58 s 6
def working day om A2004-58 s 5
Offences against Act—application of Criminal Code etc
s 3A
ins A2005-54 amdt 1.229
Application of Act
s4
sub A2004-58 s 8
am A2005-60 amdt 1.126; A2012-21 amdt 3.131, amdt 3.132;
A2013-7 amdt 1.11; pars renum R41 LA
Objects of Act
s 4A

ins A2020-48 s 4

Meaning of residential tenancy agreement
pt 1A hdg
ins A2004-58 s 8
Who is a lessor?
s5
sub A2004-58 s 8
Who is a tenant?
s6
sub A2004-58 s 8
Who is a co-tenant?
s 6AA
ins A2020-48 s 5What is a residential tenancy agreement?
s 6A
ins A2004-58 s 8
am A2020-48 s 6, s 7
Residential tenancy agreement if agreement written and says it is residential
tenancy agreements 6B
ins A2004-58 s 8Residential tenancy agreement if agreement part of employment
s 6C
ins A2004-58 s 8
Certain kinds of agreements not residential tenancy agreementss 6D
ins A2004-58 s 8
Certain people given right of occupation not tenantss 6E
ins A2004-58 s 8
am A2020-48 s 8; pars renum R71 LA
Certain kinds of premises mean no residential tenancy agreement
s 6F
ins A2004-58 s 8
am A2013-44 amdt 3.169
om A2020-48 s 9

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When does residential tenancy agreement start?
s7
sub A2004-58 s 8Residential tenancy agreements
pt 2 hdg
sub A2004-58 s 8Terms of agreement
div 2.1 hdg(prev pt 2 div 1 hdg) renum R2 LA
sub A2004-58 s 8Terms included in residential tenancy agreements
s8
sub A2004-58 s 8
am A2005-39 s 4, s 5, s 7; pars renum R18 LA (see A2005-39s 6); A2008-36 amdt 1.595; A2016-50 s 4, s 5; A2017-5
amdt 1.17; pars renum R49 LA; A2019-5 s 4; A2020-1 s 4,
s 5; ss renum R65 LA
sub A2023-5 s 5
am A2023-57 s 35, s 36
Inconsistent tenancy terms voids 9 hdg
sub A2005-60 amdt 1.127
s9
sub A2004-58 s 8
am A2008-36 amdt 1.595
Endorsement of inconsistent tenancy terms by ACATs 10 hdg
sub A2005-60 amdt 1.128
am A2008-36 amdt 1.595
s 10
sub A2004-58 s 8
am A2005-39 s 8; A2007-8 amdt 1.19; A2008-36 amdt 1.595
Precontractual obligations
div 2.2 hdg(prev pt 2 div 2 hdg) renum R2 LA
Meaning of publish—div 2.2
s 10A
ins A2023-5 s 6Compliances 11

am A2022-14 amdt 3.201

Energy efficiency rating—advertisings 11A
ins A1997-122
sub A2005-54 amdt 1.230
am A2013-44 amdt 3.170; A2016-50 s 6; A2020-44 s 16;
A2023-5 s 7
Certain special conditions must be advertiseds 11AA
ins A2019-5 s 5Adaptable housing—advertisings 11AAA
ins A2020-4 s 47
am A2020-42 ss 133-135

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Minimum housing standards—advertising and disclosures 11ABins A2023-5 s 8
Lessor or agent must advertise rental rate for premisess 11ACins A2023-5 s 9
Lessor or agent must not solicit rent biddings 11AD
ins A2023-5 s 9
Smoke alarmss 11B

ins A2016-50 s 7
am A2017-28 amdt 1.4

Lessor’s obligationss 12
am A1997-122; A2004-13 amdt 2.89; A2004-58 amdt 2.1,
amdt 2.2; A2005-39 s 9, s 10; A2006-16 amdt 1.48;
A2011-28 amdt 3.209; A2020-4 s 48; A2020-42 s 136;
A2022-21 s 21; A2023-5 ss 10-13; A2023-57 s 37; pars
renum R77 LA
Agent’s obligationss 14
am A2022-14 amdt 3.202
Consideration
div 2.3 hdg(prev pt 2 div 3 hdg) renum R2 LA

Rent or a bond onlys 15
am A2005-39 s 11; A2007-8 amdt 1.19; A2008-36 amdt 1.595;
A2012-21 amdt 3.133; A2017-32 amdt 1.1, amdt 1.2;
A2017-32 amdt 2.1, amdt 2.2; A2020-48 s 10; pars renum
R71 LA
Alternative to a bond—guarantee or indemnitys 16
am A2017-32 amdt 1.3; A2017-32 amdt 2.3
Alternative to a bond-insurances 17
om A2004-58 s 9Lessor’s obligations on signing agreement
div 2.4 hdg(prev pt 2 div 4 hdg) renum R2 LA
Copy of agreement to be given to tenants 19
am A2004-58 amdt 2.3
Minimum housing standards
div 2.5 hdg
ins A2023-5 s 14
Minimum housing standardss 19A
ins A2023-5 s 14
Lessor’s obligations about minimum housing standardss 19B
ins A2023-5 s 14

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Lessor must keep records about minimum housing standardss 19C
ins A2023-5 s 14
Payment of bonds
div 3.1 hdg(prev pt 3 div 1 hdg) renum R2 LA
Successive residential tenancy agreementss 22
am A2016-50 s 8
Depositing bonddiv 3.2 hdg(prev pt 3 div 2 hdg) renum R2 LA
Deposit of bond by lessors 23
am A2004-58 amdt 2.4
sub A2005-39 s 12
Deposit of bond by tenants 24
sub A2017-32 amdt 3.1
Notice about deposits 25 hdg
sub A2017-32 amdt 3.2
s 25
am A2001-44 amdt 1.3633, amdt 1.3634; A2012-21
amdt 3.134; am A2017-32 amdt 3.3
Acknowledgment of receipt of bond moneys 26
am A2012-21 amdt 3.135, amdt 3.136
sub A2017-32 amdt 3.4
Payment of bond money into trust accounts 27
am A2008-36 amdt 1.595; A2023-57 s 38
Interest on amounts in trust accounts 28
am A2000-17 sch 1; A2002-27 s 62
sub A2005-60 amdt 1.129(4)-(7) exp 22 March 2006 (s 28 (7))
sub A2008-37 amdt 1.424
am A2011-22 amdt 1.382
Condition of premises and deductions from bonddiv 3.3 hdg(prev pt 3 div 3 hdg) renum R2 LA
Condition report—start of tenancy
s 29 hdg
sub A2016-50 s 9s 29
am A2001-44 amdt 1.3635, amdt 1.3636; A2004-58 ss 10-13,
amdt 2.5; A2005-39 s 13
Final inspection and condition report—end of tenancy
s 30A
ins A2016-50 s 10
Deductions from bonds 31
am A2008-36 amdt 1.595; A2017-4 amdt 3.168, amdt 3.169;
A2016-50 ss 11-13; pars renum R49 LA

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Release of bond money
div 3.4 hdg(prev pt 3 div 4 hdg) renum R2 LA
Definitions—div 3.4
s 32
am A1999-66 sch 3; A2001-44 amdt 1.3637, amdt 1.3638; R2
LA; A2008-36 amdt 1.583, amdt 1.595; A2011-22 amdt 1.383
sub A2016-50 s 14
def bond release application ins A2016-50 s 14
Bond release application—generals 33
sub A2016-50 s 14
Bond release application—lessor’s obligationss 34
am A1999-66 sch 3; A2004-58 amdt 2.6; A2008-36
amdt 1.595
sub A2016-50 s 14
am A2020-48 s 11
Bond release application—joint applications 34A
ins A2016-50 s 14
am A2020-48 s 12, s 13
Bond release application—application by tenants 34B
ins A2016-50 s 14
am A2020-48 s 14, s 15
Bond release application—application by lessor
s 34C
ins A2016-50 s 14
Bond release application before end of agreements 34D
ins A2016-50 s 14
Bond release application—ACAT orders 34E
ins A2016-50 s 14
Bond release application—discrepancy in named tenants 34F
ins A2020-48 s 16
Disputes about all or part of bonds 35
am A2004-58 amdt 2.7
sub A2008-36 amdt 1.584
am A2016-50 s 15; A2020-1 s 6; ss renum R65 LA
Co-tenancies
pt 3A hdg

ins A2020-48 s 17

Co-tenant may leave residential tenancy agreement
s 35A
ins A2020-48 s 17
am A2022-21 s 22
Repayment of bond to leaving co-tenants 35B
ins A2020-48 s 17
am A2022-21 s 23

