{"id":"a-1997-84","name":"Residential Tenancies Act 1997","slug":"residential-tenancies-act-1997","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"84 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24224,"registerId":"act-a-1997-84-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"35C","sectionType":"section","heading":"Becoming a co-tenant under existing residential tenancy agreement—","content":"35C Becoming a co-tenant under existing residential tenancy agreement—\ngenerally 47\n","sortOrder":0},{"sectionNumber":"35D","sectionType":"section","heading":"Co-tenancy on application to ACAT 49","content":"35D Co-tenancy on application to ACAT 49\n\nPage\ncontents 4 Residential Tenancies Act 1997\n","sortOrder":1},{"sectionNumber":"35E","sectionType":"section","heading":"Becoming a co-tenant under existing residential tenancy agreement—","content":"35E Becoming a co-tenant under existing residential tenancy agreement—\nsocial housing dwelling and crisis accommodation 50\n35EA Becoming a co-tenant at start of consecutive tenancy agreement 51\n35F Payment of bond by new co-tenant 51\n35FA Payment of bond by new co-tenant—consecutive tenancy agreement 52\n35G ACAT orders—co-tenancy matters 52\nPart 4 Termination of residential tenancy\n36 Termination 55\n37 Entry for eviction purposes 57\n38 General duty to mitigate 57\n39 Content of termination and possession orders 58\n40 Content of warrant 58\n41 Warrant—termination and possession order 59\n43 Breach of standard residential tenancy terms 59\n44 Significant hardship 60\n45 Damage, injury or intention to damage or injure 62\n45A Threats, harassment, intimidation or abuse by lessor etc 62\n46 False or misleading statements 64\n46AA Termination of agreement for failure to comply with minimum housing\nstandards 64\n46A Termination of agreement for aged care or social housing needs 65\n46B Termination of fixed term agreements if premises for sale 66\nDivision 4.3A Termination initiated by tenant—termination for family\nviolence\n46C Definitions—div 4.3A 67\n46D Termination for family violence 67\n46E Sole tenancies—effect of serving family violence termination notice 68\n46F Co-tenancies—lessor to give notice to other co-tenants and Territory 69\n46G Co-tenancies—effect of serving family violence termination notice 69\n46H Lessor not to require other information 70\n\nPage\ncontents 5\n46I Competent person declaration 70\n46J Offence—using or disclosing information in supporting documents\nwithout authorisation 71\n46K Supporting documents to be securely stored or destroyed 72\n46L ACAT not to decide if family violence happens 72\n46M Offences—giving false or misleading information 73\n47 No breach of standard residential tenancy terms 73\n48 Certain breaches of standard residential tenancy terms 76\n49 Failure to pay rent—termination and possession order 78\n49A Failure to pay rent—payment order 79\n49B Failure to comply with payment order 80\n49C Hearing of application—failure to comply with payment order 81\n50 Significant hardship 82\n51 Damage, injury or intention to damage or injure 84\n51A Threats, harassment, intimidation or abuse by tenant 84\n52 False or misleading statements 86\n53 Employer-provided accommodation 87\n54 Purported co-tenancy, assignment or subletting 88\n55 Repudiation without vacation 89\n55A Affected residential premises 89\n55B Eligible impacted property 90\n56 Compensation to lessor 90\n57 Retaliatory applications 91\n58 Lessor’s defective termination notice if tenant vacates 92\n59 Lessor’s defective termination notice if tenant does not vacate 93\n60 Tenant’s defective termination notice 93\n61 Effect of abandonment 94\n61A Lessor may enter premises to confirm abandonment 94\n62 Abandonment during fixed term 95\n63 Abandonment during periodic agreement 96\n\nPage\ncontents 6 Residential Tenancies Act 1997\n","sortOrder":2},{"sectionNumber":"64","sectionType":"section","heading":"Successor in title to lessor 96","content":"64 Successor in title to lessor 96\n64AA Termination—affected residential premises 97\n64AB Termination—eligible impacted property 98\n64AC No new residential tenancy agreements etc for affected residential\npremises 99\n64AD Disallowing retaliatory notices to vacate 99\n64AE Meaning of rental rate increase—pt 5 101\n","sortOrder":3},{"sectionNumber":"64A","sectionType":"section","heading":"Pre-amendment fixed term agreements—increase in rent 101","content":"64A Pre-amendment fixed term agreements—increase in rent 101\n64AAA Limitation on rent increases—frequency 101\n64AAB Rent increases—housing commissioner 102\n64B Limitation on rent increases—amount 102\n64C Tenant may apply for review 103\n65 Waiver of notice requirements 103\n66 Freezing rents 104\n68 Guideline for orders 104\n68A Orders 105\n69 Effect of orders 106\n70 Further increases 106\n71 Reduction of existing rent 106\n71AAA Rent reduction for lessor’s failure to comply with a minimum housing\nstandard 108\n71AA Definitions—pt 5AA 109\n71AB Process for tenant seeking consent—modifications generally 110\n71AC Lessor to apply to ACAT for refusal—special modifications 110\n71AD Tenant may apply to ACAT for review of refusal—other modifications 111\n71AE Process for tenant seeking consent—animals 112\n71AF Lessor to apply to ACAT for refusal—animals 113\n71AG Limitation on lessor’s liability 114\n","sortOrder":4},{"sectionNumber":"71A","sectionType":"section","heading":"Who is a grantor? 115","content":"71A Who is a grantor? 115\n","sortOrder":5},{"sectionNumber":"71B","sectionType":"section","heading":"Who is an occupant? 115","content":"71B Who is an occupant? 115\n\nPage\ncontents 7\n","sortOrder":6},{"sectionNumber":"71C","sectionType":"section","heading":"What is an occupancy agreement? 115","content":"71C What is an occupancy agreement? 115\n71CA Certain types of agreements not occupancy agreements 118\n71CB Occupancy agreement—smoke alarms 118\n","sortOrder":7},{"sectionNumber":"71D","sectionType":"section","heading":"When does an occupancy start and end? 119","content":"71D When does an occupancy start and end? 119\n","sortOrder":8},{"sectionNumber":"71E","sectionType":"section","heading":"Application of occupancy principles 120","content":"71E Application of occupancy principles 120\n71EA Occupancy principles 120\n71EB Condition report 123\n71EC Payment of security deposit 123\n71ED Security deposit must be lodged with Territory 124\n71EE Deductions from security deposit 126\n71EF Receipts for certain payments 126\n71EG Occupancy rules, fees, charges and penalties 127\n71EH Occupant’s access to occupancy premises 128\n71EI Information about dispute resolution processes 129\n71EJ Entry by grantor to occupancy premises 129\n71EK Termination of occupancy agreement 130\n71EL Warrant for eviction—vacant possession order 132\n71EM Occupancy agreement—abandonment of premises 132\n71F Regulations about occupancy agreements 133\n71H Definitions—pt 5B 134\nDivision 5B.2 Shared park facilities\n71I Access to shared park facilities 134\nDivision 5B.3 Assignment of interests\n71J Definitions—div 5B.3 135\n71K Assignment in residential park permitted with consent 135\n71L Consent to assignment 135\n71M Effect of assignment 136\n71N Sale of home located on residential park site 136\n71O Home to be removed from park if no site agreement once sold 137\n\nPage\ncontents 8 Residential Tenancies Act 1997\nPart 6 Resolution of residential tenancy and\noccupancy disputes\nDivision 6.1 Important concepts\n72 Meaning of tenancy dispute 139\n73 Meaning of occupancy dispute 139\n74 Other options for dispute resolution 140\n75 Assistance with inquiries about residential tenancy and occupancy\nagreements 140\nDivision 6.3 Jurisdiction of ACAT—this Act, standard residential\ntenancy terms and standard occupancy terms\n76 Jurisdiction of ACAT under this Act etc 141\n77 Saving of court jurisdiction 142\n78 Extended jurisdiction of ACAT with agreement of parties 142\n79 Who may apply to ACAT? 144\n80 Applications to ACAT by children—application of this Act etc 144\n81 ACAT to assist parties to tenancy and occupancy disputes 144\n82 Disputes about agreements no longer in force 144\n83 Orders by ACAT 145\n84 Notice of intention to vacate—award of compensation 147\n85 Definitions—div 6.5A 149\n85A New tenancy agreement—family violence and protection orders 149\n85B Applications under s 85A—ACAT orders 151\nDivision 6.6 Enforcement of ACAT orders\n86 Failure to comply with ACAT orders 153\n87 Definitions—pt 7 154\n88 Application—pt 7 156\n89 Notice of usual use of database 156\n90 Notice of listing if database used 157\n\nPage\ncontents 9\n91 Listing can be made only for certain breaches by certain people 158\n92 Further restriction on listing 159\n93 Ensuring quality of listing—lessor’s or agent’s obligation 159\n94 Ensuring quality of listing—database operator’s obligation 160\n95 Providing copy of personal information listed 161\n96 Notifying relevant non-parties of tribunal order about listing 162\n97 Keeping personal information listed 162\n98 Application to ACAT about contravention 163\n99 Application to ACAT about certain personal information listed in\nresidential tenancy database 164\n100 Application to ACAT about proposed listing of personal information 165\n101 Order for compensation 165\nPart 8 Registration of standard guarantee contract\nfor commercial guarantee\n102 Meaning of commercial guarantee and standard guarantee contract 167\n103 Application for registration of standard guarantee contract 167\n104 Commissioner must decide application 168\n105 Register of standard guarantee contracts 169\n106 Relationship to Australian Consumer Law (ACT) 169\n126 Declared crisis accommodation provider 170\n127 Death of co-tenant 170\n127A Transfer of public housing under will 170\n128 Purported co-tenancy, assignment or subletting 171\n131 Proceedings by children 171\n132 Enforcing agreements by or against children 172\n133 Approved forms—Minister 172\n134 Determination of fees 172\n136 Regulation-making power 172\n\nPage\ncontents 10 Residential Tenancies Act 1997\n","sortOrder":9},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Standard residential tenancy terms 174","content":"Schedule 1 Standard residential tenancy terms 174\n","sortOrder":10},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Additional terms for certain residential","content":"Schedule 2 Additional terms for certain residential\ntenancy agreements 207\nDictionary 223\n1 About the endnotes 232\n2 Abbreviation key 232\n3 Legislation history 233\n4 Amendment history 244\n5 Earlier republications 279\n6 Expired transitional or validating provisions 286\n\nAn Act relating to residential tenancies and occupancy agreements\n\n","sortOrder":11},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Residential Tenancies Act 1997.\n","sortOrder":12},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘energy efficiency rating\nstatement—see the Construction Occupations (Licensing) Act 2004,\ns 123AC’ means that the term ‘energy efficiency rating statement’ is\ndefined in that section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":13},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":14},{"sectionNumber":"3A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":15},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"4 Application of Act\nThis Act does not apply in relation to—\n(a) accommodation provided by a registered provider under the\nAged Care Act 2024 (Cwlth); or\n(b) premises prescribed by regulation.\n","sortOrder":16},{"sectionNumber":"4A","sectionType":"section","heading":"Objects of Act","content":"4A Objects of Act\nIn recognition of the importance of stable and secure housing for\npeople in the ACT community, the main objects of this Act are to—\n(a) define the rights and obligations of tenants and lessors under\nresidential tenancy agreements; and\n(b) set out minimum contractual requirements for occupancy\nagreements; and\n(c) enable prospective tenants and occupants to make informed\nchoices; and\n\n(d) ensure that parties to residential tenancy agreements and\noccupancy agreements can easily access suitable, low cost,\ninformal and timely ways to enforce their rights under those\nagreements; and\n(e) protect parties to residential tenancy agreements and occupancy\nagreements from unfair practices; and\n(f) facilitate the availability of stable and secure housing in the\nACT.\n\nMeaning of residential tenancy agreement Part 1A\n","sortOrder":17},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Meaning of residential tenancy","content":"Part 1A Meaning of residential tenancy\n","sortOrder":18},{"sectionNumber":"5","sectionType":"section","heading":"Who is a lessor?","content":"5 Who is a lessor?\n(1) A person is a lessor if the person grants a right of occupation under a\n(2) Lessor includes a prospective lessor.\n","sortOrder":19},{"sectionNumber":"6","sectionType":"section","heading":"Who is a tenant?","content":"6 Who is a tenant?\n(1) A person is a tenant if the person has a right of occupation under a\n(2) Tenant includes a prospective tenant.\n6AA Who is a co-tenant?\nA person is a co-tenant under a residential tenancy agreement if the\nperson is 1 of 2 or more tenants under the agreement.\nNote Section 35C sets out how a person can become a new co-tenant under an\nexisting residential tenancy agreement.\n","sortOrder":20},{"sectionNumber":"6A","sectionType":"section","heading":"What is a residential tenancy agreement?","content":"6A What is a residential tenancy agreement?\n(1) An agreement is a residential tenancy agreement if—\n(a) under the agreement—\n(i) a person gives someone else (the tenant) a right to occupy\nstated premises; and\n(ii) the premises are for the tenant to use as a home (whether\nor not together with other people); and\n(iii) the right is given for value; and\n(b) the agreement is not an occupancy agreement under section 71C.\n\n(2) The agreement may be—\n(a) express or implied; or\n(b) in writing, oral, or partly in writing and partly oral.\n(3) The right to occupy may be—\n(a) exclusive or not exclusive; and\n(b) given with a right to use facilities, furniture or goods.\n(4) This section is subject to the following sections:\n• section 6D (Certain kinds of agreements not residential tenancy\nagreements)\n• section 6E (Certain people given right of occupation not tenants).\n","sortOrder":21},{"sectionNumber":"6B","sectionType":"section","heading":"Residential tenancy agreement if agreement written and","content":"6B Residential tenancy agreement if agreement written and\nsays it is residential tenancy agreement\nDespite section 6A (4), an agreement is a residential tenancy\nagreement if it—\n(a) complies with section 6A (1) to (3); and\n(b) is in writing; and\n(c) expressly states that it is a residential tenancy agreement.\n","sortOrder":22},{"sectionNumber":"6C","sectionType":"section","heading":"Residential tenancy agreement if agreement part of","content":"6C Residential tenancy agreement if agreement part of\nemployment\nDespite section 6A (4), an agreement mentioned in section 6A (1)\nto (3) is a residential tenancy agreement if the person who is given\nthe right to occupy the premises occupies the premises as the person’s\nhome under the terms and conditions of the person’s employment.\n\nMeaning of residential tenancy agreement Part 1A\n","sortOrder":23},{"sectionNumber":"6D","sectionType":"section","heading":"Certain kinds of agreements not residential tenancy","content":"6D Certain kinds of agreements not residential tenancy\n(1) A residential tenancy agreement does not include an agreement—\n(a) arising under a mortgage entered into honestly in relation to the\n(b) arising under a scheme if—\n(i) a group of adjacent premises is owned by a company; and\n(ii) the tenants who have rights to occupy the adjacent\npremises are people who jointly have a controlling interest\nin the company; or\n(c) entered into honestly to provide a right to occupy the premises\nfor a holiday; or\n(d) prescribed by regulation.\n(2) This section is subject to the following sections:\n• section 6B (Residential tenancy agreement if agreement written\nand says it is residential tenancy agreement)\n• section 6C (Residential tenancy agreement if agreement part of\nemployment).\n","sortOrder":24},{"sectionNumber":"6E","sectionType":"section","heading":"Certain people given right of occupation not tenants","content":"6E Certain people given right of occupation not tenants\n(1) A residential tenancy agreement does not include an agreement for\nthe right to occupy premises if the person given the right of\noccupation is—\n(a) a party to an agreement entered into honestly for the sale or\npurchase of the premises; or\n(b) a person prescribed by regulation.\n\n(2) This section is subject to the following sections:\n• section 6B (Residential tenancy agreement if agreement written\nand says it is residential tenancy agreement)\n• section 6C (Residential tenancy agreement if agreement part of\nemployment).\n","sortOrder":25},{"sectionNumber":"7","sectionType":"section","heading":"When does residential tenancy agreement start?","content":"7 When does residential tenancy agreement start?\n(1) A residential tenancy agreement starts on the earliest of the following\ndays:\n(a) the day stated in the agreement;\n(b) the 1st day both parties have signed the agreement and received\na copy signed by the other;\n(c) the day the tenant takes possession of the premises;\n(d) the 1st day the lessor receives rent from the tenant.\n(2) However, a consecutive tenancy agreement starts on the day after the\nterminated residential tenancy agreement ends.\n\nTerms of agreement Division 2.1\n","sortOrder":26},{"sectionNumber":"8","sectionType":"section","heading":"Terms included in residential tenancy agreements","content":"8 Terms included in residential tenancy agreements\n(1) A residential tenancy agreement for premises—\n(a) is taken to contain the standard residential tenancy terms set out\nin schedule 1—\n(i) for a fixed term agreement—as in force on the day the\nparties enter into the agreement; or\n(ii) for a periodic agreement—as in force from time to time;\nand\n(b) is taken to contain the public housing termination clauses if the\nlessor is the housing commissioner; and\n(c) is taken to contain the temporary housing assistance termination\nclauses if—\n(i) the lessor is the housing commissioner; and\n(ii) the tenant is receiving temporary housing assistance for the\n(d) is taken to contain the community housing provider termination\nclause if—\n(i) the lessor is a registered community housing provider; and\n(ii) the premises are owned by another person; and\n(iii) the registered community housing provider leases the\npremises to the tenant under an agreement with the owner;\nand\n\n(e) is taken to contain the subsidised accommodation clauses if—\n(i) either—\n(A) the lessor or an entity acting on the lessor’s behalf is\na registered community housing provider; or\n(B) the lessor or the owner of the premises receives\ngovernment funding or assistance to provide the\npremises to the tenant; and\n(ii) paragraphs (b) or (c) (ii) do not apply; and\n(f) is taken to contain the posting termination clauses if the lessor\nand tenant agree to the clauses being included; and\n(g) may contain any other term—\n(i) that is consistent with the standard residential tenancy\nterms; or\n(ii) that is inconsistent with a standard residential tenancy term\nif the term has been endorsed by the ACAT under\nsection 10.\nExamples—par (e) (i) (B)\n1 affordable housing provided or managed by a community housing provider\n2 accommodation provided in accordance with the National Rental\nAffordability Scheme\n3 specialist disability accommodation\n(2) Despite subsection (1) (a) (i), an amendment of this Act (other than\nan amendment to the standard residential tenancy terms) that affects\nthe operation of the standard residential tenancy terms applies to a\nfixed term agreement.\n(3) To remove any doubt, subsection (1) (a) (ii) applies to a periodic\nagreement that commences on the expiry of a fixed term agreement.\n\nTerms of agreement Division 2.1\ncommunity housing provider termination clause means the clause in\nschedule 2, section 2.2.\nposting termination clauses means the clauses in schedule 2,\nsection 2.1.\npublic housing termination clauses means the clauses in schedule 2,\nsection 2.3.\nsubsidised accommodation clauses means the clauses in schedule 2,\nsection 2.5.\ntemporary housing assistance termination clauses means the\nclauses in schedule 2, section 2.4.\n","sortOrder":27},{"sectionNumber":"9","sectionType":"section","heading":"Inconsistent tenancy terms void","content":"9 Inconsistent tenancy terms void\n(1) A term of a residential tenancy agreement is void if—\n(a) it is inconsistent with a standard residential tenancy term; and\n(b) it has not been endorsed by the ACAT under section 10.\n(2) A term of a residential tenancy agreement is void if it is inconsistent\nwith this Act (other than a standard residential tenancy term).\n","sortOrder":28},{"sectionNumber":"10","sectionType":"section","heading":"Endorsement of inconsistent tenancy terms by ACAT","content":"10 Endorsement of inconsistent tenancy terms by ACAT\n(1) The parties to a residential tenancy agreement may apply in writing\nto the ACAT for endorsement of a term of the agreement\n(the inconsistent term) that is inconsistent with a standard residential\ntenancy term.\n(2) If the parties apply for endorsement of the inconsistent term, the\nACAT must do 1 of the following:\n(a) endorse the inconsistent term;\n(b) substitute the equivalent standard residential tenancy term for\nthe inconsistent term.\n\n(3) In making a decision under subsection (2), the ACAT must\nconsider—\n(a) the criteria determined under subsection (6); and\n(b) whether the inclusion of the inconsistent term in the residential\ntenancy agreement was obtained by fraud or undue influence.\n(4) The ACAT must not endorse a term that is inconsistent with this Act\n(other than a standard residential tenancy term).\n(5) The ACAT must not endorse a term mentioned in section 15 (5) in\nrelation to a tenant unless satisfied that the tenant owes an amount to\nthe housing commissioner.\n(6) The Minister may determine criteria for subsection (3) (a).\n(7) A determination is a disallowable instrument.\n","sortOrder":29},{"sectionNumber":"10A","sectionType":"section","heading":"Meaning of publish—div 2.2","content":"10A Meaning of publish—div 2.2\npublish means communicate or distribute information in a way or to\nan extent that makes it available to, or likely to come to the notice of,\nthe public or a section of the public.\n","sortOrder":30},{"sectionNumber":"11","sectionType":"section","heading":"Compliance","content":"11 Compliance\n(1) A lessor or tenant, or the agent of a lessor or tenant, must comply with\ntheir obligations under this division before the residential tenancy\nagreement commences.\n(2) A person is taken to have complied with an obligation under this\ndivision to provide certain information if that information is set out\nin the residential tenancy agreement being signed by the tenant.\n\n","sortOrder":31},{"sectionNumber":"11A","sectionType":"section","heading":"Advertising—required information","content":"11A Advertising—required information\n(a) the person publishes an advertisement for the lease of premises;\nand\n(b) the advertisement does not contain the required information.\n(2) Subsection (1) does not apply if the person has a reasonable excuse.\nmentioned in s (2) (see Criminal Code, s 58).\n(3) An offence against this section is a strict liability offence.\nadaptable housing dwelling—see the Civil Law (Sale of Residential\nProperty) Act 2003, dictionary.\nrequired information means the following information:\n(a) if there is an existing energy efficiency rating of the habitable\npart of the premises—a statement of the energy efficiency\nrating;\n(b) if there is no existing energy efficiency rating of the habitable\npart of the premises—a statement to that effect;\n(c) if the premises are an adaptable housing dwelling—a statement\nthat the premises are an adaptable housing dwelling;\n(d) if the premises are required to comply with the minimum\nhousing standards—a statement about whether the premises\ncomply;\n(e) if the premises are exempt from complying with a minimum\nhousing standard—a statement that the premises are exempt;\n(f) anything else prescribed by regulation.\n\n11AA Advertising—false or misleading required information\n(a) the person publishes an advertisement for the lease of premises;\nand\n(b) the advertisement includes the required information; and\n(c) the required information is false or misleading.\n(2) Subsection (1) does not apply if the person has a reasonable excuse.\nmentioned in s (2) and s (3) (see Criminal Code, s 58).\n(3) Also, subsection (1) (c) does not apply if the information is not false\nor misleading in a material particular.\n(4) An offence against this section is a strict liability offence.\nrequired information—see section 11A (4).\n11AB Certain special conditions must be advertised\nA person commits an offence if—\n(a) the person publishes an advertisement for the lease of residential\n(b) the proposed residential tenancy agreement for the premises—\n(i) contains a term endorsed by the ACAT under section 10\n(Endorsement of inconsistent tenancy terms by ACAT); or\n(ii) requires the lessor’s consent to keep an animal on the\n\n(c) the advertisement does not—\n(i) if paragraph (b) (i) applies—state that the term applies; and\n(ii) if paragraph (b) (ii) applies—\n(A) state that consent is required; and\n(B) if the lessor has prior approval from the ACAT under\nsection 71AF to impose a condition on consent—state\nthat a condition applies.\n11AC Lessor or agent must advertise rental rate for premises\n(a) the person publishes an advertisement for the lease of residential\n(b) the advertisement does not state the rental rate payable for the\n(2) An offence against this section is a strict liability offence.\ninclusion, in relation to premises, means property or a right or\nentitlement that relates to the premises.\nExamples—optional extras\naccess to a basement car park, partial or full furnishing of the premises\nrental rate—\n(i) a single amount; or\n\n(ii) 2 or more single amounts if each single amount relates to\nan inclusion offered by a lessor and which a tenant may\naccept to be included under the lease; but\n(b) does not include a range of amounts or a minimum or maximum\namount.\n11AD Lessor or agent must not solicit rent bidding\n(1) A person commits an offence if the person solicits or invites a tenant\nto offer a rental rate for premises that is higher than the advertised\nrental rate for the premises.\n(2) However, subsection (1) does not prevent a lessor from accepting an\noffer from a tenant for a higher rental rate than the advertised rental\nrate if the offer was made by the tenant without solicitation or\ninvitation from the lessor or another person.\n(3) An offence against this section is a strict liability offence.\n","sortOrder":32},{"sectionNumber":"11B","sectionType":"section","heading":"Smoke alarms","content":"11B Smoke alarms\n(1) A lessor must not enter into a residential tenancy agreement with a\ntenant in relation to premises unless—\n(a) smoke alarms are installed at the premises; and\n(b) the smoke alarms, and the installation of the smoke alarms,\ncomply with the requirements prescribed by regulation.\nNote Other requirements may apply in relation to the installation of smoke\nalarms, for example, requirements under the Building Act 2004.\n(2) A regulation made for subsection (1) may apply, adopt or incorporate\na law or instrument as in force from time to time.\n\n","sortOrder":33},{"sectionNumber":"12","sectionType":"section","heading":"Lessor’s obligations","content":"12 Lessor’s obligations\n(1) The lessor must give the tenant a copy of the proposed residential\ntenancy agreement and, if they are not included in the copy of the\nagreement, the standard residential tenancy terms, and allow the\ntenant a reasonable time to consider the proposed agreement.\n(2) A copy of a residential tenancy agreement provided under\nsubsection (1) that contains a provision that is inconsistent with a\nstandard residential tenancy term must be annotated in a way that\ndraws the attention of the tenant to the provision and the fact that it is\ninconsistent with a standard residential tenancy term.\n(3) The lessor must provide the tenant with the following information:\n(a) the lessor’s full name;\n(b) an address for service on the lessor and at which the lessor can\nbe contacted by the tenant;\n(c) for the premises that are the subject of the proposed residential\n(i) a copy of an energy efficiency rating statement (if any) for\nthe habitable part of the premises; or\n(ii) a copy of a fresh energy efficiency rating statement for the\nhabitable part of the premises if—\n(A) building work under the Building Act 2004, section 6\nhas been carried out on the premises that affects the\nenergy efficiency rating of the habitable part of the\n(B) before the building work was carried out, an energy\nefficiency rating statement had been prepared for the\nhabitable part of the premises;\n\n(d) if the premises are crisis accommodation provided by a declared\ncrisis accommodation provider—a statement explaining that the\nlessor can terminate the agreement on 4 weeks notice if the\nlessor needs the premises to use as crisis accommodation for\nsomeone other than the tenant;\n(e) if there is an asbestos assessment report for the premises and the\nlessor can obtain a copy of the report after taking reasonable\nsteps—a copy of the report;\n(f) if there is no asbestos assessment report for the premises or the\nlessor cannot obtain the asbestos assessment report for the\npremises after taking reasonable steps—an asbestos advice for\nthe premises;\n(g) a written statement that contains the following information:\n(i) if the premises are required to comply with a minimum\nhousing standard—\n(A) a statement about whether the premises comply; and\n(B) if the premises do not comply with the standard—the\nreason why the premises do not comply and the\nproposed compliance date that the premises must\ncomply with the standard;\n(ii) if the premises are exempt from complying with a\nminimum housing standard—the reason for the exemption;\n(h) if the tenant asks—a copy of any record required to be kept by\nthe lessor in accordance with section 19C (Lessor must keep\nrecords about minimum housing standards);\n(i) if section 8 (1) (c) applies—a statement explaining that the\nlessor can terminate the agreement on 26 weeks notice if the\ntenant does not apply for ongoing housing assistance within\n6 weeks after the start of the temporary housing assistance;\n\n(j) if section 8 (1) (e) applies—a copy of any subsidised\naccommodation eligibility requirements;\n(k) if the premises are a unit under the Unit Titles Act 2001—\n(i) a unit title rental certificate given to the lessor under the\nUnit Titles (Management) Act 2011, section 119; and\n(ii) any changed information in relation to a unit title rental\ncertificate given to the lessor under the Unit Titles\n(Management) Act 2011, section 119B;\n(l) any other information prescribed by regulation.\nasbestos advice means an advice notified under the Dangerous\nSubstances Act 2004, section 47M.\nasbestos assessment report, for premises—see the Dangerous\nSubstances Act 2004, section 47K.\ndeclared crisis accommodation provider means a crisis\naccommodation provider declared under section 126.\nproposed compliance date, in relation to premises that do not comply\nwith a minimum housing standard, means—\n(a) if a regulation prescribes a period in which the premises must\ncomply—the end of the period; or\n(b) in any other case—1 month after the day the residential tenancy\nagreement for the premises is entered into.\nsubsidised accommodation eligibility requirements, in relation to\npremises under a residential tenancy agreement, means any rule or\nrequirement against which—\n(a) the tenant’s eligibility to live in the premises will be assessable\nduring the tenancy; or\n\n(b) the lessor’s or owner’s eligibility to receive the government\nfunding or assistance in relation to the premises will be\nassessable during the tenancy.\nunit title rental certificate—see the Unit Titles (Management)\nAct 2011, section 119 (1) (c).\n","sortOrder":34},{"sectionNumber":"13","sectionType":"section","heading":"Tenant’s obligations","content":"13 Tenant’s obligations\nThe tenant must provide the lessor with the tenant’s full name.\n","sortOrder":35},{"sectionNumber":"14","sectionType":"section","heading":"Agent’s obligations","content":"14 Agent’s obligations\nThe agent of a lessor or tenant must provide the tenant or lessor, as\nthe case requires, with the following information:\n(a) the agent’s full name;\n(b) the fact that they are the agent of the lessor or tenant;\n(c) if the agent is a company—the name of a company employee\nwho can be contacted in relation to the residential tenancy\n","sortOrder":36},{"sectionNumber":"15","sectionType":"section","heading":"Rent or a bond only","content":"15 Rent or a bond only\n(1) In consideration for giving a tenant a right to occupy premises, a\nlessor may only require or accept rent or a bond.\n(2) A lessor must not require or accept any consideration for—\n(a) agreeing to enter into, extend or renew a residential tenancy\n(b) consenting to a co-tenant leaving a residential tenancy\nagreement under section 35A; or\n(c) consenting to a person becoming a co-tenant under section 35C;\nor\n\nConsideration Division 2.3\n(d) agreeing to the assignment or transfer of a tenant’s rights and\nobligations under a residential tenancy agreement; or\n(e) consenting to a tenant entering into, extending or renewing a\nresidential tenancy agreement with a subtenant; or\n(f) vacating premises; or\n(g) giving a tenant a key to premises; or\n(h) informing a tenant about the availability of premises for\noccupation under a residential tenancy agreement.\n(3) For subsection (1), a requirement that a tenant make alterations,\nimprovements or repairs to the premises is taken to be consideration.\n(4) In subsection (1), a reference to a bond—\n(a) includes a reference to a guarantee or an indemnity under\nsection 16; but\n(b) if the guarantee or indemnity is a commercial guarantee—only\nincludes a commercial guarantee that is consistent with a\nregistered standard guarantee contract.\n(5) This Act does not prevent the housing commissioner from requiring\na tenant to agree to pay an outstanding amount owed by the tenant to\nthe housing commissioner in relation to a previous tenancy in\nconsideration for giving the tenant a right to occupy premises if the\nACAT has, under section 10, endorsed the term of the residential\ntenancy agreement requiring the payment.\n(6) The inclusion in a residential tenancy agreement of a term requiring\npayment of an outstanding amount owed by the tenant to the housing\ncommissioner does not prevent—\n(a) the commissioner and the tenant agreeing to the tenant repaying\nthe outstanding amount over a period of time longer than the\nperiod set out in the term; or\n\n(b) the commissioner from taking action against the tenant in\nrelation to the outstanding amount.\nregistered standard guarantee contract means a standard guarantee\ncontract registered under section 104.\n","sortOrder":37},{"sectionNumber":"16","sectionType":"section","heading":"Alternative to a bond—guarantee or indemnity","content":"16 Alternative to a bond—guarantee or indemnity\n(1) Subject to subsection (2), in addition to or in place of a bond, a lessor\nmay accept either a guarantee or an indemnity for the performance of\na tenant’s obligations under a residential tenancy agreement.\n(2) A guarantee or an indemnity under subsection (1) is only enforceable\nagainst the guarantor or indemnifier—\n(a) if it is in addition to a bond—to the extent of the difference\nbetween the maximum amount that would have been payable by\nthe tenant as a bond and the amount that is payable by the tenant\nas a bond; or\n(b) if it is in place of a bond—to the extent of the maximum amount\nthat would have been payable by the tenant as a bond.