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Amendment history
Becoming a co-tenant under existing residential tenancy agreement—
generallys 35C
ins A2020-48 s 17
Co-tenancy on application to ACATs 35D
ins A2020-48 s 17
Becoming a co-tenant under existing residential tenancy agreement—social
housing dwelling and crisis accommodation
s 35E
ins A2020-48 s 17
Payment of bond by new co-tenants 35F
ins A2020-48 s 17
ACAT orders—co-tenancy matterss 35G
ins A2020-48 s 17
Generaldiv 4.1 hdg
Terminations 36(prev pt 4 div 1 hdg) renum R2 LA
am A2001-44 amdt 1.3639; pars renum R15 LA; A2005-39
s 14; A2008-36 amdt 1.595; A2015-6 amdt 1.15; A2015-42
s 52; A2016-50 s 16, s 17; A2017-5 amdt 1.18; A2019-5 s 6;
A2020-1 s 7; pars renum R62 LA; A2023-5 ss 15-17

Entry for eviction purposess 37
am A2008-36 amdt 1.595; A2016-50 s 18
General duty to mitigate
s 38
am A2008-36 amdt 1.595
Content of termination and possession orderss 39
am A2008-36 amdt 1.595
Warrants for eviction
div 4.2 hdg(prev pt 4 div 2 hdg) renum R2 LA
Content of warrants 40
sub A2005-39 s 15
Warrant—termination and possession orders 41
am A2008-36 amdt 1.595
sub A2018-20 s 4
Conditional orderss 42
sub A2005-39 s 16
am A2008-22 amdt 1.47; ss renum R28 LA; A2008-36
amdt 1.595; A2011-28 amdt 3.210
om A2018-20 s 4

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Failure to comply with conditional orders 42A
ins A2005-39 s 16
am A2008-22 amdts 1.48-1.50; A2008-36 amdt 1.595
om A2018-20 s 4
Hearing of applications 42B
ins A2005-39 s 16
am A2008-22 amdt 1.51; A2008-36 amdt 1.595
om A2018-20 s 4
Termination initiated by tenant
div 4.3 hdg(prev pt 4 div 3 hdg) renum R2 LA
Breach of standard residential tenancy termss 43 hdg
sub A2004-58 amdt 2.8s 43
am A2004-58 amdt 2.9; A2008-36 amdt 1.595
Significant hardships 44
am A2002-30 amdt 3.662; A2008-36 amdt 1.595; A2016-50
s 19
Damage, injury or intention to damage or injures 45
am A2008-36 amdt 1.595
Threats, harassment, intimidation or abuse by lessor etc
s 45A
ins A2023-5 s 18
False or misleading statementss 46
am A2008-36 amdt 1.595
Termination of agreement for failure to comply with minimum housing
standardss 46AA
ins A2023-5 s 19
Termination of agreement for aged care or social housing needss 46A
ins A2020-1 s 8
am A2023-5 s 20
Termination of fixed term agreements if premises for sales 46B
ins A2020-1 s 8
Termination initiated by lessor
div 4.4 hdg(prev pt 4 div 4 hdg) renum R2 LA
No breach of standard residential tenancy termss 47 hdg
sub A2004-58 amdt 2.10s 47
am A2001-44 amdt 1.3640; A2004-58 amdt 2.11, amdt 2.12;
A2008-36 amdt 1.595
sub A2023-5 s 21
am A2023-57 s 39

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Amendment history
Certain breaches of standard residential tenancy terms
s 48 hdg
sub A2004-58 amdt 2.13s 48
am A2001-44 amdt 1.3640; A2004-58 amdt 2.14, amdt 2.15;
A2008-22 amdt 1.52; A2008-28 amdt 3.148; A2008-36
amdt 1.595; A2009-44 amdt 1.34; A2020-1 s 9; A2022-14
amdt 3.203
Failure to pay rent—termination and possession orders 49
am A2001-44 amdt 1.3640; A2004-58 amdt 2.16; A2008-22
amdt 1.53; A2008-28 amdts 3.149-3.151; ss renum R29 LA;
A2008-36 amdt 1.595
sub A2018-20 s 5
Failure to pay rent—payment orders 49A
ins A2018-20 s 5
am A2019-17 s 32; ss renum R57 LA; A2020-1 s 10;
A2020-48 s 18; A2022-14 amdt 3.204
Failure to comply with payment orders 49B
ins A2018-20 s 5
Hearing of application—failure to comply with payment orders 49C
ins A2018-20 s 5
Significant hardships 50
am A2008-36 amdt 1.595
Damage, injury or intention to damage or injures 51
sub A2004-58 s 14
am A2005-43 amdt 1.31; A2005-39 s 17; A2008-36
amdt 1.595
Threats, harassment, intimidation or abuse by tenants 51A
ins A2023-5 s 22
False or misleading statementss 52
am A2008-36 amdt 1.595
Employer-provided accommodations 53
am A2008-36 amdt 1.595
Purported co-tenancy, assignment or subletting
s 54 hdg
sub A2020-48 s 19
s 54
am A2001-44 amdt 1.3640; A2004-58 amdt 2.17, amdt 2.18;
A2008-36 amdt 1.595; A2020-48 ss 20-22
Repudiation without vacations 55
am A2008-36 amdt 1.595
Affected residential premisess 55A
ins A2015-6 amdt 1.16

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Eligible impacted propertys 55B
ins A2015-42 s 53
Compensation to lessors 56
am A2004-58 amdt 2.19; A2008-36 amdt 1.595
Retaliatory applications
s 57
sub A2004-58 s 15
am A2008-36 amdt 1.595
sub A2023-5 s 23
Defective termination notices
div 4.5 hdg(prev pt 4 div 5 hdg) renum R2 LA
Lessor’s defective termination notice if tenant vacatess 58
am A2001-44 amdt 1.3641, amdt 1.3642; A2008-36
amdt 1.595; A2017-4 amdt 3.170
sub A2023-5 s 24
Lessor’s defective termination notice if tenant does not vacates 59
am A2001-44 amdt 1.3643; A2004-58 amdt 2.20; A2008-36
amdt 1.595; A2017-4 amdt 3.170
sub A2023-5 s 24
Tenant’s defective termination notices 60
am A2001-44 amdt 1.3644, 1.3646; A2008-36 amdt 1.595
sub A2023-5 s 24
Abandonment of premises
div 4.6 hdg(prev pt 4 div 6 hdg) renum R2 LA
Effect of abandonments 61
am A2004-58 s 16; A2008-36 amdt 1.585
Lessor may enter premises to confirm abandonments 61A
ins A2016-50 s 20
Abandonment during fixed terms 62
am A1998-5; A2008-36 amdt 1.595
Abandonment during periodic agreements 63
am A2017-4 amdt 3.171; A2020-1 s 11
Miscellaneous
div 4.7 hdg(prev pt 4 div 7 hdg) renum R2 LA

Successor in title to lessors 64
am A1998-5; A2001-44 amdts 1.3646-1.3648, A2004-58 s 17,
s 18; ss renum R10 LA (see A2004-58 s 19)
Termination—affected residential premisess 64AA
ins A2015-6 amdt 1.17

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Termination—eligible impacted propertys 64ABins A2015-42 s 54
No new residential tenancy agreements etc for affected residential premisess 64ACins A2020-20 s 53
Disallowing retaliatory notices to vacates 64AD
ins A2023-5 s 25
Standard residential tenancy term—increase in rents 64A
ins A2009-19 s 66
Limitation on rent increasess 64B
ins A2019-5 s 7Tenant may apply for review
s 64C
ins A2019-5 s 7
Waiver of notice requirementss 65
am A2001-44 amdts 1.3649-1.3651; A2004-58 amdt 2.21;
A2008-36 amdt 1.595; A2023-5 s 26
Freezing rentss 66

am A2008-36 amdt 1.585

Orderss 67

reloc as s 68A

Guideline for orderss 68
am A2004-58 s 20, amdt 2.22; pars renum R15 LA; A2008-36
amdt 1.595; A2019-5 s 10, s 11; ss renum R58 LA
Orderss 68A(prev s 67) am A2008-36 amdt 1.585; A2019-5 s 8
reloc as s 68A A2019-5 s 9