\n(3) A term of a commercial guarantee, in relation to a residential tenancy\nagreement, that is inconsistent with, or is in addition to, a registered\nstandard guarantee contract is void.\n(4) If a regulation requires a commercial guarantee to include a term in\nthe contract, the guarantee is taken to include the term.\n(5) If a regulation requires a matter to be excluded from a commercial\nguarantee, the guarantee is void to the extent that it includes the\nmatter.\nregistered standard guarantee contract means a standard guarantee\ncontract registered under section 104.\n\nLessor’s obligations on signing agreement Division 2.4\n","sortOrder":38},{"sectionNumber":"18","sectionType":"section","heading":"Holding deposits","content":"18 Holding deposits\n(1) A lessor must not require or accept a holding deposit.\n(2) An agreement to pay a holding deposit is void, and any amount paid\nunder an agreement to pay a holding deposit is recoverable as a debt\nowing by the person to whom the amount was paid to the person who\npaid the amount.\nholding deposit means an amount paid or payable by a tenant to a\nlessor in consideration for the lessor not entering into a residential\ntenancy agreement with a third party in relation to premises pending\nthe tenant entering into a residential tenancy agreement with the\nlessor in relation to the premises.\n","sortOrder":39},{"sectionNumber":"Div 2","sectionType":"division","heading":"4 Lessor’s obligations on signing","content":"Division 2.4 Lessor’s obligations on signing\n","sortOrder":40},{"sectionNumber":"19","sectionType":"section","heading":"Copy of agreement to be given to tenant","content":"19 Copy of agreement to be given to tenant\n(1) After a residential tenancy agreement has been signed by both parties\nto the agreement, the lessor must give the tenant a copy of the signed\n(2) A lessor is taken to have complied with subsection (1) only if the\nlessor gives the copy to the tenant within 3 weeks after the lessor\nreceives the agreement signed by the tenant.\n\n","sortOrder":41},{"sectionNumber":"19A","sectionType":"section","heading":"Minimum housing standards","content":"19A Minimum housing standards\n(1) A regulation may prescribe minimum standards for premises made\navailable for occupation under a residential tenancy agreement\n(the minimum housing standards), including in relation to the\nfollowing matters:\n(a) physical accessibility;\n(b) energy efficiency;\n(c) safety and security;\n(d) sanitation;\n(e) amenity.\n(2) A regulation made for subsection (1) may apply, adopt or incorporate\na law or instrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n","sortOrder":42},{"sectionNumber":"19B","sectionType":"section","heading":"Lessor’s obligations about minimum housing standards","content":"19B Lessor’s obligations about minimum housing standards\n(1) A lessor must ensure that premises made available for occupation\nunder a residential tenancy agreement comply with the minimum\nhousing standards applying to the premises not later than the\nproposed compliance date mentioned in section 12 (4).\n(2) If, after entering into a residential tenancy agreement, the lessor\nbecomes aware that the premises do not comply, or no longer comply,\nwith a minimum housing standard applying to the premises, the lessor\nmust ensure the premises comply with the standard as soon as\npracticable after becoming aware of the noncompliance.\n\nMinimum housing standards Division 2.5\n","sortOrder":43},{"sectionNumber":"19C","sectionType":"section","heading":"Lessor must keep records about minimum housing","content":"19C Lessor must keep records about minimum housing\nstandards\nA lessor must keep the following records for premises made available\nfor occupation under a residential tenancy agreement:\n(a) if the premises are required to comply with a minimum housing\nstandard—evidence that the premises comply;\n(b) if the premises are exempt from complying with a minimum\nhousing standard—evidence supporting the exemption;\n(c) any other record prescribed by regulation.\n\n","sortOrder":44},{"sectionNumber":"20","sectionType":"section","heading":"Maximum amount payable","content":"20 Maximum amount payable\nA lessor may only require or accept as a bond an amount of not more\nthan the first 4 weeks of rent payable under the residential tenancy\n","sortOrder":45},{"sectionNumber":"21","sectionType":"section","heading":"Only 1 bond per residential tenancy agreement","content":"21 Only 1 bond per residential tenancy agreement\nA lessor may only require or accept 1 bond in relation to a residential\n","sortOrder":46},{"sectionNumber":"22","sectionType":"section","heading":"Consecutive tenancy agreements","content":"22 Consecutive tenancy agreements\n(a) a bond is being held in relation to a residential tenancy\nagreement that terminates or is terminated; and\n(b) 1 or more tenants under the terminated agreement continue to\noccupy the premises under a consecutive tenancy agreement.\n(2) The lessor must not require or accept a bond in relation to the\nconsecutive tenancy agreement unless a bond release application has\nbeen made under division 3.4 (Release of bond money) in relation to\nthe bond for the terminated agreement.\n(3) If a bond release application is not made under division 3.4 in relation\nto the bond for the terminated agreement, the bond held in relation to\nthe agreement is taken to be a bond paid under the consecutive\n\nDepositing bond Division 3.2\n","sortOrder":47},{"sectionNumber":"23","sectionType":"section","heading":"Deposit of bond by lessor","content":"23 Deposit of bond by lessor\n(1) The tenant must pay the bond to the lessor.\n(2) Subsection (1) does not apply if the lessor and tenant agree that the\ntenant will deposit the bond with the Territory.\n(3) If the tenant pays the bond to the lessor and not to the lessor’s agent,\nthe lessor must, before the prescribed period ends, deposit with the\nTerritory—\n(a) the amount of the bond; and\n(b) a notice in accordance with section 25.\n(4) If the tenant pays the bond to the lessor’s agent, the agent must, before\nthe prescribed period ends, deposit with the Territory—\n(a) the amount of the bond; and\n(b) a notice in accordance with section 25.\n(5) An offence against this section is a strict liability offence.\nprescribed period means—\n(a) 2 weeks after the day the lessor receives the bond; or\n(b) if another period is prescribed by regulation—the prescribed\n\n","sortOrder":48},{"sectionNumber":"24","sectionType":"section","heading":"Deposit of bond by tenant","content":"24 Deposit of bond by tenant\n(1) If the lessor and the tenant agree to the tenant depositing the bond\nwith the Territory—\n(a) the tenant must deposit with the Territory the amount of the\nbond; and\n(b) the tenant, or the lessor on the tenant’s behalf, must lodge a\nnotice in accordance with section 25.\n(2) Unless the lessor and the tenant otherwise agree, the tenant is not\nentitled to possession of the premises until—\n(a) the tenant gives the lessor evidence that the bond has been\ndeposited; or\n(b) the Territory gives the lessor written notice that the bond has\nbeen deposited.\nNote Under the Electronic Transactions Act 2001, s 8 (1), information required\nto be in writing may be given electronically in certain circumstances.\n","sortOrder":49},{"sectionNumber":"25","sectionType":"section","heading":"Notice about deposit","content":"25 Notice about deposit\nA notice under section 23 (3) (b), section 24 (1) (b) or section 26 must\nspecify—\n(a) the names of and addresses for service on the lessor and the\ntenant; and\n(b) the address of the premises that are the subject of the residential\n(c) the rent payable under the residential tenancy agreement; and\n(d) the amount of bond being deposited.\n\nDepositing bond Division 3.2\n","sortOrder":50},{"sectionNumber":"26","sectionType":"section","heading":"Acknowledgment of receipt of bond money","content":"26 Acknowledgment of receipt of bond money\nIf the Territory accepts an amount of bond, the Territory must—\n(a) if the tenant deposited the bond—give the tenant a receipt for\nthe amount; and\n(b) give the tenant and lessor a notice in accordance with section 25.\nNote Under the Electronic Transactions Act 2001, s 8 (1), information required\nto be in writing under this section may be given electronically in certain\ncircumstances.\n","sortOrder":51},{"sectionNumber":"27","sectionType":"section","heading":"Payment of bond money into trust account","content":"27 Payment of bond money into trust account\n(1) The Territory must pay all bond money received by it under this part\nto the credit of the trust account.\n(2) Subject to any order of the ACAT, an amount paid to the credit of the\ntrust account in accordance with subsection (1) must be applied only\nin the payment of bond money in accordance with the following\nsections:\n(a) 34A (3);\n(b) 34B (2);\n(c) 34C (2);\n(d) 34D (2) and (3);\n(e) 34E (2);\n(f) 35 (5).\n","sortOrder":52},{"sectionNumber":"28","sectionType":"section","heading":"Interest on amounts in trust account","content":"28 Interest on amounts in trust account\n(1) This section applies to interest from the investment of any amount\npaid to the credit of the trust account under this part.\n\n(2) The director-general must pay the interest into the interest trust\naccount or the ACAT trust account.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 115C sets out\nhow amounts paid into the ACAT trust account may be used.\n(3) The director-general may transfer amounts from the interest trust\naccount to the ACAT trust account.\n(4) Interest paid into the interest trust account may be applied for the\nfollowing purposes:\n(a) providing lessor and tenant information programs;\n(b) providing dispute resolution services for residential tenancy\ndisputes;\n(c) facilitating assistance in the provision of residential\naccommodation, whether or not the accommodation is provided\nunder this Act;\n(d) researching issues of concern to lessors and tenants;\n(e) reimbursing the costs incurred by the commissioner in\ninstituting, defending or taking over proceedings in relation to\ntenancy disputes;\n(f) reimbursing the Territory the cost of administering this Act.\ninterest—see the Financial Management Act 1996, dictionary.\ninterest trust account means the trust bank account maintained by the\ndirector-general of the administrative unit responsible for\nadministering this Act in accordance with the Financial Management\nAct 1996, section 51.\n\nCondition of premises and deductions from bond Division 3.3\n","sortOrder":53},{"sectionNumber":"Div 3","sectionType":"division","heading":"3 Condition of premises and deductions","content":"Division 3.3 Condition of premises and deductions\nfrom bond\n","sortOrder":54},{"sectionNumber":"29","sectionType":"section","heading":"Condition report—start of tenancy","content":"29 Condition report—start of tenancy\n(1) A lessor must, not later than the day after a tenant takes possession of\nthe premises, give the tenant 2 copies of a report about the state of\nrepair or general condition of the premises and of any goods leased\nwith the premises (a condition report) on the day the tenant is given\nthe report.\n(2) A condition report must be signed by the lessor.\n(3) The tenant must, within 2 weeks after receiving the copies of the\ncondition report, return 1 copy to the lessor, either—\n(a) signed by the tenant; or\n(b) endorsed with a statement, signed by the tenant, indicating\nwhether the tenant agrees or disagrees with the whole of the\nreport or with specified parts of it.\n(4) If the tenant returns the copy signed but without further endorsement,\nthe tenant is taken to have agreed with the whole of the condition\nreport.\n(5) However, for a consecutive tenancy agreement, the lessor and tenant\nneed not comply with this section if an original condition report or\nsubsequent condition report exists for the premises.\n(6) To remove any doubt, a condition report for premises may, but need\nnot, contain a list of items at the premises, other than goods leased\nwith the premises.\n\n","sortOrder":55},{"sectionNumber":"30","sectionType":"section","heading":"Evidence of condition of premises","content":"30 Evidence of condition of premises\n(1) If section 29 (1) and (3) have been complied with, a statement in a\ncondition report about the state of repair or general condition of the\npremises, and of any goods leased with the premises, (other than a\nstatement in relation to which the tenant, by endorsement, has\nindicated disagreement) is evidence of that state of repair or general\ncondition on the day the tenant was given the report.\n(2) If only section 29 (1) has been complied with, a statement in a\ncondition report about the state of repair or general condition of the\npremises, and of any goods leased with the premises, is evidence of\nthat state of repair or general condition on the day the tenant was\ngiven the report.\n(3) If section 29 (1) has not been complied with, evidence by the tenant\nabout the state of repair or general condition of the premises, and of\nany goods leased with the premises, is evidence of that state of repair\nor general condition on the day the tenant took possession of the\n30AA Evidence of condition of premises—consecutive tenancy\n(1) This section applies if a residential tenancy agreement is a\nconsecutive tenancy agreement.\n(2) A statement in an original condition report for the premises under the\nconsecutive tenancy agreement is evidence of the state of repair or\ngeneral condition of the premises, and of any goods leased with the\npremises, on the day the tenant was given the report.\n(3) A statement in a subsequent condition report is evidence of the state\nof repair or general condition of the premises, and of any goods leased\nwith the premises, on the day the condition report was signed by the\n\nCondition of premises and deductions from bond Division 3.3\n(4) However, if a subsequent condition report is not signed by the\ntenant—\n(a) a statement in the report cannot be relied on as evidence of the\nstate of repair or general condition of the premises, or of any\ngoods leased with the premises; and\n(b) the state of repair or general condition of the premises, and of\nany goods leased with the premises, is taken to be as stated in—\n(i) if no subsequent condition report exists for the premises—\nthe original condition report for the premises; or\n(ii) if 1 subsequent condition report exists for the premises—\nthat report; or\n(iii) if more than 1 subsequent condition report exists for the\npremises—the most recent report.\ntenant, for a consecutive tenancy agreement, includes—\n(a) a tenant under the agreement; or\n(b) a tenant, including a different tenant to the tenant mentioned in\nparagraph (a), under any terminated agreement for the premises.\n","sortOrder":56},{"sectionNumber":"30A","sectionType":"section","heading":"Final inspection and condition report—end of tenancy","content":"30A Final inspection and condition report—end of tenancy\n(1) A lessor must, together with the tenant, carry out an inspection of the\npremises at the end of the residential tenancy agreement.\n(2) The lessor must, together with the tenant, complete and sign a\ncondition report based on the inspection.\n(3) However, a party may complete and sign the condition report in the\nabsence of the other party if the party has given the other party a\nreasonable opportunity to be present when the report is completed and\nsigned.\n\n(4) Also, the lessor and tenant need not comply with this section if at least\n1 tenant under the residential tenancy agreement has agreed with the\nlessor to enter into a consecutive tenancy agreement for the premises.\n","sortOrder":57},{"sectionNumber":"31","sectionType":"section","heading":"Deductions from bond","content":"31 Deductions from bond\nA lessor is entitled to deduct from the bond paid under the residential\ntenancy agreement any of the following:\n(a) the reasonable cost of repairs to, or the restoration of, the\npremises or goods leased with the premises as a result of damage\n(other than fair wear and tear) caused by the tenant;\n(b) the reasonable cost of securing the premises if the tenant fails to\nreturn the keys for the premises to the lessor at the end of the\ntenancy;\n(c) any rent owing and payable under the residential tenancy\nagreement at the time the agreement terminates or is terminated;\n(d) the reasonable cost of replacing any fuel supplied to the\npremises by the lessor at the commencement or during the\ncourse of the tenancy;\nExamples—fuel\n• gas\n• oil\n• wood\n(e) any reasonable amount (not greater than the costs incurred) for\nthe cost of legal fees incurred by the lessor in assigning or\ntransferring a tenant’s rights under a residential tenancy\n(f) any amount expressed in a term of the agreement to be\ndeductible by the lessor from the bond, if the term is endorsed\nby the ACAT under section 10.\n\n","sortOrder":58},{"sectionNumber":"32","sectionType":"section","heading":"Definitions—div 3.4","content":"32 Definitions—div 3.4\nbond release application, in relation to a residential tenancy\nagreement, means an application to the Territory for payment out of\nthe trust account of the amount of the bond paid under the agreement.\n","sortOrder":59},{"sectionNumber":"33","sectionType":"section","heading":"Bond release application—general","content":"33 Bond release application—general\n(1) A bond release application may be made after the termination of a\nresidential tenancy agreement by—\n(a) the tenant and lessor jointly, under section 34A (Bond release\napplication—joint application); or\n(b) the tenant, under section 34B (Bond release application—\napplication by tenant); or\n(c) the lessor, under section 34C (Bond release application—\napplication by lessor).\nNote A bond release application may be made before the termination of a\nresidential tenancy agreement in certain circumstances (see s 34D).\n(2) The lessor or tenant may make more than 1 application in relation to\nthe agreement only with the director-general’s permission.\n","sortOrder":60},{"sectionNumber":"34","sectionType":"section","heading":"Bond release application—lessor’s obligations","content":"34 Bond release application—lessor’s obligations\n(1) If a residential tenancy agreement is terminated, the lessor must give\nthe tenant—\n(a) a bond release application form signed by the lessor; and\n(b) if the application includes a claim by the lessor for a deduction\nfrom the bond—\n(i) a written statement of the reasons for the deduction; and\n\n(ii) if the reasons include a reason mentioned in section 31 (a)\nor (b) (Deductions from bond)—a written estimate of the\ncost of the repairs or restoration.\n(2) The lessor must give the signed bond release application to the\ntenant—\n(a) if the application includes a claim for a deduction from the bond\nfor a reason mentioned in section 31 (a) or (b)—10 working days\nafter the day the residential tenancy agreement is terminated;\nand\n(b) in any other case—3 working days after the day the residential\ntenancy agreement is terminated.\n(3) If there are 1 or more co-tenants, the lessor’s obligation under\nsubsection (1) is satisfied if the lessor gives the bond release\napplication form to 1 of the co-tenants.\n(4) However, the lessor need not comply with this section if 1 or more\ntenants under the terminated agreement continue to occupy the\npremises under a consecutive tenancy agreement.\n","sortOrder":61},{"sectionNumber":"34A","sectionType":"section","heading":"Bond release application—joint application","content":"34A Bond release application—joint application\n(a) a lessor gives the tenant a signed bond release application form\nunder section 34 (Bond release application—lessor’s\nobligations) in relation to a residential tenancy agreement; and\n(b) the tenant or, if there are co-tenants, each co-tenant signs the\nform.\n(2) The lessor or tenant may give the signed application to the Territory.\n\n(3) On receiving the signed application, the Territory must pay out of the\ntrust account—\n(a) to the tenant or, if there are co-tenants, the co-tenants—the\namount claimed as the bond in the application, less any amount\nclaimed by the lessor as a deduction from the bond; and\n(b) to the lessor—any amount claimed as a deduction.\n(4) The amount paid out of the trust account must not exceed the amount\n","sortOrder":62},{"sectionNumber":"34B","sectionType":"section","heading":"Bond release application—application by tenant","content":"34B Bond release application—application by tenant\n(1) A tenant may make a bond release application to the Territory if—\n(a) the tenant has not received a bond release application form from\nthe lessor under section 34 (Bond release application—lessor’s\nobligations); or\n(b) the tenant has received a bond release application form under\nsection 34 and has not signed the form; or\n(c) if there are co-tenants—\n(i) at least 1 of the co-tenants has received a bond release\napplication form from the lessor under section 34; and\n(ii) the co-tenant making the application has signed the form;\nbut\n(iii) at least 1 co-tenant has not signed the form.\n(2) On receiving a bond release application from the tenant, the Territory\nto the lessor and each co-tenant who has not signed the\napplication (other than the applicant); and\n\n(b) if the Territory does not receive a notice disputing the\napplication from a person mentioned in paragraph (a) within 2\nweeks after the day the person was given the notice of\napplication—pay out of the trust account in accordance with the\napplication the amount claimed as bond in the application.\n","sortOrder":63},{"sectionNumber":"34C","sectionType":"section","heading":"Bond release application—application by lessor","content":"34C Bond release application—application by lessor\n(1) A lessor may make a bond release application to the Territory—\n(a) if—\n(i) the lessor had given a tenant a bond release application\nform under section 34 (Bond release application—lessor’s\nobligations); and\n(ii) the tenant has not given the signed bond release application\nto the Territory or lessor within 10 days or any longer\nperiod prescribed by regulation; or\n(b) if, despite taking reasonable steps to do so, the lessor has been\nunable to give a bond release application form to a tenant under\nsection 34.\n(2) On receiving a bond release application from the lessor, the Territory\nto the tenant; and\n(b) if the Territory does not receive a notice disputing the\napplication from the tenant within 2 weeks after the day the\ntenant was given the notice of application—pay out of the trust\naccount in accordance with the application the amount claimed\nas bond in the application.\n\n","sortOrder":64},{"sectionNumber":"34D","sectionType":"section","heading":"Bond release application before end of agreement","content":"34D Bond release application before end of agreement\n(1) A bond release application may be made before the termination of a\nresidential tenancy agreement if it is—\n(a) made by the tenant and lessor jointly; or\n(b) made by the lessor for payment to the tenant, or by the tenant for\npayment to the lessor, of the total amount of the bond paid under\nthe agreement; or\n(c) made by the lessor or tenant in accordance with an order of the\nACAT stating that money is to be paid from an amount of bond.\nNote Section 34E deals with applications mentioned in s (1) (c).\n(2) On receiving an application under subsection (1) (a), the Territory\nmust pay out of the trust account—\n(a) to the tenant—the amount claimed as the bond in the\napplication, less any amount claimed by the lessor as a\ndeduction from the bond; and\n(b) to the lessor—any amount claimed as a deduction;\n(3) On receiving an application under subsection (1) (b), the Territory\nmust pay out of the trust account the amount claimed as the bond to\nthe person mentioned in the application as the recipient.\n(4) The amount paid out of the trust account under subsection (2) or (3)\nmust not exceed the amount of bond paid into the trust account in\nrelation to the residential tenancy agreement.\n\n","sortOrder":65},{"sectionNumber":"34E","sectionType":"section","heading":"Bond release application—ACAT order","content":"34E Bond release application—ACAT order\n(1) This section applies if a lessor or tenant makes a bond release\napplication, to the Territory, in relation to a residential tenancy\nagreement that is in accordance with an order of the ACAT stating an\namount of money is to be paid from an amount of bond.\n(2) On receiving the application, the Territory must—\nto the party to the agreement who did not make the application;\nand\n(b) pay out of the trust account an amount of bond in accordance\nwith the application.\n","sortOrder":66},{"sectionNumber":"34F","sectionType":"section","heading":"Bond release application—discrepancy in named tenant","content":"34F Bond release application—discrepancy in named tenant\n(a) a lessor or tenant makes a bond release application to the\nTerritory in relation to a residential tenancy agreement; and\n(b) the name of a tenant in the bond release application does not\nmatch the name of the tenant that has been notified to the\nTerritory under—\n(i) section 23 (3) (b) (Deposit of bond by lessor); or\n(ii) section 24 (1) (b) (Deposit of bond by tenant); or\n(iii) section 35B (2) (b) (Repayment of bond to leaving\nco-tenant); or\n(iv) section 35BA (2) (b) (Repayment of bond to former\nco-tenant—consecutive tenancy agreement); or\n\n(v) section 35F (2) (b) (Payment of bond by new co-tenant); or\n(vi) section 35FA (2) (b) (Payment of bond by new co-tenant—\nconsecutive tenancy agreement).\n(2) The Territory may refer the bond release application to the ACAT.\n(3) If a bond release application is referred to the ACAT, the ACAT\n(a) decide who is entitled to receive the released bond; and\n(b) make an order directing the Territory to release the bond in\naccordance with the decision.\n","sortOrder":67},{"sectionNumber":"35","sectionType":"section","heading":"Disputes about all or part of bond","content":"35 Disputes about all or part of bond\n(a) a tenant or lessor is given a notice (a notice of application) about\na bond release application under section 34B (2) (a) (Bond\nrelease application—application by tenant) or\nsection 34C (2) (a) (Bond release application—application by\nlessor); and\n(b) the tenant or lessor gives the Territory a written notice (a notice\nof dispute) disputing the application within 2 weeks after the day\nthe notice of application is given to the tenant or lessor.\n(2) The Territory must refer the application and notice of dispute to the\nACAT as a tenancy dispute.\n(3) The referral of the application and notice of dispute is taken to be an\napplication to the ACAT about a tenancy dispute.\n(4) However, the Territory need not refer the application and notice of\ndispute to the ACAT if the application is in accordance with an order\nof the ACAT stating that an amount is to be paid from an amount of\nbond.\n\n(5) If a notice of dispute relates to only part of an amount of bond\nclaimed, the Territory must, before referring the application and\nnotice of dispute to the ACAT, release the amount of the bond that is\nnot in dispute to the appropriate person.\n\n","sortOrder":68},{"sectionNumber":"35A","sectionType":"section","heading":"Co-tenant may leave residential tenancy agreement","content":"35A Co-tenant may leave residential tenancy agreement\n(1) A co-tenant (the leaving co-tenant) may stop being a party to a\nresidential tenancy agreement only—\n(a) with the consent of the lessor and each remaining co-tenant\nunder the agreement; or\n(b) by order of the ACAT under section 35G (1) (a) or (d); or\n(c) in accordance with section 46D (Termination for family\nviolence).\n(2) For subsection (1) (a), the leaving co-tenant must seek the consent of\nthe lessor and each remaining co-tenant—\n(a) by notice in writing (the consent application); and\n(b) at least 21 days before the day the leaving co-tenant intends to\nstop being a party to the residential tenancy agreement\n(the proposed leaving day).\n(3) The lessor and each remaining co-tenant—\n(a) if the proposed leaving day is during the term of a fixed term\nagreement—may refuse consent whether or not it is reasonable\nto do so; but\n(b) if the residential tenancy agreement is a periodic agreement on\nthe proposed leaving day—must not unreasonably refuse\nconsent.\n(4) For subsection (1) (a), the lessor and a remaining co-tenant is taken\nto consent if—\n(a) they do not respond to the leaving co-tenant within 21 days after\nreceiving the consent application; and\n\n(b) in the circumstances mentioned in subsection (3) (b)—they do\nnot apply to the ACAT, within 21 days after receiving the\nconsent application, for an order under section 35G (1) (b) or (2)\nto refuse consent.\n(5) If consent is given to the leaving co-tenant stopping being a party to\na residential tenancy agreement—\n(a) the agreement continues between the lessor and the remaining\nco-tenants; and\n(b) the leaving co-tenant’s rights and obligations under the\nagreement end.\n(6) For subsection (5), a co-tenant stops being a party to a residential\ntenancy agreement on—\n(a) the proposed leaving day or any other day agreed between the\nparties; or\n(b) if the ACAT makes an order mentioned in subsection (1) (b)—\nthe day stated in the order.\n","sortOrder":69},{"sectionNumber":"35B","sectionType":"section","heading":"Repayment of bond to leaving co-tenant","content":"35B Repayment of bond to leaving co-tenant\n(a) a co-tenant (the leaving co-tenant) stops being a party to a\nresidential tenancy agreement—\n(i) under section 35A; or\n(ii) because of an ACAT order under section 35G (1) (a), (c)\n(ii) or (d); or\n(iii) in accordance with section 46D (Termination for family\nviolence); and\n(b) a bond is held in relation to the agreement; and\n(c) the leaving co-tenant paid some or all of the bond in relation to\nthe agreement; and\n\n(d) 1 or more of the remaining co-tenants continue to be a party to\nthe agreement.\n(2) The remaining co-tenants must, not more than 14 days after the day\nthe leaving co-tenant stops being a party to the residential tenancy\nagreement—\n(a) pay to the leaving co-tenant an amount equal to the bond paid\nby the leaving co-tenant under the agreement; and\n(b) notify the Territory that the leaving co-tenant has been paid\nunder paragraph (a).\n(3) The remaining co-tenants may deduct from that amount—\n(a) any portion of rent unpaid by the leaving co-tenant; and\n(b) other reasonable costs in relation to the premises.\nExample—reasonable costs\nfor damage caused to the premises by the leaving co-tenant\n(4) A leaving co-tenant is not entitled to payment of any other amount of\nthe bond under the residential tenancy agreement.\n(5) Subsection (2) does not apply if the amount that may be deducted\nunder subsection (3) is more than the amount of the bond paid by the\nleaving co-tenant.\n(6) A leaving co-tenant may apply to the ACAT for resolution of a\ndispute in relation to subsection (2) or (3) as a tenancy dispute even\nif the leaving co-tenant has stopped being a party to the residential\nNote The ACAT may make orders requiring the payment of an amount to a\nperson—see s 83 (1) (c).\n\n35BA Repayment of bond to former co-tenant—consecutive\ntenancy agreement\n(a) premises are occupied under a consecutive tenancy agreement;\nand\n(b) a person (the former co-tenant)—\n(i) was a party to the residential tenancy agreement that\nterminates or is terminated; but\n(ii) is not a party to the consecutive tenancy agreement; and\n(c) a bond is held in relation to the terminated agreement; and\n(d) the former co-tenant paid some or all of the bond in relation to\nthe terminated agreement; and\n(e) 1 or more of the remaining co-tenants under the terminated\nagreement are parties to the consecutive tenancy agreement.\n(2) The remaining co-tenants must, not more than 14 days after the day\nthe consecutive tenancy agreement starts—\n(a) pay to the former co‑tenant an amount equal to the share of the\nbond paid by the former co-tenant under the terminated\n(b) notify the Territory that the former co-tenant has been paid\nunder paragraph (a).\n(3) The remaining co-tenants may deduct from that amount—\n(a) any portion of rent unpaid by the former co-tenant; and\n(b) other reasonable costs in relation to the premises.\n(4) A former co-tenant is not entitled to payment of any other amount of\nthe bond under the terminated agreement.\n\n(5) Subsection (2) does not apply if the amount that may be deducted\nunder subsection (3) is more than the amount of the bond paid by the\nformer co-tenant.\n(6) A former co-tenant may apply to the ACAT for resolution of a dispute\nin relation to subsection (2) or (3) as a tenancy dispute even if the\nformer co-tenant is not a party to the consecutive tenancy agreement.\nNote The ACAT may make orders requiring the payment of an amount to a\nperson—see s 83 (1) (c).\n35C Becoming a co-tenant under existing residential tenancy\nagreement—generally\n(a) a tenant under a residential tenancy agreement (an existing\ntenant) wants another person (a new person) to become a\nco-tenant under the agreement; and\n(b) the premises are not a social housing dwelling or crisis\naccommodation.\n(2) To remove any doubt, this section does not apply to the grant by an\nexisting tenant of a sub-tenancy or a bare licence to occupy the\nExample—bare licence\nOllie is a tenant in a house under a residential tenancy agreement. Ollie’s brother,\nLoki, is going overseas and needs a place to stay for 2 weeks. Ollie has said that\nLoki could stay in the spare room until he goes.\n(3) The new person may only become a co-tenant under the residential\n(a) if the existing tenant obtains the consent of the lessor and any\nother existing tenant; or\n(b) if the existing tenant makes an application to the ACAT under\nsection 35D.\n\n(4) For subsection (3) (a), the existing tenant must seek the consent of the\nlessor and any other existing tenant—\n(a) by notice in writing (the consent application); and\n(b) at least 14 days before the day it is proposed the new person will\nbecome a co-tenant under the residential tenancy agreement\n(the proposed joining day).\n(5) The lessor must—\n(a) not unreasonably refuse consent; and\n(b) if the lessor refuses consent—tell the existing tenant and the new\nperson, in writing, the reason for refusing consent.\n(6) For subsection (3) (a), the lessor and any other existing tenant are\ntaken to consent if they do not respond within 14 days after receiving\nthe consent application.\n(7) If consent is given to the new person becoming a co-tenant under the\nresidential tenancy agreement—\n(a) the agreement continues with the new person becoming a\nco-tenant with the existing tenants; and\n(b) not later than the day after the new person becomes a co-tenant,\nthe existing tenants must give the new person a copy of—\n(i) if the agreement is a consecutive tenancy agreement—the\noriginal condition report and any subsequent condition\nreport for the premises; or\n(ii) in any other case—the condition report for the premises.\n(8) For subsection (7), the new person becomes a co-tenant on the\nproposed joining day or any other day agreed between the parties.\n\n35D Co-tenancy on application to ACAT\n(a) an existing tenant has made a consent application for a new\nperson to become a co-tenant under a residential tenancy\n(b) the lessor has refused consent under section 35C; and\n(c) no other existing tenant has refused consent under section 35C.\n(2) The existing tenant may apply to the ACAT for a declaration under\nsection 35G (1) (c) (i) that the lessor’s refusal to consent was\nunreasonable (a declaration application).\n(3) If the existing tenant makes a declaration application—\n(a) the new person becomes a co-tenant under the residential\ntenancy agreement on the day the application is made; and\n(b) the agreement continues with the new person becoming a\nco-tenant with the existing tenants; and\n(c) the existing tenants must give the new person a copy of the\ncondition report for the premises not later than the day after they\nbecome a co-tenant.\nNote The ACAT may subsequently order that the new person stop being a\nco-tenant under the residential tenancy agreement (see s 35G (1) (c) (ii)).