Effect of orderss 69

am A2008-36 amdt 1.585; A2019-5 s 12, s 13

Further increasess 70
am A2008-36 amdt 1.585
Reduction of existing rents 71
am A2004-58 s 21; ss renum R10 LA (see A2004-58 s 22);
A2008-36 amdt 1.595
Rent reduction for lessor’s failure to comply with a minimum housing
standards 71AAA
ins A2023-5 s 27
Lessor’s consent in certain matters
pt 5AA hdg
ins A2019-5 s 14

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Definitions—pt 5AA
s 71AA
ins A2019-5 s 14
def minor modification ins A2019-5 s 14
def special modification ins A2019-5 s 14
Process for tenant seeking consent—modifications generallys 71ABins A2019-5 s 14
Lessor to apply to ACAT for refusal—special modifications
s 71ACins A2019-5 s 14
Tenant may apply to ACAT for review of refusal—other modifications
s 71AD
ins A2019-5 s 14
Process for tenant seeking consent—animals
s 71AE
ins A2019-5 s 14
Lessor to apply to ACAT for refusal—animals
s 71AF
ins A2019-5 s 14
Limitation on lessor’s liabilitys 71AG
ins A2019-5 s 14
Occupancy agreements
pt 5A hdg
ins A2004-58 s 23
Who is grantor?
s 71A

ins A2004-58 s 23

Who is an occupant?
s 71B
ins A2004-58 s 23
What is an occupancy agreement?
s 71C
ins A2004-58 s 23
am A2006-40 amdt 1.32; A2013-44 amdt 3.171; A2020-48
s 23, s 24, amdt 2.2; pars renum R72 LA; A2022-14
amdt 3.205(1), note 2 exp 29 January 2022 (s 159)
Certain types of agreements not occupancy agreements
s 71CA
ins A2020-48 s 25
am A2021-3 s 39; pars renum R71 LA
Occupancy agreement—smoke alarmss 71CBins A2020-48 s 25
When does an occupancy start and end?
s 71D hdg
sub A2020-48 s 26
s 71D
ins A2004-58 s 23
am A2020-48 s 27

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Amendment history
Application of occupancy principles
s 71E
ins A2004-58 s 23
sub A2020-48 s 28
Occupancy principles
s 71EA
ins A2020-48 s 28
amA2020-48 amdt 2.3, amdt 2.4; ss renum R72 LA
Condition reports 71EBins A2020-48 s 28

Payment of security deposits 71ECins A2020-48 s 28
Security deposit must be lodged with Territorys 71ED
ins A2020-48 s 28
am A2020-48 amdt 2.5, amdt 2.6
Deductions from security deposits 71EE
ins A2020-48 s 28
Receipts for certain paymentss 71EF
ins A2020-48 s 28
Occupancy rules, fees, charges and penalties
s 71EG
ins A2020-48 s 28
Occupant’s access to occupancy premisess 71EHins A2020-48 s 28
Information about dispute resolution processess 71EI
ins A2020-48 s 28
Entry by grantor to occupancy premisess 71EJ
ins A2020-48 s 28
am A2020-48 amdt 2.7
Termination of occupancy agreements 71EK
ins A2020-48 s 28
am A2020-48 amdts 2.8-2.10; ss renum R72 LA
Warrant for eviction—vacant possession orders 71ELins A2020-48 s 28
am A2022-14 amdt 3.206
Occupancy agreement—abandonment of premisess 71EM
ins A2020-48 s 28
am A2022-14 amdt 3.207
Regulations about occupancy agreements
s 71F
ins A2004-58 s 23

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Standard occupancy terms
s 71G
ins A2004-58 s 23
om A2020-48 s 29
Occupant may deposit bond with Territorys 71GA
ins A2005-43 amdt 1.32
am A2008-37 amdt 1.425
om A2020-48 s 29
Residential parks
pt 5B hdg
ins A2020-48 s 30
Definitions—pt 5B
div 5B.1 hdg
ins A2020-48 s 30
Definitions—pt 5B
s 71H
ins A2020-48 s 30
def operator ins A2020-48 s 30
def residential park agreement ins A2020-48 s 30
def site agreement ins A2020-48 s 30
Shared park facilities
div 5B.2 hdg
ins A2020-48 s 30
Access to shared park facilities
s 71I
ins A2020-48 s 30
Assignment of interests
div 5B.3 hdg
ins A2020-48 s 30
Definitions—div 5B.3
s 71J
ins A2020-48 s 30
def assignee ins A2020-48 s 30
def assignor ins A2020-48 s 30
Assignment in residential park permitted with consent
s 71K
ins A2020-48 s 30
Consent to assignments 71L
ins A2020-48 s 30
Effect of assignments 71M
ins A2020-48 s 30
Sale of manufactured homes and mobile homes
div 5B.4 hdg
ins A2020-48 s 30
Sale of home located on residential park site
s 71N
ins A2020-48 s 30
Home to be removed from park if no site agreement once solds 71O
ins A2020-48 s 30

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Amendment history
Resolution of residential tenancy and occupancy disputes
pt 6 hdg
sub A2004-58 s 24; A2008-36 amdt 1.586
Important concepts
div 6.1A hdg
ins A2004-58 s 24
om A2008-36 amdt 1.586
What is a tenancy dispute?
s 71H
ins A2004-58 s 24
om A2008-36 amdt 1.586
What is an occupancy dispute?
s 71I
ins A2004-58 s 24
om A2008-36 amdt 1.586
Tribunal to have regard to occupancy principles
s 71J
ins A2004-58 s 24
om A2008-36 amdt 1.586
Important concepts
div 6.1 hdg(prev pt 6 div 1 hdg) renum R2 LA
sub A2008-36 amdt 1.586
Meaning of tenancy disputes 72
sub A2004-58 s 25; A2008-36 amdt 1.586
am A2020-1 s 12; pars renum R65 LA; A2020-48 s 31
Meaning of occupancy disputes 73
am A1998-5; A2000-1 sch; A2001-44 amdt 1.3652,
amdt 1.3653, A2004-58 s 26, amdt 2.23; ss renum R10 LA(see A2004-58 s 27)
sub A2008-36 amdt 1.586
am A2020-48 amdt 2.11
Other options for dispute resolutions 74
am A2004-58 amdt 2.24
sub A2008-36 amdt 1.586; A2020-48 s 32
am A2020-48 amdt 2.12
Action by registrar
div 6.2 hdg(prev pt 6 div 2 hdg) renum R2 LA
sub A2008-36 amdt 1.586
Assistance with inquiries about residential tenancy and occupancy
agreementss 75
am A2004-58 amdt 2.25, amdt 2.26
sub A2008-36 amdt 1.586
am A2022-14 amdt 3.208

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Jurisdiction of ACAT—this Act, standard residential tenancy terms andstandard occupancy terms
div 6.3 hdg(prev pt 6 div 4 hdg) renum R2 LA
sub A2008-36 amdt 1.586
Jurisdiction of ACAT under this Act etc
s 76
am A2004-58 amdt 2.27
sub A2008-36 amdt 1.586
am A2020-48 s 33
Saving of court jurisdictions 77
am A2004-58 amdts 2.28-2.30
sub A2008-36 amdt 1.586
Extended jurisdiction of ACAT with agreement of parties
s 78
sub A2008-36 amdt 1.586
am A2013-45 amdt 1.11; A2020-48 s 34
Applications to ACAT
div 6.4 hdg(prev pt 6 div 5 hdg) renum R2 LA
sub A2008-36 amdt 1.586
Who may apply to ACAT?
s 79
om A1998-5
ins A2008-36 amdt 1.586
Applications to ACAT by children—application of this Act etc
s 80
om A1998-5
ins A2008-36 amdt 1.586
Powers and decisions of ACAT
div 6.5 hdg(prev pt 6 div 6 hdg) renum R2 LA
sub A2008-36 amdt 1.586
ACAT to assist parties to tenancy and occupancy disputess 81
am A2004-58 amdt 2.31
sub A2008-36 amdt 1.586
Disputes about agreements no longer in forces 82
sub A2008-36 amdt 1.586
Orders by ACATs 83

sub A2005-53 amdt 1.135; A2008-36 amdt 1.586
am A2020-1 s 13, s 14; A2020-48 ss 35-38; A2023-5 ss 28-31;
pars renum R76 LA

Notice of intention to vacate—award of compensations 84
am A2004-58 amdt 2.32
sub A2008-36 amdt 1.586
am A2016-50 s 21, s 22; A2020-1 s 15; ss renum R62 LA;
A2023-5 s 32, s 33

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Amendment history
Powers and decisions of ACAT—protection orders
div 6.5A hdg
ins A2016-50 s 23
Definitions—div 6.5A
s 85
am A2004-58 amdt 2.32
sub A2008-36 amdt 1.586; A2016-50 s 24; A2023-5 s 34
def FV Act ins A2016-50 s 24
om A2023-5 s 34
def protected person ins A2016-50 s 24
sub A2023-5 s 34
def protection order ins A2016-50 s 24
om A2023-5 s 34
def PV Act ins A2016-50 s 24
om A2023-5 s 34
def respondent ins A2016-50 s 24
sub A2023-5 s 34
New tenancy agreement—family violence and protection orderss 85A
ins A2016-50 s 24
am A2019-5 s 15, s 16; A2023-5 s 35
Applications under s 85A—ACAT orderss 85B
ins A2016-50 s 24
am A2020-1 ss 16-18
Enforcement of ACAT orders
div 6.6 hdg
orig div 6.6 hdg(prev pt 6 div 7 hdg) renum as div 6.6 hdg and then subas pt 6B hdg
pres div 6.6 hdg
ins A2008-36 amdt 1.586
Failure to comply with ACAT orderss 86
sub A2008-36 amdt 1.586
Tenancy databases
pt 6A hdg
ins A2005-39 s 19
om A2011-31 s 4Enforcement
pt 6B hdg

(prev pt 6 div 7 hdg) renum as div 6.6 hdg R2 LA
sub as pt 6B hdg A2005-39 s 20
om A2008-36 amdt 1.587

Residential tenancy databases
pt 7 hdg
om A2008-36 amdt 1.587
ins A2011-31 s 5
Residential tenancies tribunal
div 7.1 hdg(prev pt 7 div 1 hdg) renum R2 LA
om A2008-36 amdt 1.587

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Definitions—pt 7s 87
am A2004-58 amdt 2.32
om A2008-36 amdt 1.586
ins A2011-31 s 5
def agent ins A2011-31 s 5
def database ins A2011-31 s 5
def database operator ins A2011-31 s 5
def inaccurate ins A2011-31 s 5
def list ins A2011-31 s 5
def out of date ins A2011-31 s 5
def personal information ins A2011-31 s 5
def rental bond ins A2011-31 s 5
def residential tenancy database ins A2011-31 s 5Application—pt 7s 88
am A2000-17 sch 1, A2004-58 amdt 2.32
om A2008-36 amdt 1.586
ins A2011-31 s 5
Notice of usual use of databases 89 hdg
am A2000-17 sch 1
s 89
am A2000-17 sch 1
om A2008-36 amdt 1.586
ins A2011-31 s 5
Notice of listing if database useds 90
om A2008-36 amdt 1.586
ins A2011-31 s 5
Listing can be made only for certain breaches by certain peoples 91
am A2004-58 amdt 2.32
om A2008-36 amdt 1.586
ins A2011-31 s 5
Further restriction on listings 92
am A2004-58 amdt 2.32
om A2008-36 amdt 1.586
ins A2011-31 s 5
Ensuring quality of listing—lessor’s or agent’s obligations 93
om A2008-36 amdt 1.586
ins A2011-31 s 5
Ensuring quality of listing—database operator’s obligations 94
om A2008-36 amdt 1.586
ins A2011-31 s 5Providing copy of personal information listeds 95
om A2008-36 amdt 1.586
ins A2011-31 s 5

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Amendment history
Notifying relevant non-parties of tribunal order about listings 96
sub A2005-53 amdt 1.36
(4), (5) exp 23 November 2006 (s 96 (5))
om A2008-36 amdt 1.586
ins A2011-31 s 5Appearance by audiovisual or audio linkss 96A
ins A1999-22 s 34
am A2000-17 sch 1; A2003-48 amdt 2.17
om A2008-36 amdt 1.586
Keeping personal information listeds 97
sub A2005-53 amdt 1.37
om A2008-36 amdt 1.586
ins A2011-31 s 5
am A2014-49 amdt 1.31, amdt 1.32
Application to ACAT about contraventions 98
om A2008-36 amdt 1.586
ins A2011-31 s 5Application to ACAT about certain personal information listed in residential
tenancy databases 99
om A2008-36 amdt 1.586
ins A2011-31 s 5
am A2016-42 amdt 3.90
Application to ACAT about proposed listing of personal informations 100
om A2008-36 amdt 1.586
ins A2011-31 s 5Order for compensations 101
am A2004-58 amdt 2.33
om A2008-36 amdt 1.586
ins A2011-31 s 5Registration of standard guarantee contract for commercial guarantee
pt 8 hdg
ins A2017-32 amdt 2.4
Meaning of commercial guarantee and standard guarantee contracts 102
am A2001-44 amdts 1.3654-1.3656; A2004-58 ss 28-30; pars
renum R10 LA (see A2004-58 s 31); A2008-22 amdt 1.54
om A2008-36 amdt 1.586
ins A2017-32 amdt 2.4
Application for registration of standard guarantee contracts 103
am A2001-44 amdts 1.3657-1.3659; A2004-58 amdt 2.34
om A2008-36 amdt 1.586
ins A2017-32 amdt 2.4
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

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Endnotes
Amendment history
Commissioner must decide applications 104
am A2001-44 amdt 1.3660, A2004-58 s 32, amdts 2.35-2.38;
pars renum R10 LA (see A2004-58 s 33); A2005-60
amdt 1.130
om A2008-36 amdt 1.586
ins A2017-32 amdt 2.4
Tribunal may refer matters to other entitiess 104A
ins A2004-58 s 34
om A2008-36 amdt 1.586
Tribunal to record details of orders 104Bins A2004-58 s 34
om A2008-36 amdt 1.586
Register of standard guarantee contracts
s 105
sub A2004-58 s 34
om A2008-36 amdt 1.586
ins A2017-32 amdt 2.4
Relationship to Australian Consumer Law (ACT)s 106
am A2004-58 amdt 2.39
om A2008-36 amdt 1.586
ins A2017-32 amdt 2.4
Notice of intention to vacate—award of compensations 107
om A2008-36 amdt 1.586
Substitution of tenants 107A
ins A2005-39 s 18
am A2007-8 amdt 1.16
om A2008-36 amdt 1.586
Definitions for pt 6A
s 107Bins A2005-39 s 19
om A2011-31 s 4
def personal information ins A2005-39 s 19
om A2011-31 s 4
def tenancy database ins A2005-39 s 19
om A2011-31 s 4
Non-application to internal databasess 107Cins A2005-39 s 19
am A2007-8 amdt 1.19
om A2011-31 s 4
Restriction on inclusion of personal informations 107D
ins A2005-39 s 19
om A2011-31 s 4

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Effective: 12/12/23
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page 247