\n(4) The lessor may make an application to the ACAT for an order under\nsection 35G (1) (c) (ii) that the new person stop being a co-tenant\nunder the residential tenancy agreement if—\n(a) the existing tenant has made a declaration application; and\n(b) the declaration application is—\n(i) discontinued by the applicant; or\n(ii) otherwise not yet decided by the ACAT.\n\n(5) If the ACAT makes an order mentioned in section 35G (1) (c) (ii)—\n(a) the new person—\n(i) stops being a party to the residential tenancy agreement on\nthe day the order is made; and\n(ii) must leave the premises the subject of the residential\ntenancy agreement within 21 days after the order is made;\nand\n(b) the agreement continues between the lessor and the remaining\nco-tenants; and\n(c) the new person’s rights and obligations under the agreement\nend; and\n(d) section 35B applies to the new person as if the new person had\nstopped being a party to the agreement under section 35A.\nconsent application—see section 35C (4) (a).\nexisting tenant—see section 35C (1) (a).\nnew person—see section 35C (1) (a).\n35E Becoming a co-tenant under existing residential tenancy\nagreement—social housing dwelling and crisis\naccommodation\n(1) This section applies if the lessor and each tenant (the existing tenants)\nunder a residential tenancy agreement in relation to a social housing\ndwelling or crisis accommodation consent to another person\nbecoming a co-tenant under the agreement.\n(2) The residential tenancy agreement continues with the other person\nbecoming a co-tenant with the existing tenants.\n\n(3) The existing tenants must give the other person a copy of the\ncondition report for the premises not later than the day after they\nbecome a co-tenant.\n(4) For subsections (2) and (3), a person becomes a co-tenant on the day\nagreed between the parties.\n35EA Becoming a co-tenant at start of consecutive tenancy\n(1) This section applies if a person becomes a co-tenant under a\nconsecutive tenancy agreement on the day the agreement starts.\nNote See s 35C for becoming a co-tenant at any time after the day the\nconsecutive tenancy agreement starts.\n(2) The consecutive tenancy agreement starts with the person becoming\na co‑tenant with the existing tenants.\n(3) The existing tenants must give the other person a copy of the original\ncondition report and any subsequent condition report for the premises\nnot later than the day after the day the agreement starts.\nexisting tenants, in relation to a consecutive tenancy agreement,\nmeans 1 or more tenants under the terminated residential tenancy\nagreement for the premises.\n","sortOrder":70},{"sectionNumber":"35F","sectionType":"section","heading":"Payment of bond by new co-tenant","content":"35F Payment of bond by new co-tenant\n(a) a person (the new co-tenant) becomes a new co-tenant under a\nresidential tenancy agreement under section 35C, section 35D\nor section 35E; and\n(b) a bond is held in relation to the agreement; and\n(c) 1 or more of the other co-tenants (the other co-tenants) continue\nto be a tenant under the agreement.\n\n(2) The new co-tenant must, not more than 14 days after the day they\nbecome a co-tenant under the residential tenancy agreement—\n(a) pay to the other co-tenants the new co-tenant’s share of the bond\nunder the agreement; and\n(b) notify the Territory that the new co-tenant has paid their share\nof the bond.\n35FA Payment of bond by new co-tenant—consecutive tenancy\n(a) a person (the new co-tenant) becomes a co-tenant under a\nconsecutive tenancy agreement; and\n(b) a bond is held in relation to the residential tenancy agreement\nthat terminates or is terminated; and\n(c) section 22 (3) applies to the bond in relation to the consecutive\n(2) The new co-tenant must, not more than 14 days after the day they\nbecome a co-tenant under the consecutive tenancy agreement—\n(a) pay to the other co-tenants the new co-tenant’s share of the bond\nunder the agreement; and\n(b) notify the Territory that the new co-tenant has paid their share\nof the bond.\n","sortOrder":71},{"sectionNumber":"35G","sectionType":"section","heading":"ACAT orders—co-tenancy matters","content":"35G ACAT orders—co-tenancy matters\n(1) On application by a co-tenant under a residential tenancy agreement,\nthe ACAT may—\n(a) if consent required under section 35A (1) (a) is refused—order\nthat a co-tenant may stop being a party to the agreement under\nsection 35A; or\n\n(b) order that the co-tenant may refuse consent for a co-tenant to\nstop being a party to the agreement under section 35A; or\n(c) for an application made under section 35D—\n(i) declare that the lessor’s refusal to consent to the new\nperson becoming a co-tenant under the residential tenancy\nagreement was unreasonable; or\n(ii) order that the new person stop being a party to the\nresidential tenancy agreement; or\n(d) order that—\n(i) a co-tenant must stop being a party to the agreement within\na stated period (being a period not less than 3 weeks after\nthe order is made); and\n(ii) the agreement continues between the lessor and the\nremaining co-tenants; and\n(iii) the co-tenant’s rights and obligations under the agreement\nend; or\n(e) make any other order in relation to an order mentioned in\nparagraphs (a) to (d) that the ACAT considers appropriate.\nExamples—par (e)\n1 order for payment of a co-tenant’s share of utility costs\n2 order for payment of reasonable costs for damage caused to premises by a\nco-tenant\n(2) On application by a lessor under a residential tenancy agreement, the\nACAT may order that the lessor may refuse consent for a co-tenant\nto stop being a party to the agreement under section 35A (4) (b).\n\n(3) In making an order under subsection (1) (c), the ACAT must consider\nwhether the lessor’s refusal to consent to the new person becoming a\nco-tenant under the residential tenancy agreement is reasonable in the\ncircumstances, including having regard to the following:\n(a) whether the premises would become overcrowded if the new\nperson were to become a co-tenant under the residential tenancy\n(b) whether the new person is included on a residential tenancy\ndatabase;\n(c) if the residential tenancy agreement is for a particular purpose—\nwhether the new person meets the requirements of, or is suitable\nhaving regard to, the purpose of the residential tenancy\n(d) if the residential tenancy agreement is an agreement mentioned\nin section 6C—whether the new person will not be occupying\nthe premises under the terms and conditions of the person’s\nemployment.\nexisting tenant—see section 35C (1) (a).\nnew person—see section 35C (1) (a).\n\nGeneral Division 4.1\n","sortOrder":72},{"sectionNumber":"Part 4","sectionType":"part","heading":"Termination of residential","content":"Part 4 Termination of residential\ntenancy agreements\n","sortOrder":73},{"sectionNumber":"36","sectionType":"section","heading":"Termination","content":"36 Termination\nDespite anything to the contrary in any territory law, a residential\ntenancy agreement must not terminate or be terminated other than in\nthe following circumstances:\n(a) if a fixed term agreement ends and the tenant vacates the\npremises on or after the end of the agreement;\n(b) if a party serves a termination notice in accordance with the\nstandard residential tenancy terms and the tenant vacates the\npremises in accordance with the notice;\n(c) if a tenant terminates the agreement and vacates the premises\nunder section 46A because the tenant has accepted aged care or\nsocial housing accommodation;\n(d) if the agreement is a fixed term agreement—the tenant\nterminates the agreement and vacates the premises under\nsection 46B because the lessor is offering the premises for sale;\n(e) if the ACAT terminates the agreement under division 4.3,\ndivision 4.4 or division 6.5A;\n(f) if a tenant terminates the agreement in accordance with\ndivision 4.3A;\n(g) if the ACAT makes a termination and possession order in\nrelation to the premises that are the subject of the agreement\nunder division 4.4 , division 4.5, division 6.5 or division 6.5A;\n(h) if the tenant abandons the premises that are the subject of the\n(i) if a person takes action in accordance with section 64;\n\n(j) if the tenant and lessor agree in writing to terminate the\nagreement and the tenant vacates the premises in accordance\nwith the agreement to terminate;\n(k) if the tenant and the lessor are the same person;\n(l) if—\n(i) a party to the agreement repudiates the agreement; and\n(ii) the other party accepts the repudiation; and\n(iii) the tenant vacates the premises;\n(m) for crisis accommodation—if the lessor—\n(i) gives the tenant 4 weeks notice to terminate the agreement;\nand\n(ii) has given the tenant information about alternative\naccommodation; and\n(iii) needs the premises to use as crisis accommodation for\nsomeone other than the tenant;\n(n) if a party to the agreement terminates the agreement under\nsection 64AA because the premises are affected residential\npremises;\n(o) if a party to the agreement terminates the agreement under\nsection 64AB because the premises are an eligible impacted\nproperty.\n\nGeneral Division 4.1\n","sortOrder":74},{"sectionNumber":"37","sectionType":"section","heading":"Entry for eviction purposes","content":"37 Entry for eviction purposes\n(1) A person must not enter premises or any part of premises of which\nsomeone else has prescribed possession for the purpose of recovering\npossession of the premises or part except in accordance with a warrant\nissued by the registrar, an order or a warrant of the ACAT or an order\nor judgment of the Supreme Court.\n(2) Subject to subsection (3), if a person enters premises in contravention\nof subsection (1) (the offender), the ACAT must, on application,\norder the offender to pay to the person who had prescribed possession\nof the premises the compensation that the ACAT considers\nappropriate.\n(3) In considering how much compensation is appropriate for\nsubsection (2), the ACAT must consider whether the lessor\nreasonably believed that the premises had been abandoned by the\n(4) If an offender mentioned in subsection (2) is not the lessor but is\nacting on behalf of a lessor with the lessor’s consent, the ACAT must\nmake any order for compensation that it would otherwise have made\nagainst the offender against the lessor.\n(5) For this section, the following possession is prescribed:\n(a) possession under a residential tenancy agreement;\n(b) possession as a former tenant continuing to reside in the\n(6) This section is subject to section 61A (Lessor may enter premises to\nconfirm abandonment).\n","sortOrder":75},{"sectionNumber":"38","sectionType":"section","heading":"General duty to mitigate","content":"38 General duty to mitigate\nA person who, apart from this section, would be entitled to\ncompensation under this Act is not entitled to the compensation, or\npart of it, if the loss, or part of the loss, to be compensated could have\nbeen reasonably avoided.\n\n","sortOrder":76},{"sectionNumber":"39","sectionType":"section","heading":"Content of termination and possession orders","content":"39 Content of termination and possession orders\n(1) If the ACAT makes a termination and possession order the order must\nspecify the following:\n(a) the date the tenancy terminates;\n(b) that the tenant must vacate the premises on or before the date of\ntermination;\n(c) either that, should the tenant fail to vacate the premises as\nspecified—\n(i) the lessor may request the registrar to issue a warrant for\nthe eviction of the former tenant; or\n(ii) the termination and possession order has effect as if it were\na warrant for eviction.\n(2) If a termination and possession order specifies that it has effect as if\nit were a warrant for eviction issued by the ACAT under division 4.2,\nthe order must comply with section 40.\n","sortOrder":77},{"sectionNumber":"40","sectionType":"section","heading":"Content of warrant","content":"40 Content of warrant\n(1) A warrant issued under this part must—\n(a) authorise any police officer to take appropriate action, with any\nnecessary and reasonable assistance, to evict a named person, or\na named person and everyone else on the premises, within the\nperiod stated in the warrant; and\n(b) require a police officer to give the named person not less than 2\ndays notice of the proposed eviction.\n(2) Subsection (1) (b) does not apply if the registrar believes on\nreasonable grounds that—\n(a) there are exceptional circumstances; and\n\n(b) it would be inappropriate to give the notice required by\nsubsection (1) (b).\n(3) A regulation may prescribe what is, or is not, appropriate action to be\ntaken under a warrant.\n","sortOrder":78},{"sectionNumber":"41","sectionType":"section","heading":"Warrant—termination and possession order","content":"41 Warrant—termination and possession order\nOn application by a lessor, the registrar must issue a warrant for the\neviction of a tenant if—\n(a) the ACAT has made a termination and possession order in\nrelation to the tenant; and\n(b) the tenant fails to vacate the premises in accordance with the\nNote The ACAT must also direct the registrar to issue a warrant for the eviction\nof a tenant if it makes a termination and possession order under s 49C.\n","sortOrder":79},{"sectionNumber":"43","sectionType":"section","heading":"Breach of standard residential tenancy terms","content":"43 Breach of standard residential tenancy terms\n(1) On application by a tenant, the ACAT may terminate a residential\ntenancy agreement if satisfied that—\n(a) the lessor has breached the standard residential tenancy terms;\nand\n(b) the breach of the standard residential tenancy terms was not in\naccordance with a term of the residential tenancy agreement\nendorsed by the ACAT; and\n(c) the breach justifies the termination of the tenancy.\n\nin accordance with subsection (1); and\n(i) the tenant would suffer significant hardship if the\nagreement were not terminated within 2 weeks after the\nwould suffer if the tenancy were terminated within 2 weeks\nafter that day;\nthe ACAT must order that the agreement be terminated at a specified\ntime within 2 weeks after the making of the decision to terminate the\ntenancy.\nin accordance with subsection (1); and\n(b) the ACAT is not satisfied in relation to the matters mentioned in\nthe ACAT must order that the agreement be terminated at a specified\ntime not less than 2 weeks after the making of the decision to\nterminate.\n","sortOrder":80},{"sectionNumber":"44","sectionType":"section","heading":"Significant hardship","content":"44 Significant hardship\n(1) On application by a tenant, the ACAT may terminate a fixed term\nagreement in accordance with this section if satisfied that—\n(a) the tenant would suffer significant hardship were the agreement\nto continue; and\n\n(b) the level of hardship is such that it is appropriate and just to\nterminate the agreement during its fixed term.\nExample—significant hardship\nChris and Jamie share premises under a residential tenancy agreement. The\nMagistrates Court makes an interim order under the Family Violence Act 2016 that\nprohibits Chris (the respondent) from being on premises where Jamie (the protected\nperson) lives. Jamie wishes to end the residential tenancy agreement and leave the\npremises. If the agreement were to continue, Jamie would suffer significant\nhardship.\n(i) the tenant would suffer significant hardship if the\nagreement were not terminated within 8 weeks after the\nwould suffer if the agreement were terminated within 8\nweeks after that day;\n(c) specify the day, less than 8 weeks after the making of the\n(d) give the lessor the notice of the proposed termination that is\nreasonable in the circumstances.\n(b) the ACAT is not satisfied about the matters mentioned in\n\n(c) taking into consideration the need to comply with paragraph (d),\nspecify the day, not less than 8 weeks after the making of the\n(d) give the lessor not less than 8 weeks notice of the proposed\ntermination.\n","sortOrder":81},{"sectionNumber":"45","sectionType":"section","heading":"Damage, injury or intention to damage or injure","content":"45 Damage, injury or intention to damage or injure\nOn application by a tenant, the ACAT may terminate a residential\ntenancy agreement effective immediately if satisfied that the lessor\nhas intentionally or recklessly caused or permitted, or is likely to so\ncause or permit—\n(a) serious danger to the premises or to property of the tenant; or\n(b) injury to the tenant or a member of the tenant’s family.\n","sortOrder":82},{"sectionNumber":"45A","sectionType":"section","heading":"Threats, harassment, intimidation or abuse by lessor etc","content":"45A Threats, harassment, intimidation or abuse by lessor etc\n(1) This section applies if a tenant believes that the lessor has engaged in\nany of the following conduct against a tenant or related person:\n(a) conduct that is threatening, intimidating, harassing or abusive;\n(b) conduct that the tenant or related person is reasonably likely to\nfind threatening, intimidating, harassing or abusive.\n(2) The tenant may apply to the ACAT for an order terminating the\n(3) The tenant must, not later than 7 days before making an application\nunder subsection (2), give the lessor written notice that includes the\ndetails of the conduct mentioned in subsection (1) that the tenant\nbelieves the lessor has engaged in.\n(4) On receiving an application under subsection (2), the registrar must\nlist the hearing before the ACAT not earlier than 14 days after the day\nthe tenant gives the lessor notice in accordance with subsection (3).\n\n(5) The ACAT may—\n(a) terminate a residential tenancy agreement if satisfied that—\n(i) the lessor has engaged in the conduct mentioned in\nsubsection (1); and\n(ii) at least 14 days has passed since the tenant gave the lessor\nnotice in accordance with subsection (3); and\n(iii) it is appropriate to make the order; and\n(b) make any other order the ACAT considers appropriate.