4

Endnotes
4

Amendment history
Application to ACAT about contraventions 107E hdg
am A2008-36 amdt 1.595
s 107E
ins A2005-39 s 19
am A2008-36 amdt 1.595
om A2011-31 s 4Application to ACAT about incorrect or unjust inclusion in databases 107F hdg
am A2008-36 amdt 1.595
s 107F
ins A2005-39 s 19
am A2008-36 amdt 1.595
om A2011-31 s 4Application to ACAT about proposed inclusion of personal informations 107G hdg
am A2008-36 amdt 1.595
s 107G
ins A2005-39 s 19
am A2008-36 amdt 1.595
om A2011-31 s 4Order for compensations 107Hins A2005-39 s 19
am A2008-36 amdt 1.595
om A2011-31 s 4
Failure to comply with tribunal orderss 108
sub A2005-54 amdt 1.231
om A2008-36 amdt 1.587
Orders for payment of moneys 109
om A2008-36 amdt 1.587
Establishments 110

om A2008-36 amdt 1.587

Constitutions 111

om A2008-36 amdt 1.587

Memberships 112

am A2002-11 amdt 2.87; A2004-58 s 35; A2008-22 amdt 1.55;
A2008-28 amdt 3.152, amdt 3.153
om A2008-36 amdt 1.587

Acting president
s 113

om A2008-28 amdt 3.154

Registrar and deputy registrars 114
sub A1999-66 sch 3
am A2006-40 amdt 1.33
om A2008-36 amdt 1.587

page 248

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

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Endnotes
Amendment history
Jurisdiction of tribunal generallys 115
am A1999-66 sch 3; A2004-58 amdt 2.40, amdt 2.41
sub A2006-40 amdt 1.34
om A2008-36 amdt 1.587
Saving of court jurisdictions 115A
orig s 115A renum as s 115C
ins A2006-40 amdt 1.34
om A2008-36 amdt 1.587
Extended jurisdiction of tribunal with agreement of parties
s 115Bins A2006-40 amdt 1.34
om A2008-36 amdt 1.587
Disputes about agreements no longer in force
s 115C(prev s 115A) ins A2004-58 s 36
renum A2006-40 amdt 1.35
om A2008-36 amdt 1.587
Decisions on matters agreed to by parties
s 115D
ins A2008-7 amdt 1.75
om A2008-36 amdt 1.587
Refereesdiv 7.2 hdg
Refereess 116(prev pt 7 div 2 hdg) renum R2 LA
om A2008-36 amdt 1.587
am A1997-96 sch 1; A2004-58 amdt 2.42; A2005-39 s 21;
A2008-28 amdt 3.155, amdt 3.156; ss renum R29 LAom A2008-36 amdt 1.587

Registrar and deputy registrars
div 7.3 hdg(prev pt 7 div 3 hdg) renum R2 LA
om A2008-36 amdt 1.587
Functions and powerss 117
am A2004-58 s 37, amdt 2.43, amdt 2.44
om A2008-36 amdt 1.587
President’s involvements 118
om A2008-36 amdt 1.587
Deputy registrarss 119
om A2008-28 amdt 3.157
Other matters about tribunal
div 7.4 hdg(prev pt 7 div 3 hdg) renum R1 LRA
renum R2 LA
om A2008-36 amdt 1.587

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Effective: 12/12/23
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page 249

4

Endnotes
4

Amendment history
Procedure generallys 120
am A2001-44 amdt 1.3661, amdt 1.3662
sub A2004-58 s 38
om A2008-36 amdt 1.587
Informality of proceduress 121
om A2008-28 amdt 3.157
Contempt of tribunals 122
sub A2005-53 amdt 1.38
om A2008-36 amdt 1.587
Application of Criminal Code, ch 7s 122A
ins A2005-53 amdt 1.38
om A2008-36 amdt 1.587
Protection of members etc
s 123
om A2008-28 amdt 3.157
Approved forms—registrars 123A
ins A2001-44 amdt 1.3663
am A2008-28 amdt 3.158
om A2008-36 amdt 1.587
Referrals and appeals to Supreme Court
pt 8 hdg
om A2008-36 amdt 1.587
Referral of questions of law
s 124
sub A2004-60 amdt 1.626
om A2008-36 amdt 1.587
Appeals from tribunal decisions
s 125
sub A2004-60 amdt 1.626
am A2004-58 s 39 (as am by A2005-20 amdt 3.340)(5), (6) exp 10 January 2006 (s 125 (6))
sub A2006-40 amdt 2.170
om A2008-36 amdt 1.587
Declared crisis accommodation providers 126
om A2004-60 amdt 1.626
ins A2005-39 s 22
am A2011-28 amdt 3.211
Death of co-tenants 127
sub A2020-48 s 39
Transfer of public housing under wills 127A
ins A2005-39 s 23
am A2007-8 amdt 1.17, amdt 1.19; A2008-36 amdt 1.595

page 250

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

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Endnotes
Amendment history
Purported co-tenancy, assignment or sublettings 128
am A2004-58 amdt 2.45; A2008-36 amdt 1.595
sub A2020-48 s 40
Admissibility of evidence given before approved mediator etc
s 129
am A2005-53 amdt 1.39
sub A2005-54 amdt 1.232
om A2008-36 amdt 1.588
False informations 130
om A2005-53 amdt 1.40 (see also A2005-54 amdt 1.233)
Proceedings by childrens 131
sub A2004-60 amdt 1.627
Approved forms—Ministers 133
sub A2001-44 amdt 1.3664(4)-(7) exp 12 September 2002 (s 133 (7))
am A2008-36 amdt 1.595; A2011-28 amdt 3.211
Determination of feess 134
om A2004-58 s 40
ins A2017-32 amdt 2.5
Determined feess 135

om A2000-1 sch

Regulation-making powers 136
am A2001-44 amdt 1.3665, amdt 1.3666; A2005-39 s 24;
A2008-36 amdt 1.589; A2017-32 amdt 2.6; A2020-1 s 19;
A2023-5 s 36, s 37
Transitionalpt 10 hdg

ins A2004-58 s 41
exp 8 March 2006 (s 139)

Occupancy agreementss 137
ins A2004-58 s 41
exp 8 March 2006 (s 139)
Disposal of condition reports held by Territorys 138
ins A2004-58 s 41
exp 8 April 2005 (s 139)
Expiry of pt 10
s 139

ins A2004-58 s 41
exp 8 March 2006 (s 139)

Transitional—Asbestos Legislation Amendment Act 2006
pt 11 hdg
ins A2006-16 amdt 1.49
exp 1 July 2007 (s 141)

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Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

page 2514

Endnotes
4

Amendment history
Existing residential tenancy agreements—lessor must provide asbestos
informations 140
ins A2006-16 amdt 1.49
exp 1 July 2007 (s 141)
Expiry—pt 11
s 141
Validation
pt 12 hdg

ins A2006-16 amdt 1.49
exp 1 July 2007 (s 141)
ins A2009-7 amdt 1.36
exp 6 March 2009 (s 143)

Validation of selections 142
ins A2009-7 amdt 1.36
exp 6 March 2009 (s 143)
Expiry—pt 12
s 143

ins A2009-7 amdt 1.36
exp 6 March 2009 (s 143)

Transitional—Residential Tenancies Legislation Amendment Act 2016pt 13 hdg
ins A2016-50 s 25
exp 24 August 2018 (s 147)
Definitions—pt 13
s 144
ins A2016-50 s 25
exp 24 August 2018 (s 147)
Existing residential tenancy agreements—lessor to install smoke alarmss 145
ins A2016-50 s 25
am A2017-28 amdt 1.5
exp 24 August 2018 (s 147)
Existing residential tenancy agreements—tenant to replace smoke alarm
batteriess 146
ins A2016-50 s 25
am A2017-28 amdt 1.5
exp 24 August 2018 (s 147)
Expiry—pt 13
s 147

ins A2016-50 s 25
exp 24 August 2018 (s 147)

Transitional—Statute Law Amendment Act 2017 (No 2)
pt 14 hdg
ins A2017-28 amdt 1.6
exp 11 October 2018 (s 150)
Meaning of commencement day—pt 14
s 148
ins A2017-28 amdt 1.6
exp 11 October 2018 (s 150)

page 252

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

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Endnotes
Amendment history
Residential tenancy agreement entered contrary to s 11B
s 149
ins A2017-28 amdt 1.6
exp 11 October 2018 (s 150)
Expiry—pt 14
s 150

ins A2017-28 amdt 1.6
exp 11 October 2018 (s 150)

Transitional—Residential Tenancies Amendment Act 2018pt 15 hdg
ins A2018-20 s 8
exp 14 December 2019 (s 155)
Meaning of commencement day—pt 15
s 151
ins A2018-20 s 8
sub A2018-20 s 9
exp 14 December 2019 (s 155)
Applications for registration of standard guarantee contracts 152
ins A2018-20 s 8
exp 14 December 2019 (s 155)
Registered standard guarantee contractss 153
ins A2018-20 s 8
exp 14 December 2019 (s 155)
Conditional termination and possession orders in force immediately before
commencement days 154
ins A2018-20 s 8
sub A2018-20 s 10
exp 14 December 2019 (s 155)
Expiry—pt 15
s 155

ins A2018-20 s 10
exp 14 December 2019 (s 155)

COVID-19 emergency response
pt 16 hdg
ins A2020-11 amdt 1.64
exp 29 December 2022 (s 156 (6))
Declaration—COVID-19 emergency responses 156
ins A2020-11 amdt 1.64
am A2020-14 amdt 1.123, amdt 1.124
exp 29 December 2022 (s 156 (6))
Expiry—pt 16
s 157

ins A2020-11 amdt 1.64
om A2020-14 amdt 1.125

Transitional—Residential Tenancies Amendment Act 2020 (No 2)
pt 17 hdg
ins A2020-48 s 41
exp 29 January 2022 (s 159)

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Effective: 12/12/23
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page 2534

Endnotes
4

Amendment history
Education provider occupancy agreementss 158
ins A2020-48 s 41
exp 29 January 2022 (s 159)
Expiry—pt 17
s 159

ins A2020-48 s 41
exp 29 January 2022 (s 159)

Transitional—Residential Tenancies Amendment Act 2020 (No 2)
pt 18
ins A2020-48 s 42
exp 4 October 2020 (s 162)
Meaning of commencement day—pt 18
s 160
ins A2020-48 s 42
exp 4 October 2020 (s 162)
Payment orders in relation to applications for termination and possession
orders undecided before commencements 161
ins A2020-48 s 42
exp 4 October 2020 (s 162)
Expiry—pt 18
s 162

ins A2020-48 s 42
exp 4 October 2020 (s 162)

Transitional—Residential Tenancies Legislation Amendment Act 2023
pt 19 hdg
ins A2023-5 s 38
exp 1 April 2025 (s 164)
Notice to vacate served before commencement day continues in forces 163
ins A2023-5 s 38
exp 1 April 2025 (s 164)
Fixed term agreement entered into before commencement days 163A
ins A2023-57 s 40
exp 1 April 2025 (s 164)
Expiry—pt 19
s 164

ins A2023-5 s 38
exp 1 April 2025 (s 164)

Standard residential tenancy terms
sch 1 hdg
(prev sch hdg) renum R2 LA
sub A2004-58 amdt 1.1
sch 1 cl 13
am A1999-66 sch 3; A2000-17 sch 1; A2001-17 amdt 2.17;
A2011-41 amdt 5.30; A2017-32 amdt 2.7; A2021-3 s 40
sch 1 cl 19
am A2017-32 amdt 3.5, amdt 3.6
sch 1 cl 20
am A2004-58 amdt 1.2, amdt 1.3; A2017-32 amdt 3.7
sch 1 cl 21
am A2004-58 amdt 1.4
sch 1 cl 22
am A2004-58 amdt 1.5
sch 1 cl 23
sub A2005-39 s 25
sch 1 cl 23A
ins A2016-50 s 26
page 254

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

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Endnotes
Amendment history
sch 1 cl 24
sch 1 cl 26
sch 1 cl 28
sch 1 cl 30
sch 1 cl 31
sch 1 cl 36
sch 1 cl 43
sch 1 cl 45
sch 1 cl 53A
sch 1 cl 54
sch 1 cl 55
sch 1 cl 58
sch 1 cl 60
sch 1 cl 62A
sch 1 cl 63A
sch 1 cl 66

sch 1 cl 67
sch 1 cl 70
sch 1 cl 71
sch 1 cl 72A
sch 1 cl 72B
sch 1 cl 74A
sch 1 cl 74B
sch 1 cl 79
sch 1 cl 80
sch 1 cl 81
sch 1 cl 81A
sch 1 cl 82
sch 1 cl 83
sch 1 cl 85
sch 1 cl 86
sch 1 cl 91
sch 1 cl 92
sch 1 cl 93
sch 1 cl 94
sch 1 cl 95
sch 1 cl 96

sch 1 cl 98
sch 1 cl 100

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am A2020-48 s 43
am A2004-58 amdt 1.6
am A2020-1 s 20
am A2004-58 amdt 1.7
am A2004-58 amdt 1.8
am A2007-8 amdt 1.18
am A2004-58 amdt 1.9
sub A2001-17 amdt 2.18
ins A2016-50 s 27
am A2017-28 amdt 1.7
am A2004-58 amdt 1.10; subcl renum R16 LA (see A2004-58
amdt 1.11); A2016-50 s 28; A2022-14 amdt 3.209
am R1 LA; R2 LA; A2005-39 s 26
sub A2001-17 amdt 2.19
am A2020-1 s 21
ins A2023-5 s 39
ins A2016-50 s 29
sub A2001-17 amdt 2.20
am A2004-58 amdt 1.12
sub A2011-41 amdt 5.31; A2020-4 s 49
sub A2019-5 s 17
am A2020-1 s 22
am A2004-58 amdt 1.13
ins A2020-48 s 44
ins A2020-48 s 44
ins A2019-5 s 18
ins A2019-5 s 18
am A2004-58 amdt 1.14
am A2004-58 amdt 1.15
sub A2020-1 s 23
ins A2020-1 s 23
am A2004-58 amdt 1.16; A2023-5 s 40
am A2023-5 s 41
am A2023-5 s 42
am A2023-5 s 43
am A2004-58 amdt 1.17
am A2004-58 amdts 1.18-1.22
am A2004-58 amdt 1.23
om A2023-5 s 44
sub A2019-5 s 19
om A2023-5 s 44
am A2004-58 amdt 1.24, amdt 1.25; A2019-5 s 20; A2020-1
s 24
sub A2023-5 s 45
am A2004-58 amdt 1.26
sub A2023-57 s 41
am A2022-21 s 24

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

page 255

4

Endnotes
4

Amendment history
Additional terms for certain residential tenancy agreements
sch 2
ins A2023-5 s 46
sch 2 cl 106A
ins A2023-57 s 42
sch 2 cl 107
am A2023-57 s 43
Dictionary
dictpage 256

ins A2004-58 s 42
am A2008-36 amdt 1.590; A2011-22 amdt 1.384; A2011-28
amdt 3.212; A2013-44 amdt 3.172; A2017-4 amdt 3.172;
A2016-50 s 30; A2017-32 amdt 2.8; A2019-5 s 21; A2020-48
s 45; A2023-5 s 47
def ACAT trust account ins A2008-37 amdt 1.426
def affected residential premises ins A2015-6 amdt 1.18
sub A2020-20 s 54
def affected residential premises register ins A2015-6
amdt 1.18
sub A2020-20 s 54
def agent ins A2011-31 s 7
def approved mediator sub A1998-5 s 4reloc from s 3 A2004-58 s 6
om A2008-36 amdt 1.591
def asbestos advice ins A2006-16 amdt 1.50
om A2011-28 amdt 3.213
def asbestos assessment report ins A2006-16 amdt 1.50
om A2011-28 amdt 3.213
def assignee ins A2020-48 s 46
def assignor ins A2020-48 s 46
def bond reloc from s 3 A2004-58 s 6
def bond release application ins A2016-50 s 31
def class ins A2015-6 amdt 1.18
def commercial guarantee ins A2017-32 amdt 2.9
def commissioner reloc from s 3 A2004-58 s 6
om A2017-32 amdt 2.10
def conditional termination and possession order ins
A2008-22 amdt 1.56
am A2011-28 amdt 3.214
om A2018-20 s 11
def co-tenant ins A2020-48 s 46
def crisis accommodation ins A2005-39 s 27
def database ins A2011-31 s 7
def database operator ins A2011-31 s 7
def defective termination notice ins A2023-5 s 48
am A2023-57 s 44
def education provider ins A2020-48 amdt 2.13
def eligible impacted property ins A2015-42 s 55
def energy efficiency rating ins A1997-122 s 4
reloc from s 3 A2004-58 s 6
def energy efficiency rating statement ins A2004-58 s 42
Residential Tenancies Act 1997
Effective: 12/12/23