\n(6) In deciding whether it is appropriate to terminate the agreement, the\nACAT must take the following into account:\n(a) the nature, frequency and duration of the conduct;\n(b) the circumstances of the conduct, including any behaviour of the\ntenant or related person;\n(c) whether the conduct is likely to continue;\n(d) whether the lessor has—\n(i) stopped the conduct; or\n(ii) agreed to stop the conduct and is reasonably likely to stop\nthe conduct in accordance with the agreement;\n(e) any family violence order or protection order made against the\nlessor by the Magistrates Court;\n(f) any order under a law of a State or a foreign country that has the\nsame effect, or substantially the same effect, as an order\nmentioned in paragraph (e);\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n(g) the effect of the conduct on the tenant and any related person;\n\n(h) whether any other order under this Act is reasonably available;\nan order under s 83\nlessor includes an agent or representative of the lessor.\nrelated person means—\n(a) a person who lives at the premises; or\n(b) a family member of the tenant.\n","sortOrder":83},{"sectionNumber":"46","sectionType":"section","heading":"False or misleading statements","content":"46 False or misleading statements\nOn application by a tenant, the ACAT may terminate a residential\ntenancy agreement if satisfied that the agreement was induced by a\nfalse or misleading statement of the lessor.\n46AA Termination of agreement for failure to comply with\nminimum housing standards\n(1) On application by a tenant, the ACAT may terminate a residential\ntenancy agreement if satisfied that the lessor has failed to comply with\nsection 19B (Lessor’s obligations about minimum housing\nstandards).\n(2) However, the ACAT may refuse to terminate the agreement under\nsubsection (1) if the tenant has failed to provide the lessor with\nreasonable access in accordance with clause 82 of the standard\nresidential tenancy terms.\n\n","sortOrder":84},{"sectionNumber":"46A","sectionType":"section","heading":"Termination of agreement for aged care or social housing","content":"46A Termination of agreement for aged care or social housing\nneeds\n(1) This section applies if a tenant under a residential tenancy agreement\naccepts accommodation in—\n(a) a residential care home; or\n(b) a social housing dwelling.\n(2) The tenant may, by written notice to the lessor, terminate the\n(3) The tenant must—\n(b) give the lessor at least 14 days notice.\n(5) However, if the tenant does not vacate the premises on or before the\ndate stated in the notice—\nresidential care home means a residential care home under the Aged\nCare Act 2024 (Cwlth).\n\n","sortOrder":85},{"sectionNumber":"46B","sectionType":"section","heading":"Termination of fixed term agreements if premises for sale","content":"46B Termination of fixed term agreements if premises for sale\n(1) This section applies in relation to a tenant of premises that are the\nsubject of a fixed term agreement, if the lessor offers the premises for\nsale and—\n(a) the sale offer is made within 6 months after the start of the\nagreement and the lessor did not disclose the intended sale\nbefore entering into the agreement; or\n(b) the lessor requires the tenant to permit access to the premises to\nallow inspections by a prospective buyer (a buyer inspection\nrequest) and—\n(i) the lessor makes more than 1 buyer inspection request; and\n(ii) a subsequent buyer inspection request is made more than 8\nweeks after the day the lessor made the first buyer\ninspection request.\n(2) The tenant may, by written notice to the lessor, terminate the\n(3) The tenant must—\n(b) give the lessor at least 14 days notice.\n(5) However, if the tenant does not vacate the premises on or before the\ndate stated in the notice—\n\n","sortOrder":86},{"sectionNumber":"Div 4","sectionType":"division","heading":"3A Termination initiated by tenant—","content":"Division 4.3A Termination initiated by tenant—\ntermination for family violence\n","sortOrder":87},{"sectionNumber":"46C","sectionType":"section","heading":"Definitions—div 4.3A","content":"46C Definitions—div 4.3A\ncompetent person—see section 46I (1).\ncompetent person declaration—see section 46I (1).\nfamily violence—see the Family Violence Act 2016, section 8.\nfamily violence order—see the Family Violence Act 2016,\nsection 115.\nfamily violence termination notice—see section 46D (2) (a).\nnotice of continuing tenancy—see section 46F (2) (a).\nsupporting document, for a family violence termination notice—see\nsection 46D (3) (b).\nvacating day, stated in a family violence termination notice—see\nsection 46D (3) (a).\n","sortOrder":88},{"sectionNumber":"46D","sectionType":"section","heading":"Termination for family violence","content":"46D Termination for family violence\n(1) This section applies to a tenant under a residential tenancy agreement\nif—\n(a) the tenant, or a dependent child of the tenant, has experienced\nfamily violence; and\n(b) the tenant has not sublet the premises.\n\n(2) Despite any other territory law, the tenant may terminate the\nagreement or, if the tenant is a co-tenant, stop being a party to the\nagreement, by—\n(a) giving the lessor written notice that the tenant is vacating the\npremises because of family violence (a family violence\ntermination notice); and\n(b) vacating the premises in accordance with the notice.\n(3) A family violence termination notice must—\n(a) state the day the tenant intends to vacate the premises (the\nvacating day); and\n(b) be accompanied by at least 1 of the following documents\n(a supporting document):\n(i) a family violence order protecting the tenant or child;\n(ii) an injunction made under the Family Law Act 1975\n(Cwlth), section 68B or section 114 in relation to the tenant\nor child;\n(iii) a competent person declaration relating to the tenant or\nchild;\n(iv) any other document prescribed by regulation.\n(4) For subsection (3) (a), the vacating day must be on or after the day\nthe tenant gives the notice to the lessor.\n(5) The break lease fee clause does not apply if a fixed term agreement is\n","sortOrder":89},{"sectionNumber":"46E","sectionType":"section","heading":"Sole tenancies—effect of serving family violence","content":"46E Sole tenancies—effect of serving family violence\ntermination notice\nIf a sole tenant terminates a residential tenancy agreement in\naccordance with section 46D, the agreement is terminated on the\nvacating day stated in the family violence termination notice.\n\n","sortOrder":90},{"sectionNumber":"46F","sectionType":"section","heading":"Co-tenancies—lessor to give notice to other co-tenants","content":"46F Co-tenancies—lessor to give notice to other co-tenants\nand Territory\n(1) This section applies if a co-tenant gives a family violence termination\nnotice to the lessor for a residential tenancy agreement.\n(2) The lessor must, within 7 days after the vacating day stated in the\nfamily violence termination notice—\n(a) give each of the remaining co‑tenants a notice (a notice of\ncontinuing tenancy) about the matters mentioned in\nsection 46G (2) to (5); and\n(b) if a bond is held in relation to the agreement—tell the\nTerritory—\n(i) the name of the co-tenant; and\n(ii) that the lessor has received a family violence termination\nnotice from the co-tenant.\n(3) However, the lessor must not give any of the remaining co‑tenants the\nnotice of continuing tenancy until after—\n(a) the vacating day; and\n(b) if a bond is held in relation to the agreement—telling the\nTerritory about the matters mentioned in subsection (2) (b).\n(4) The lessor must not give any of the remaining co-tenants a supporting\ndocument for the family violence termination notice.\n","sortOrder":91},{"sectionNumber":"46G","sectionType":"section","heading":"Co-tenancies—effect of serving family violence","content":"46G Co-tenancies—effect of serving family violence\ntermination notice\n(1) This section applies if a co-tenant stops being a party to a residential\ntenancy agreement in accordance with section 46D.\n(2) On the vacating day stated in the family violence termination\nnotice—\n(a) the co-tenant stops being a party to the agreement; and\n\n(b) the co-tenant’s rights and obligations under the agreement end.\n(3) The residential tenancy agreement continues in force between the\nlessor and the remaining co-tenants on the same terms that existed on\nthe vacating day (the continuing agreement).\n(4) Any of the remaining co-tenants may terminate the continuing\nagreement for all remaining co-tenants by giving the lessor a notice\nof intention to vacate—\n(a) at least 3 weeks before the day they intend to vacate the\n(b) if the agreement is a fixed term agreement—not later than 4\nweeks after the day the notice of continuing tenancy is given to\nthe co-tenants.\n(5) The break lease fee clause does not apply if a fixed term agreement is\n","sortOrder":92},{"sectionNumber":"46H","sectionType":"section","heading":"Lessor not to require other information","content":"46H Lessor not to require other information\nIf a lessor receives a family violence termination notice from a tenant,\nthe lessor must not ask the tenant to give the lessor, or any other\nperson acting for the lessor, any other information not already given\nas part of the notice.\n","sortOrder":93},{"sectionNumber":"46I","sectionType":"section","heading":"Competent person declaration","content":"46I Competent person declaration\n(1) A person (a competent person) may make a declaration stating that a\ntenant, or a dependent child of the tenant, has experienced family\nviolence (a competent person declaration).\n(2) However, the competent person must not make a competent person\ndeclaration in relation to the tenant or child unless the tenant or child\nhas previously consulted the competent person as part of the\ncompetent person’s professional practice.\n(3) The declaration must include any information prescribed by\n\n(4) A regulation may prescribe a person, or a class of people, to be a\ncompetent person.\n(5) For subsection (1), a competent person may collect, hold, use or\ndisclose personal information about a person who is or was—\n(a) a co-tenant of the tenant; or\n(b) a family member of the tenant or child.\nfamily member—see the Family Violence Act 2016, section 9.\n","sortOrder":94},{"sectionNumber":"46J","sectionType":"section","heading":"Offence—using or disclosing information in supporting","content":"46J Offence—using or disclosing information in supporting\ndocuments without authorisation\n(a) the person uses, or discloses to someone else, any information\ncontained in a supporting document for a family violence\ntermination notice; and\n(b) the use or disclosure is not authorised or required under a law\napplying in Australia.\n(2) Subsection (1) does not apply if the use or disclosure—\n(a) is between 2 or more of the following:\n(i) the lessor;\n(ii) the lessor’s agent;\n(iii) an employee of the lessor’s agent;\n(iv) the Territory; or\n(b) is reasonably necessary to obtain legal advice from a lawyer.\nmentioned in s (2) (see Criminal Code, s 58).\n\nagent, of a lessor—see section 87.\n","sortOrder":95},{"sectionNumber":"46K","sectionType":"section","heading":"Supporting documents to be securely stored or","content":"46K Supporting documents to be securely stored or\ndestroyed\n(1) A person who has possession or control of a supporting document for\na family violence termination notice must take all reasonable steps to\nensure that the document—\n(a) if the document is to be used under a law applying in Australia—\nis securely stored; and\n(b) in any other case—is destroyed.\nsupporting document, for a family violence termination notice,\nincludes a copy of the document or part of the document.\n","sortOrder":96},{"sectionNumber":"46L","sectionType":"section","heading":"ACAT not to decide if family violence happens","content":"46L ACAT not to decide if family violence happens\n(1) This section applies if, in a proceeding before the ACAT, a question\narises as to whether a notice given by a tenant is a family violence\n(2) The ACAT—\n(a) may consider whether—\n(i) the notice contains the information required under section\n46D; or\n(ii) a document accompanying the notice is a supporting\ndocument; but\n(b) must not consider—\n(i) whether the tenant, or a dependent child of the tenant,\nexperienced family violence; or\n\n(ii) the tenant’s belief as to whether they or their dependent\nchild could safely continue to occupy the premises.\n","sortOrder":97},{"sectionNumber":"46M","sectionType":"section","heading":"Offences—giving false or misleading information","content":"46M Offences—giving false or misleading information\n(a) the person gives information to a competent person; and\n(b) the information is given to obtain a competent person\ndeclaration; and\n(c) the information is false or misleading in a material particular.\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence if—\n(a) the person represents to another person that a document is a\ncompetent person declaration; and\n(b) the document is not a competent person declaration.\nMaximum penalty: 50 penalty units.\n","sortOrder":98},{"sectionNumber":"47","sectionType":"section","heading":"No breach of standard residential tenancy terms","content":"47 No breach of standard residential tenancy terms\n(a) a ground for termination exists under the standard residential\ntenancy terms (other than for a breach of the standard residential\ntenancy terms); and\n(b) the lessor has served a termination notice on the tenant based on\nthat ground; and\n(c) the tenant has not vacated the premises as required by the\ntermination notice; and\n\n(d) if the application relates to a termination notice served by the\nlessor in accordance with a community housing provider\ntermination clause, public housing termination clause,\nsubsidised accommodation clause or temporary housing\nassistance termination clause—the termination is reasonable\nand proportionate.\n(2) If the ACAT makes a termination and possession order under\nsubsection (1), the ACAT may suspend the operation of the\ntermination and possession order for a stated period of not more than\n3 weeks if satisfied that—\n(a) the tenant would suffer significant hardship if the operation of\nthe order was not suspended for the period; and\nwould be suffered by the lessor if the operation of the order was\nnot suspended for the period; and\n(c) it is appropriate to suspend the operation of the order for the\n(3) For subsection (1) (d), the ACAT must consider the following in\ndeciding whether the termination is reasonable and proportionate:\n(a) the history and length of the tenancy;\n(b) the functions of the lessor in providing public or subsidised\nhousing, including—\n(i) if the lessor is the housing commissioner—the objects of\nthe Housing Assistance Act 2007 and the commissioner’s\nfunctions under that Act; and\n(ii) any funding requirements or contractual obligations on the\nlessor in relation to the provision of subsidised\naccommodation; and\n\n(iii) the lessor’s interest in the efficient management of public\nor subsidised housing (including other premises) provided\nby the lessor; and\n(iv) the public interest in the efficient management and\navailability of public or subsidised housing; and\n(v) the financial impact on the lessor or owner if the residential\ntenancy agreement is not terminated;\n(c) the conduct of the tenant and the lessor or owner in relation to\nmatters that are relevant to the notice for termination being\nserved on the tenant;\n(d) any hardship that the tenant will, or is likely to, suffer if the\nresidential tenancy agreement is terminated, including—\n(i) financial hardship; and\n(ii) difficulties in finding suitable alternative premises; and\n(iii) any risk of the tenant experiencing a prolonged period of\nhomelessness; and\n(iv) impacts on the tenant’s physical or mental health;\n(e) any other matter the ACAT considers relevant.\n(4) In considering whether to make an order under subsection (1), the\nACAT must not—\n(a) if the application relates to a termination notice served by the\nlessor in accordance with a public housing termination clause\nrequiring the tenant to transfer to another public housing\ndwelling—review the housing commissioner’s decision to\nrequire the tenant to transfer to another public housing dwelling;\nor\n\n(b) if the application relates to a termination notice served by the\nlessor in accordance with a public housing termination clause\nbecause the housing commissioner decides to stop giving\nhousing assistance to the tenant—review the housing\ncommissioner’s decision to stop giving housing assistance to the\n(5) To remove any doubt, subsection (4) does not limit the operation of\nthe Human Rights Act 2004, section 40C (2) (b).\ncommunity housing provider termination clause means the clause in\nschedule 2, section 2.2.\npublic housing termination clause means a clause in schedule 2,\nsection 2.3.\nsubsidised accommodation clause means a clause in schedule 2,\nsection 2.5.\ntemporary housing assistance termination clause means a clause in\nschedule 2, section 2.4.\n","sortOrder":99},{"sectionNumber":"48","sectionType":"section","heading":"Certain breaches of standard residential tenancy terms","content":"48 Certain breaches of standard residential tenancy terms\npossession order if—\n(a) satisfied that—\n(i) the tenant has breached the standard residential tenancy\nterms (other than by failing to pay rent that has become\npayable); and\n(ii) the lessor has served a termination notice on the tenant\nbased on the breach; and\n(iii) the tenant did not vacate the premises in accordance with\nthe notice; and\n\n(iv) the breach of the standard residential tenancy terms was not\nin accordance with a term of the residential tenancy\nagreement endorsed by the ACAT; and\n(v) the breach justifies the termination of the tenancy; or\n(b) the ACAT—\n(i) has made an order under section 83 (1) (b); and\n(ii) is satisfied that the tenant has breached that order; and\n(iii) is satisfied that the breach justifies the termination of the\ntenancy.