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

R77
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Endnotes
Amendment history
sub A2010-32 s 39
def enforcement condition ins A2005-39 s 27
om A2008-22 amdt 1.57
def family violence order ins A2023-5 s 48
def fixed term agreement reloc from s 3 A2004-58 s 6
def former lessor reloc from s 3 A2004-58 s 6
def former tenant reloc from s 3 A2004-58 s 6
def FV Act ins A2016-50 s 31
om A2023-5 s 49
def grantor ins A2004-58 s 42
def housing assistance ins A2023-5 s 50
def inaccurate ins A2011-31 s 7
def lessor ins A2004-58 s 42
def list ins A2011-31 s 7
def manufactured home ins A2020-48 s 46
def member of the tribunal reloc from s 3 A2004-58 s 6
om A2008-36 amdt 1.591
def minimum housing standards ins A2023-5 s 51
def minor modification ins A2019-5 s 22
def mobile home reloc from s 3 A2004-58 s 6
sub A2020-48 s 47
def mobile home park reloc from s 3 A2004-58 s 6
def occupancy agreement ins A2004-58 s 42
def occupancy dispute ins A2004-58 s 42
sub A2008-36 amdt 1.592
am A2011-28 amdt 3.215
def occupancy principles ins A2004-58 s 42
sub A2020-48 s 47
def occupant ins A2004-58 s 42
def operator ins A2020-48 s 48
def out of date ins A2011-31 s 7
def party reloc from s 3 A2004-58 s 6
om A2008-36 amdt 1.593
def payment order ins A2018-20 s 12
def periodic agreement reloc from s 3 A2004-58 s 6
om A2017-4 amdt 3.173
ins A2020-1 s 25
def personal information ins A2005-39 s 27
sub A2011-31 s 8
def personal protection order ins A2023-5 s 52
def preliminary conference reloc from s 3 A2004-58 s 6
om A2008-36 amdt 1.593
def premises reloc from s 3 A2004-58 s 6
def president reloc from s 3 A2004-58 s 6
om A2008-36 amdt 1.593
def protected person ins A2016-50 s 31
am A2023-5 s 53

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Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

page 257

4

Endnotes
4

Amendment history
def protection order ins A2016-50 s 31
sub A2023-5 s 54
def publish ins A2023-5 s 55
def PV Act ins A2016-50 s 31
om A2023-5 s 56
def referee reloc from s 3 A2004-58 s 6
om A2008-36 amdt 1.593
def registered community housing provider ins A2020-48
s 48
def registrar sub A1999-66 sch 3
reloc from s 3 A2004-58 s 6
sub A2008-36 amdt 1.594
def rental bond ins A2011-31 s 9
def residential park ins A2020-48 s 48
def residential park agreement ins A2020-48 s 48
def residential tenancy agreement ins A2004-58 s 42
def residential tenancy database ins A2011-31 s 9
def respondent ins A2016-50 s 31
am A2023-5 s 57
def site agreement ins A2020-48 s 48
def social housing dwelling ins A2020-48 s 48
def special modification ins A2019-5 s 22
def standard guarantee contract ins A2017-32 amdt 2.11
def standard occupancy terms ins A2004-58 s 42
om A2020-48 s 49
def standard residential tenancy terms ins A2004-58 s 42
sub A2023-5 s 58
def temporary housing assistance ins A2023-5 s 59
def tenancy database ins A2005-39 s 27
sub A2011-28 amdt 3.216
om A2011-31 s 10
def tenancy dispute ins A2004-58 s 42
sub A2008-36 amdt 1.594
def tenant ins A2004-58 s 42
def termination and possession order reloc from s 3
A2004-58 s 6
am A2019-5 s 23
def termination notice am A2001-44 s 1.3632
reloc from s 3 A2004-58 s 6
sub A2023-5 s 60
def tribunal reloc from s 3 A2004-58 s 6
sub A2008-36 amdt 1.594
def trust account reloc from s 3 A2004-58 s 6
am A2011-22 amdt 1.385

page 258

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

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Endnotes
Earlier republications

5

5

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published inelectronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications aremarked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.

R77
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Republication
No and date