\n(2) The ACAT may, if satisfied that it is appropriate and just to do so in\nrelation to an application mentioned in subsection (1)—\n(a) refuse to make a termination and possession order if—\n(i) the tenant has remedied the relevant breach; or\n(ii) the tenant undertakes to remedy the breach within a\nreasonable specified period and is reasonably likely to do\nso; or\n(b) make a termination and possession order but suspend it for a\nperiod of no more than 3 weeks if satisfied that—\n(i) were the order not suspended for a specified period of no\nmore than 3 weeks the tenant would suffer significant\nhardship; and\n(ii) that hardship would be greater than the hardship that would\nbe suffered by the lessor if the order were suspended for\nthe specified period.\n\n(3) For subsection (1) (a) (i), if the application is about the use of\npremises for an illegal purpose, the ACAT must also be satisfied\nthat—\n(a) the tenant has used the premises, or permitted the premises to be\nused, for an illegal purpose; and\n(b) the illegal use justifies the termination of the tenancy.\n(4) For subsection (3), the matters the ACAT may consider include the\nfollowing:\n(a) the nature of the illegal use;\n(b) any previous illegal use;\n(c) the previous history of the tenancy.\n","sortOrder":100},{"sectionNumber":"49","sectionType":"section","heading":"Failure to pay rent—termination and possession order","content":"49 Failure to pay rent—termination and possession order\n(a) a tenant has failed to pay rent that has become payable under a\n(b) the lessor has served a termination notice on the tenant because\nof the tenant’s failure to pay rent; and\n(c) the tenant has not vacated the premises in accordance with the\nnotice.\n(2) The lessor may apply to the ACAT for a termination and possession\n(3) The ACAT may—\n(a) make a termination and possession order; or\n(b) make a payment order; or\n\n(c) refuse to make a termination and possession order or payment\norder if—\n(i) the tenant has paid any rent that has become payable and\nis, in the ACAT’s opinion, reasonably likely to pay future\nrent as it becomes payable; and\n(ii) the ACAT considers it just and appropriate to do so.\n(4) If the ACAT makes a termination and possession order, it may\nsuspend the order for a stated period of not more than 3 weeks if\nsatisfied that—\n(a) were the order not suspended for the stated period, the tenant\nwould suffer significant hardship; and\nwould be suffered by the lessor if the order were suspended for\nthe stated period.\n","sortOrder":101},{"sectionNumber":"49A","sectionType":"section","heading":"Failure to pay rent—payment order","content":"49A Failure to pay rent—payment order\n(1) This section applies if a lessor applies to the ACAT for a termination\nand possession order under section 49 (2).\n(2) Instead of making a termination and possession order, the ACAT may\nmake an order (a payment order) requiring the tenant to pay 1 or both\nof the following:\n(a) the rent, or a stated part of the rent, that has become payable;\n(b) future rent as it becomes payable.\n(3) The ACAT must not make a payment order unless satisfied—\n(a) the tenant is reasonably likely to make the payments required\nunder the order; and\n\n(b) if the payment order does not include a requirement to pay rent,\nor a stated part of rent, that has become payable as mentioned in\nsubsection (2) (a)—\n(i) the lessor has made more than 2 applications for a\ntermination and possession order under section 49 (2) in\nthe 12-month period immediately before the day the ACAT\nmakes the order; and\n(ii) it is in the interests of justice to do so.\n(4) If the ACAT makes a payment order for part of the rent that has\nbecome payable, the ACAT may also make an order under\nsection 83 (1) (c) for payment of the remaining part.\n(5) A payment order—\n(a) expires on the date stated in the order (which must not be more\nthan 1 year after the day the order is made); and\n(b) must state that if the tenant fails to comply with the payment\norder, the lessor may apply for a termination and possession\norder under section 49B.\n(6) On application to the ACAT, an order under this section may be\nvaried if—\n(a) both parties agree to the variation; and\n(b) the variation does not postpone the expiry date of the order; and\n(c) the ACAT considers it just and appropriate to vary the order.\n","sortOrder":102},{"sectionNumber":"49B","sectionType":"section","heading":"Failure to comply with payment order","content":"49B Failure to comply with payment order\n(a) the tenant has failed to comply with a payment order in the last\n60 days; and\n(b) the order has not expired; and\n\n(c) the tenant continues to live at the premises.\n(2) The lessor may apply to the registrar for a termination and possession\n(3) On receiving an application for a termination and possession order,\nthe registrar must—\n(a) list the application for hearing before the ACAT not earlier than\n1 week after the day the notice under paragraph (b) is given to\nthe tenant; and\n(b) give notice to the tenant stating—\n(i) that an application for a termination and possession order\nhas been made; and\n(ii) the time when, and the place where, the application is to be\nheard; and\n(iii) that the tenant should seek legal advice about the\napplication if the tenant wants to continue to live at the\n(4) If the lessor does not apply to the ACAT under subsection (2), the\npayment order, residential tenancy agreement and any debt under the\nresidential tenancy agreement is not affected.\n","sortOrder":103},{"sectionNumber":"49C","sectionType":"section","heading":"Hearing of application—failure to comply with payment","content":"49C Hearing of application—failure to comply with payment\norder\n(1) After considering an application under section 49B and hearing the\nparties who attend the hearing, the ACAT must—\n(a) make a termination and possession order; or\n(b) refuse to make a termination and possession order.\n(2) If the ACAT makes a termination and possession order, the ACAT—\n(a) must direct the registrar to issue a warrant for the eviction of the\ntenant; and\n\n(b) may make an order to pay any unpaid rent that is payable.\n(3) If the ACAT refuses to make a termination and possession order, the\nACAT may—\n(a) confirm the payment order; or\n(b) make another payment order; or\n(c) set aside the payment order.\n(4) If the ACAT makes a termination and possession order, it may\nsuspend the order for a stated period of not more than 3 weeks if\nsatisfied that—\n(a) were the order not suspended for the stated period, the tenant\nwould suffer significant hardship; and\nwould be suffered by the lessor if the order were suspended for\nthe stated period.\n","sortOrder":104},{"sectionNumber":"50","sectionType":"section","heading":"Significant hardship","content":"50 Significant hardship\npossession order in relation to premises occupied under a fixed term\nagreement if satisfied that—\n(a) the lessor would suffer significant hardship if the ACAT did not\nmake the order; and\n(b) that hardship would be greater than the hardship the tenant\nwould suffer if the ACAT made the order.\n\n(i) the lessor would suffer significant hardship if the\nagreement were not terminated within 8 weeks after the\n(ii) that hardship would be greater than the hardship the tenant\nwould suffer if the agreement were terminated within 8\nweeks after that day;\n(c) specify the day, less than 8 weeks after the making of the\n(d) give the tenant the notice of the proposed termination that is\nreasonable in the circumstances.\n(b) the ACAT is not satisfied about the matters mentioned in\n(c) taking into consideration the need to comply with paragraph (d),\nspecify the day, not less than 8 weeks after the making of the\n(d) give the tenant no less than 8 weeks notice of the proposed\ntermination.\n\n","sortOrder":105},{"sectionNumber":"51","sectionType":"section","heading":"Damage, injury or intention to damage or injure","content":"51 Damage, injury or intention to damage or injure\npossession order effective immediately if satisfied that the tenant has\nintentionally or recklessly caused or allowed, or is likely to cause or\nallow—\n(a) serious damage to the premises or to other property of the lessor;\nor\n(b) if the lessor is an individual—injury to the lessor or a member\nof the lessor’s family; or\n(c) if the lessor is a corporation—injury to a representative of the\ncorporation or a member of a representative’s family; or\n(d) serious or continuous interference with the quiet enjoyment of\nnearby premises by an occupier of the premises.\n","sortOrder":106},{"sectionNumber":"51A","sectionType":"section","heading":"Threats, harassment, intimidation or abuse by tenant","content":"51A Threats, harassment, intimidation or abuse by tenant\n(1) This section applies if a lessor believes that a tenant has engaged in\nany of the following conduct against a lessor or related person:\n(a) conduct that is threatening, intimidating, harassing or abusive;\n(b) conduct that the lessor or related person is reasonably likely to\nfind threatening, intimidating, harassing or abusive.\n(2) The lessor may apply to the ACAT for a termination and possession\n(3) The lessor must, not later than 14 days before making an application\nunder subsection (2), give the tenant written notice that includes the\ndetails of the conduct mentioned in subsection (1) that the lessor\nbelieves the tenant has engaged in.\n(4) On receiving an application for a termination and possession order,\nthe registrar must list the hearing before the ACAT not earlier than\n21 days after the day the lessor gives the tenant notice in accordance\nwith subsection (3).\n\n(5) The ACAT may make—\n(a) a termination and possession order if satisfied that—\n(i) the tenant has engaged in the conduct mentioned in\nsubsection (1); and\n(ii) at least 21 days has passed since the lessor gave the tenant\nnotice in accordance with subsection (3); and\n(iii) it is appropriate to make the order; and\n(b) any other order the ACAT considers appropriate.\n(6) If the ACAT makes a termination and possession order under\nsubsection (5) (a), the ACAT may suspend the operation of the\ntermination and possession order for a stated period of not more than\n21 days if satisfied that—\n(a) the tenant would suffer significant hardship if the operation of\nthe order was not suspended for the period; and\nwould be suffered by the lessor if the operation of the order was\nnot suspended for the period; and\n(c) it is appropriate to suspend the operation of the order for the\n(7) In deciding whether it is appropriate to make a termination and\npossession order, the ACAT must take the following into account:\n(a) the nature, frequency and duration of the conduct;\n(b) the circumstances of the conduct, including any behaviour of the\nlessor or related person;\n(c) whether the conduct is likely to continue;\n\n(d) whether the tenant has—\n(i) stopped the conduct; or\n(ii) agreed to stop the conduct and is reasonably likely to stop\nthe conduct in accordance with the agreement;\n(e) any family violence order or protection order made against the\ntenant or another person living at the premises by the\nMagistrates Court;\n(f) any order under a law of a State or a foreign country that has the\nsame effect, or substantially the same effect, as an order\nmentioned in paragraph (e);\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n(g) the effect of the conduct on the lessor;\n(h) whether any other order under this Act is reasonably available;\nan order under s 83\n(8) In this section:\nrelated person means—\n(a) an agent or representative of the lessor; or\n(b) a family member of the lessor.\n","sortOrder":107},{"sectionNumber":"52","sectionType":"section","heading":"False or misleading statements","content":"52 False or misleading statements\npossession order if satisfied that the residential tenancy agreement\nwas induced by a false or misleading statement of the tenant.\n\n","sortOrder":108},{"sectionNumber":"53","sectionType":"section","heading":"Employer-provided accommodation","content":"53 Employer-provided accommodation\n(a) the residential tenancy agreement was entered into as part of a\ncontract of employment; and\n(b) the tenant has, since the agreement was entered into, ceased to\nbe employed by the lessor; and\n(c) the lessor requires the premises to accommodate another\nemployee.\n(2) If a residential tenancy agreement is entered into between a university\nand—\n(a) a visiting academic; or\n(b) a staff member; or\n(c) a contract employee; or\n(d) a postgraduate student; or\n(e) an undergraduate student; or\n(f) a person undertaking an approved course of study;\nand a person of the kind mentioned in paragraphs (a) to (f) ceases to\nbe a person of that kind, on application by the university, the ACAT\nmay make a termination and possession order.\n(3) If the ACAT makes an order under subsection (1) or (2), the ACAT\nmust give the tenant no less than 4 weeks notice of the termination of\nthe tenancy.\n\n","sortOrder":109},{"sectionNumber":"54","sectionType":"section","heading":"Purported co-tenancy, assignment or subletting","content":"54 Purported co-tenancy, assignment or subletting\n(a) the tenant purported, in contravention of the standard residential\ntenancy terms, to—\n(i) consent to a person to become a co-tenant; or\n(ii) assign or sublet the premises; and\n(b) the purported co-tenancy, assignment or subletting was not in\naccordance with a term of the residential tenancy agreement\nendorsed by the ACAT; and\n(c) the lessor served a termination notice on the tenant on the basis\nof the purported co-tenancy, assignment or subletting; and\n(d) the premises have not been vacated.\n(2) Even though the ACAT is satisfied about the matters mentioned in\nsubsection (1) (a), (b) and (c), the ACAT may, if satisfied that it is\nappropriate to do so—\n(a) if the purported co-tenant, assignee or sublessee vacates the\npremises—refuse the application for a termination and\npossession order; or\n(b) make a termination and possession order contingent on the\nfailure of the purported co-tenant, assignee or sublessee to\nvacate the premises by a day specified in the order, by which the\npurported co-tenant, assignee or sublessee has undertaken to\nvacate the premises; or\n(c) make a termination and possession order but suspend the\noperation of the order for a specified period of no more than 3\nweeks from the date of making the order if—\n\n(i) the purported co-tenant, assignee or sublessee would suffer\nsignificant hardship if the ACAT made a termination and\npossession order that took effect within the specified\nperiod after the making of the order; and\nwould suffer if the ACAT made the order and it did not\ncome into effect within that period.\n","sortOrder":110},{"sectionNumber":"55","sectionType":"section","heading":"Repudiation without vacation","content":"55 Repudiation without vacation\npossession order if—\n(a) the tenant repudiates the residential tenancy agreement in\nwriting; and\n(b) the lessor accepts the repudiation as proposed by the tenant; and\n(c) the tenant fails to vacate the premises on or before the date\nspecified for vacation in the notice of repudiation.\n","sortOrder":111},{"sectionNumber":"55A","sectionType":"section","heading":"Affected residential premises","content":"55A Affected residential premises\n(a) the premises are affected residential premises; and\n(b) the lessor has given the tenant written notice under\nsection 64AA (Termination—affected residential premises)\nterminating the tenancy agreement; and\n(c) the tenant has not vacated the premises as required by the notice.\n(2) The ACAT may suspend the operation of the termination and\npossession order for a stated period of up to 3 weeks if satisfied that—\n(a) the tenant would suffer significant hardship if the order were not\nsuspended for the stated period; and\n\n","sortOrder":112},{"sectionNumber":"55B","sectionType":"section","heading":"Eligible impacted property","content":"55B Eligible impacted property\n(a) the premises are an eligible impacted property; and\n(b) the lessor has given the tenant written notice under section 64AB\n(Termination—eligible impacted property) terminating the\n(c) the tenant has not vacated the premises as required by the notice.\n(2) The ACAT may suspend the operation of the termination and\npossession order for a stated period of up to 3 weeks if satisfied that—\n(a) the tenant would suffer significant hardship if the order were not\nsuspended for the stated period; and\n","sortOrder":113},{"sectionNumber":"56","sectionType":"section","heading":"Compensation to lessor","content":"56 Compensation to lessor\nIf a person to whom a termination and possession order is directed\nfails to vacate the specified premises in accordance with the order, the\nACAT may, on application made within 4 weeks after the date when\nthe person was to vacate the premises, order the person to pay to the\napplicant such of the following as it considers appropriate:\n(a) an amount equal to the rent that would have been payable to the\napplicant if the premises had been tenanted during the period for\nwhich the person was in possession of the premises after\ntermination of the residential tenancy agreement;\n\n(b) an amount equal to the reasonable costs incurred by the\napplicant in applying for a warrant for eviction and having the\nwarrant executed.\n","sortOrder":114},{"sectionNumber":"57","sectionType":"section","heading":"Retaliatory applications","content":"57 Retaliatory applications\n(a) a lessor has applied for a termination and possession order under\nthis part; and\n(i) 1 or more of the following happened:\n(A) the tenant applied to the ACAT for an order in relation\nto the lessor;\n(B) the tenant complained to a government entity in\nrelation to the lessor;\n(C) the tenant took reasonable action to secure or enforce\nthe tenant’s rights;\nthe tenant sought legal advice or mediation\n(D) the ACAT made an order in favour of the tenant\nagainst the lessor;\n(E) the tenant published information, or disclosed\ninformation that was published, about the premises,\nthe residential tenancy agreement, or the lessor; and\n(ii) for the event mentioned in subparagraph (i) (E)—the tenant\ndid not, knowingly or recklessly, publish or disclose\ninformation that was false or misleading; and\n(iii) the lessor was motivated to apply for the termination and\npossession order because of an event mentioned in\nsubparagraph (i).