Effective

Last
amendment
made by

Republicationfor

R0A
14 Feb 2008

31 Mar 1999–
31 Aug 1999

A1998-5amendments by
A1997-96,
A1997-122 andA1998-5

R0B
14 Feb 2008

1 Sept 1999–
9 Nov 1999

A1999-22

amendments by
A1999-22

R0C
14 Feb 2008

10 Nov 1999–
31 May 2000

A1999-66

amendments by
A1999-66

R0D
14 Feb 2008

1 June 2000–
8 Sept 2000

A2000-17

amendments by
A2000-17

R0E
14 Feb 2008

9 Sept 2000–
13 Nov 2000

A2000-17

amendments by
A2000-1

R1
14 Nov 2000

14 Nov 2000–
11 Sept 2001

A2000-17

includes editorial
amendments under
Legislation Act

R1 (RI)
14 Feb 2008

14 Nov 2000–
11 Sept 2001

A2000-17

reissue of printed
versionR2
4 Feb 2002

12 Sept 2001–
27 May 2002

A2001-44

amendments by
A2001-44R330 May 2002

28 May 2002–
12 Sept 2002

A2002-11

amendments by
A2002-11

R4
13 Sept 2002

13 Sept 2002–
16 Sept 2002

A2002-27

commenced expiry

R5
3 Oct 2002

17 Sept 2002–
6 Oct 2002

A2002-30

amendments by
A2002-30

Residential Tenancies Act 1997

page 259

Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Endnotes
5

Earlier republications

page 260

Republication
No and date

Effective

Last
amendment
made by

Republication
for

R6*
7 Oct 2002

7 Oct 2002–
29 Apr 2004

A2002-30

amendments by
A2002-27

R730 Apr 2004

30 Apr 2004–
31 Aug 2004

A2004-13

amendments by
A2003-48

R8
1 Sept 2004

1 Sept 2004–
9 Jan 2005

A2004-13

amendments by
A2004-13

R9
10 Jan 2005

10 Jan 2005–
7 Mar 2005

A2004-60

amendments by
A2004-60

R108 Mar 2005

8 Mar 2005–
8 Apr 2005

A2004-60

amendments by
A2004-58

R10 (RI)
17 May 2005

8 Mar 2005–
8 Apr 2005

A2004-60

reissue forretrospective
amendments by
A2005-20

R11
9 Apr 2005

9 Apr 2005–
30 Sept 2005

A2004-60

commenced expiry

R11 (RI)
17 May 2005

9 Apr 2005–
30 Sept 2005

A2004-60

reissue forretrospective
amendments by
A2005-20

R12
1 Oct 2005

1 Oct 2005–
22 Nov 2005

A2005-43

amendments by
A2005-43

R13
23 Nov 2005

23 Nov 2005–
23 Nov 2005

A2005-54

amendments by
A2005-53

R14
24 Nov 2005

24 Nov 2005–
21 Dec 2005

A2005-54

amendments by
A2005-54

R15
22 Dec 2005

22 Dec 2005–
31 Dec 2005

A2005-60

amendments by
A2005-60

R16
1 Jan 2006

1 Jan 2006–
10 Jan 2006

A2005-60

amendments by
A2004-58 andA2005-39

R17
11 Jan 2006

11 Jan 2006–
27 Feb 2006

A2005-60

commenced expiry

R18
28 Feb 2006

28 Feb 2006–
8 Mar 2006

A2005-60

amendments by
A2005-39

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

R77
12/12/23

Endnotes
Earlier republications

R77
12/12/23

5

Republication
No and date

Effective

Last
amendment
made by

Republication
for

R19
9 Mar 2006

9 Mar 2006–
22 Mar 2006

A2005-60

commenced expiry

R20*
23 Mar 2006

23 Mar 2006–
30 June 2006

A2005-60

commenced expiry

R21
1 July 2006

1 July 2006–
28 Sept 2006

A2006-24

amendments by
A2006-16
as amended by
A2006-24

R22
29 Sept 2006

29 Sept 2006–
18 Oct 2006

A2006-40

amendments by
A2006-40

R23
19 Oct 2006

19 Oct 2006–
23 Nov 2006

A2006-40

amendments by
A2006-40

R24
24 Nov 2006

24 Nov 2006–
1 July 2007

A2006-40

commenced expiry

R25
2 July 2007

2 July 2007–
9 Nov 2007

A2007-8commenced expiry

R26
10 Nov 2007

10 Nov 2007–
6 May 2007

A2007-8amendments by
A2007-8

R27
7 May 2008

7 May 2008–
28 July 2008

A2008-7

amendments by
A2008-7

R28
29 July 2008

29 July 2008–
25 Aug 2008

A2008-22

amendments by
A2008-22

R29
26 Aug 2008

26 Aug 208–
1 Feb 2009

A2008-28

amendments by
A2008-28

R30*
2 Feb 2009

2 Feb 2009–
5 Mar 2009

A2008-37

amendments by
A2008-36 andA2008-37

R31
6 Mar 2009

6 Mar 2009–
6 Mar 2009

A2009-7

amendments by
A2009-7

R32
7 Mar 20097 Mar 2009–28 Sept 2009

A2009-7commenced expiry

R33
29 Sept 200929 Sept 2009–21 Dec 2009

A2009-19

amendments by
A2009-19

Residential Tenancies Act 1997

page 261

Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Endnotes
5

Earlier republications

page 262

Republication
No and date

Effective

Last
amendment
made by

Republication
for

R34
22 Dec 200922 Dec 2009–28 Feb 2011

A2009-44

amendments by
A2009-44

R35*
1 Mar 2011

1 Mar 2011–30 June 2011

A2010-32

amendments by
A2010-32

R36
1 July 2011

1 July 2011–
20 Sept 2011

A2011-22

amendments by
A2011-22

R37
21 Sept 2011

21 Sept 2011–28 Feb 2012

A2011-28

amendments by
A2011-28

R38
29 Feb 201229 Feb 2012–
29 Mar 2012

A2011-31

amendments by
A2011-31

R39
30 Mar 2012

30 Mar 2012–
4 June 2012

A2011-41

amendments by
A2011-41

R40
5 June 2012

5 June 2012–
3 Mar 2013

A2012–21

amendments by
A2012–21

R41*
4 Mar 2013

4 Mar 2013–11 Nov 2013

A2013-7

amendments by
A2013-7

R42
12 Nov 201312 Nov 2013–24 Nov 2013

A2013-45

amendments by
A2013-45

R43
25 Nov 201325 Nov 2013–16 Nov 2014

A2013-45

amendments by
A2013-44

R44
17 Nov 201417 Nov 2014–16 Apr 2015

A2014-49

amendments by
A2014-49

R45
17 Apr 201517 Apr 2015–
12 Nov 2015

A2015-6

amendments by
A2015-6

R46
13 Nov 2015

13 Nov 2015–
8 Mar 2017

A2015-42

amendments by
A2015-42

R47
9 Mar 20179 Mar 2017–30 Apr 2017

A2017-4

amendments by
A2017-4

R48
1 Mar 2017

1 Mar 2017–23 Aug 2017

A2017-10

amendments by
A2016-42
as amended by
A2017-10

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

R77
12/12/23

Endnotes
Earlier republications

R77
12/12/23

5

Republication
No and date

Effective

Last
amendment
made by

Republicationfor

R49
24 Aug 201724 Aug 2017–13 Sept 2017

A2017-10

amendments by
A2016-50 andA2017-5

R49A
14 Sept 201714 Sept 2017–10 Oct 2017

A2017-32

retrospective
amendments by
A2017-32

R50
11 Oct 201711 Oct 2017–23 Feb 2018

A2017-28

amendments by
A2017-28

R50 (RI)
7 Nov 201711 Oct 2017–23 Feb 2018

A2017-28

reissued for
retrospective
amendments madeby A2017-32

R51
24 Feb 201824 Feb 2018–
6 May 2018

A2017-32

amendments by
A2017-32

R52
7 May 2018

7 May 2018–
14 June 2018

A2017-32

amendments by
A2017-32

R53
15 June 201815 June 2018–24 Aug 2018

A2018-20

amendments by
A2018-20

R54
25 Aug 2018

25 Aug 2018–
11 Oct 2018

A2018-20

expiry oftransitional
provisions (pt 13)

R55
12 Oct 201812 Oct 2018–13 Dec 2018

A2018-20

expiry oftransitional
provisions (pt 14)

R56
14 Dec 201814 Dec 2018–20 June 2019

A2018-20

amendments by
A2018-20

R57
21 June 201921 June 2019–31 Oct 2019

A2019-17

amendments by
A2019-17

R58
1 Nov 20191 Nov 2019–14 Dec 2019

A2019-17

amendments by
A2019-5

R59
15 Dec 201915 Dec 2019–
5 Apr 2020

A2019-17

expiry oftransitional
provisions (pt 15)

R60
6 Apr 2020

6 Apr 2020–
7 Apr 2020

A2020-1

amendments by
A2020-1

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

page 263

Endnotes
5

Earlier republications

page 264

Republication
No and date

Effective

Last
amendment
made by

Republicationfor

R61
8 Apr 2020

8 Apr 2020–
4 May 2020

A2020-11

amendments by
A2020-1

R62
5 May 2020

5 May 2020–
13 May 2020

A2020-11

amendments by
A2020-1

R63
14 May 2020

14 May 2020–
30 June 2020

A2020-14

amendments by
A2020-14

R64
1 July 2020

1 July 2020–
24 Aug 2020

A2020-20

amendments by
A2020-20

R65
25 Aug 2020

25 Aug 2020–
3 Sept 2020

A2020-20

amendments by
A2020-1

R66
4 Sept 2020

4 Sept 2020–
4 Oct 2020

A2020-48

amendments by
A2020-48

R67
5 Oct 2020

5 Oct 2020–
31 Oct 2020

A2020-48

expiry oftransitional
provisions (pt 18)

R68
1 Nov 2020

1 Nov 2020–
25 Feb 2021

A2020-48

amendments by
A2020-4 andA2020-42

R69
26 Feb 2021

26 Feb 2021–
26 Feb 2021

A2021-3

amendments by
A2021-3

R70
27 Feb 2021

27 Feb 2021–
2 Mar 2021

A2021-3

amendments by
A2020-44

R71
3 Mar 2021

3 Mar 2021–
29 Jan 2022

A2021-3

amendments by
A2020-48 andA2021-3

R72
30 Jan 2022

30 Jan 2022–
23 Aug 2022

A2021-3

amendments by
A2020-48 andexpiry oftransitional
provisions (pt 17
and s 71C (1),note 2)

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

R77
12/12/23

Endnotes
Earlier republications

R77
12/12/23

5

Republication
No and date

Effective

Last
amendment
made by

Republicationfor

R73
24 Aug 2022

24 Aug 2022–
9 Dec 2022

A2022-14

amendments by
A2022-14

R74
10 Dec 2022

10 Dec 2022–
29 Dec 2022

A2022-21

amendments by
A2022-21

R75
30 Dec 2022

30 Dec 2022–
31 Mar 2023

A2022-21

expiry of provisions(pt 16)R76
1 Apr 2023

1 Apr 2023–
11 Dec 2023

A2023-5amendments by
A2023-5

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

page 265

Endnotes
6

Expired transitional or validating provisions

6

Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired.
The expiry does not affect any continuing operation of the provisions (seeLegislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes
effect and are listed in the amendment history using the abbreviation ‘exp’ followedby the date of the expiry.
To find the expired provisions see the version of this Act before the expiry tookeffect. The ACT legislation register has point-in-time versions of this Act.

© Australian Capital Territory 2023

page 266

Residential Tenancies Act 1997
Effective: 12/12/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

R77
12/12/23