\n\n(2) The ACAT must not make the termination and possession order.\ninformation includes an allegation, complaint or opinion.\npublish includes communicate.\n","sortOrder":115},{"sectionNumber":"58","sectionType":"section","heading":"Lessor’s defective termination notice if tenant vacates","content":"58 Lessor’s defective termination notice if tenant vacates\n(a) the lessor purports to give a termination notice to a tenant; and\n(2) The residential tenancy agreement terminates on the day the tenant\n(3) If a tenant vacates premises in accordance with a defective\ntermination notice (other than a notice that was defective because it\nwas not given to the tenant in accordance with this Act), the former\ntenant may apply to the ACAT for either or both of the following\norders:\n(a) an order for compensation for wrongful eviction;\n(b) an order for reinstatement as tenant in possession of the\n(4) The ACAT must not make an order mentioned in subsection (3) (b)\nunless satisfied that—\n(a) the premises are vacant; and\n(b) the lessor has not entered into a residential tenancy agreement\nwith another tenant; and\n\nDefective termination notices Division 4.5\n(c) it is appropriate to make the order.\n","sortOrder":116},{"sectionNumber":"59","sectionType":"section","heading":"Lessor’s defective termination notice if tenant does not","content":"59 Lessor’s defective termination notice if tenant does not\nvacate\n(a) a lessor purports to give a termination notice to a tenant; and\n(b) the notice is a defective termination notice for any reason, other\nthan because it is not given in accordance with this Act.\n(2) The lessor may apply to the ACAT for—\n(a) an order correcting the defect; and\n(b) a termination and possession order.\n(3) The ACAT must not make an order under subsection (2) unless\nsatisfied that the defective termination notice did not, and is not likely\nto, place the tenant in a significantly worse position than the tenant\nwould have been in had the notice not been a defective termination\nnotice.\n","sortOrder":117},{"sectionNumber":"60","sectionType":"section","heading":"Tenant’s defective termination notice","content":"60 Tenant’s defective termination notice\n(a) a tenant purports to give a termination notice to the lessor; and\n(2) The residential tenancy agreement terminates on the day the tenant\n(3) On application by the former lessor, the ACAT may make an order\nfor compensation for the former tenant’s abandonment of the\n\n(4) However, the ACAT may only make the order if satisfied the former\nlessor is in a significantly worse position because of the defective\ntermination notice than the former lessor would have been had the\nnotice not been defective.\n","sortOrder":118},{"sectionNumber":"61","sectionType":"section","heading":"Effect of abandonment","content":"61 Effect of abandonment\nIf a tenant abandons premises that the tenant occupies under a\nresidential tenancy agreement, the agreement terminates on the day\nof abandonment.\nNote If there is a dispute about the date of abandonment, the parties may apply\nto the ACAT for an interim order declaring when the premises were\nabandoned (see ACT Civil and Administrative Tribunal Act 2008, s 53).\n","sortOrder":119},{"sectionNumber":"61A","sectionType":"section","heading":"Lessor may enter premises to confirm abandonment","content":"61A Lessor may enter premises to confirm abandonment\n(1) This section applies if a lessor of premises under a residential tenancy\nagreement has taken all reasonable steps to contact the tenant and\nbelieves on reasonable grounds that the premises have been\nabandoned by the tenant.\nDavid has a fixed-term residential tenancy agreement with Michael to rent\nMichael’s house. David hasn’t paid his rent for 4 weeks so Michael tries to call\nDavid on the telephone number David gave him as a contact number. After several\nunsuccessful attempts to call him, Michael then sends letters to David’s postal and\nemail addresses but gets no response. Michael also drives by the house on several\noccasions at different times and notices that there is never any activity there. He\nalso notices a smashed window and broken glass on the ground. Michael has taken\nall reasonable steps to contact David and has reasonable grounds for believing the\npremises have been abandoned by David.\n(2) The lessor may, without the tenant’s consent, and without giving\nnotice to the tenant, enter the premises during the residential tenancy\nagreement to confirm whether the premises have been abandoned.\n\nAbandonment of premises Division 4.6\n(3) However, the lessor must not enter the premises—\n(a) on Sunday; or\n(b) on a public holiday; or\n(c) before 8 am or after 6 pm.\n","sortOrder":120},{"sectionNumber":"62","sectionType":"section","heading":"Abandonment during fixed term","content":"62 Abandonment during fixed term\n(1) If a tenant abandons premises before the end of a fixed term\nagreement, the former lessor may apply to the ACAT for the\nfollowing compensation:\n(a) compensation for the loss of the rent that the former lessor would\nhave received had the agreement continued to the end of its term;\n(b) compensation for the reasonable costs of advertising the\npremises for lease and of giving a right to occupy the premises\nto another person.\n(2) On application, the ACAT may award compensation of the kind\nmentioned in subsection (1) (a) and (b).\n(3) The amount of compensation the ACAT may award—\n(a) under subsection (1) (a) must not exceed an amount equal to\n25 weeks rent; and\n(b) under subsection (1) (b) must not exceed an amount equal to\n1 week’s rent.\n(4) In deciding the amount of compensation that may be awarded under\nsubsection (2) in relation to costs, the ACAT must have regard to\nwhen, apart from the abandonment of the premises—\n(a) the agreement would have ended; and\n(b) the lessor would have incurred the costs mentioned in\nsubsection (1) (b).\n\n","sortOrder":121},{"sectionNumber":"63","sectionType":"section","heading":"Abandonment during periodic agreement","content":"63 Abandonment during periodic agreement\nIf a tenant abandons premises of which the tenant has possession\nunder a periodic agreement, the former lessor may claim from the\nformer tenant compensation of an amount equivalent to 3 weeks rent.\n64 Successor in title to lessor\n(1) A person other than a lessor who, apart from section 36, would be\nentitled to possession of premises, may terminate the residential\ntenancy agreement relating to the premises by—\n(a) notifying the tenant as soon as practicable after becoming so\nentitled that the person would be entitled to possession apart\nfrom section 36 and that the person who was lessor is no longer\nlessor; and\n(b) giving the tenant not less than 8 weeks notice to vacate the\n1 The lessor dies and the premises are inherited by the lessor’s child. The child\nmay terminate the tenancy.\n2 The lessor mortgages the premises, defaults on the mortgage and the\nmortgagee forecloses. The mortgagee may terminate the tenancy.\n(2) A person cannot terminate a tenancy under subsection (1) if the\nperson—\n(a) is a purchaser of the premises; and\n(b) knew about the tenancy, or could reasonably be expected to have\nknown about the tenancy, before purchasing the premises.\n(3) If a person has given notices under subsection (1), the relevant\nresidential tenancy agreement terminates at the end of the period of\n8 weeks after the date of the notice mentioned in subsection (1) (b) or\non the later date specified in the notice.\n\nMiscellaneous Division 4.7\n64AA Termination—affected residential premises\n(1) This section applies if premises that are the subject of a residential\ntenancy agreement are affected residential premises.\n(2) A party to the residential tenancy agreement may, by written notice\nto the other party, terminate the agreement.\n(3) If the tenant terminates the agreement, the tenant must—\n(b) give the lessor at least 2 days notice.\n(4) If the lessor terminates the agreement, the lessor must—\n(a) state the date the lessor intends to terminate the agreement; and\n(b) give the tenant at least 1 week’s notice.\n(5) If the tenant vacates the premises on or before the date stated in the\n(6) However—\n(a) if the tenant gives notice and does not vacate the premises on or\nbefore the date stated in the notice—\n(i) the notice is taken to be withdrawn; and\n(ii) the agreement continues; or\n(b) if the lessor gives notice and the tenant does not vacate the\npremises on or before the date stated in the notice—\n(i) the notice remains in force; and\n(ii) the lessor may apply to the ACAT under section 55A for a\ntermination and possession order in relation to the\n\n(7) The break lease fee clause does not apply if a fixed term agreement is\n64AB Termination—eligible impacted property\n(1) This section applies if premises that are the subject of a residential\ntenancy agreement are an eligible impacted property.\n(2) A party to the residential tenancy agreement may, by written notice\nto the other party, terminate the agreement.\n(3) The party terminating the agreement must—\n(a) state the date the party intends to terminate the agreement; and\n(b) give the other party at least 28 working days notice.\n(5) However—\n(a) if the tenant gives notice and does not vacate the premises on or\nbefore the date stated in the notice—\n(i) the notice is taken to be withdrawn; and\n(ii) the agreement continues; or\n(b) if the lessor gives notice and the tenant does not vacate the\npremises on or before the date stated in the notice—\n(i) the notice remains in force; and\n(ii) the lessor may apply to the ACAT under section 55B for a\ntermination and possession order in relation to the\n\nMiscellaneous Division 4.7\n64AC No new residential tenancy agreements etc for affected\nresidential premises\n(1) This section applies in relation to affected residential premises that\nare included in the affected residential premises register.\n(2) Despite any other provision in this Act, a residential tenancy\nagreement for the premises entered into on or after 1 July 2020 is\nvoid.\n(3) Despite any other provision in this Act, the assignment or subletting\nof the premises entered into on or after 1 July 2020 is void.\n(4) Despite any other provision in this Act, an occupancy agreement for\nthe premises entered into on or after 1 July 2020 is void.\n(5) Despite any other provision in this Act, a person may apply to the\nACAT for an order for the following:\n(a) that the lessor of the premises pay the person compensation for\nmoney paid by the person under a residential tenancy agreement,\nor an assigned residential tenancy agreement, that is void under\nthis section;\n(b) that the tenant of the premises pay the person compensation for\nthe money paid by the person under an agreement to sublet the\npremises that is void under this section;\n(c) that the grantor of an occupancy agreement for the premises pay\nthe person compensation for the money paid by the person under\nthe agreement that is void under this section.\n64AD Disallowing retaliatory notices to vacate\n(a) a lessor has given a termination notice to the tenant in\naccordance with this Act and the standard residential tenancy\nterms; and\n\n(b) the tenant makes an application for an order disallowing the\ntermination notice before the end of the notice period stated in\nthe notice; and\n(c) the ACAT is satisfied that—\n(i) 1 or more of the following happened:\n(A) the tenant applied to the ACAT for an order in relation\nto the lessor;\n(B) the tenant complained to a government entity in\nrelation to the lessor;\n(C) the tenant took reasonable action to secure or enforce\nthe tenant’s rights;\nthe tenant sought legal advice or mediation\n(D) the ACAT made an order in favour of the tenant\nagainst the lessor;\n(E) the tenant published information, or disclosed\ninformation that was published, about the premises,\nthe residential tenancy agreement, or the lessor; and\n(ii) for the circumstance mentioned in subparagraph (i) (E)—\nthe tenant did not, knowingly or recklessly, publish or\ndisclose information that was false or misleading; and\n(iii) the lessor was motivated to give the tenant the termination\nnotice because of an event mentioned in subparagraph (i).\n(2) The ACAT must make an order disallowing the termination notice.\ninformation includes an allegation, complaint or opinion.\npublish includes communicate.\n\n64AE Meaning of rental rate increase—pt 5\nrental rate increase, for premises, means either of the following:\n(a) an increase in the rental rate for the premises under a residential\ntenancy agreement (including an existing consecutive tenancy\nagreement);\n(b) an increase in the rental rate for the premises that will take effect\nunder a proposed consecutive tenancy agreement.\n64A Pre-amendment fixed term agreements—increase in rent\n(1) This section applies only in relation to a fixed term agreement entered\ninto before the commencement of the Housing and Consumer Affairs\nLegislation Amendment Act 2024, section 76.\n(2) The rental rate under the agreement must not be increased during the\nfixed term unless the amount of the increase, or a method for working\nit out, is set out in the agreement.\n64AAA Limitation on rent increases—frequency\n(1) A lessor must not increase the rental rate under a residential tenancy\nagreement unless the increase takes effect at least 12 months after—\n(a) for the first increase under the agreement—the day the\nresidential tenancy agreement started; or\n(b) for a later increase under the agreement—the day the last\nincrease in rental rate took effect.\n\n(2) However, for a consecutive tenancy agreement, the lessor must not\nincrease the rental rate unless the increase takes effect at least\n12 months after the day the last increase in rental rate took effect,\nwhether under the consecutive tenancy agreement or a terminated\n64AAB Rent increases—housing commissioner\n(1) This section applies if the housing commissioner—\n(a) is the lessor under a residential tenancy agreement (including a\nconsecutive tenancy agreement); and\n(b) has decided to increase the rental rate after a review under the\nHousing Assistance Act 2007, section 23.\n(2) Despite section 64AAA, the housing commissioner may increase the\nrental rate under the residential tenancy agreement.\n(3) However, if a previous review of the rental rate has been undertaken,\nthe increase under subsection (2) must not take effect earlier than\n12 months after the day the last increase in rental rate took effect.\n","sortOrder":122},{"sectionNumber":"64B","sectionType":"section","heading":"Limitation on rent increases—amount","content":"64B Limitation on rent increases—amount\n(1) A rental rate increase for premises must not be more than the amount\nprescribed by regulation unless—\n(a) for a fixed term agreement to which section 64A applies—the\nagreement allows the lessor to increase the rental rate by the\nhigher amount; or\n(b) after the lessor gives notice under subsection (2), the tenant\nagrees, in writing, to the increase; or\n(c) the lessor obtains the ACAT’s prior approval.\n\n(2) For subsection (1) (b), the lessor must give the tenant a written notice\nstating—\n(a) the day the proposed increase takes effect (being a day at least\n8 weeks after the day the notice is given); and\n(b) the amount of the proposed increase; and\n(c) whether the amount of the proposed increase is more than the\namount prescribed under subsection (1); and\n(d) if the proposed increase is more than the amount prescribed\nunder subsection (1)—that if the tenant does not agree to the\nincrease, the lessor may only make the proposed increase with\nthe prior approval of the ACAT.\n","sortOrder":123},{"sectionNumber":"64C","sectionType":"section","heading":"Tenant may apply for review","content":"64C Tenant may apply for review\n(1) A tenant may apply to the ACAT for review of a proposed rental rate\nincrease.\n(2) An application must be made not less than 2 weeks before the day on\nwhich the proposed increase is to come into effect.\n","sortOrder":124},{"sectionNumber":"65","sectionType":"section","heading":"Waiver of notice requirements","content":"65 Waiver of notice requirements\n(1) The ACAT may hear an application for the review of a rental rate\nincrease even though the application is made less than 2 weeks before\nthe day when the proposed increase is to come into effect, if the\nACAT is satisfied that—\n(a) the application is late because of special circumstances; and\n(b) to hear the application will not place the lessor in a significantly\nworse position than the lessor would have been had the applicant\napplied as prescribed.\n(2) Subsection (3) applies if—\n(a) a tenant purports to give a termination notice to the lessor\nbecause of a rental rate increase; and\n\n(3) On application by the former tenant, the ACAT may make an order\ncorrecting the defect in the defective termination notice if satisfied\nthat the order would not put the former lessor in a significantly worse\nposition than the former lessor would have been had the notice not\nbeen defective.\n","sortOrder":125},{"sectionNumber":"66","sectionType":"section","heading":"Freezing rents","content":"66 Freezing rents\nIf an application for review of a rental rate increase has been made\nbut not decided, no increase in the rental rate happens unless allowed\nby the ACAT.\n","sortOrder":126},{"sectionNumber":"68","sectionType":"section","heading":"Guideline for orders","content":"68 Guideline for orders\n(1) This section applies if an application is made to the ACAT under\nsection 64B (1) (c) or section 64C (1) in relation to a rental rate\nincrease.\n(2) The ACAT must allow a rental rate increase if—\n(a) for a fixed term agreement to which section 64A applies—the\nincrease is allowed under the agreement and is not excessive; or\n(b) in any other case—the increase is not excessive.\n(3) For subsection (2)—\n(a) unless the tenant satisfies the ACAT otherwise, a rental rate\nincrease is not excessive if it is equal to or less than the amount\nprescribed by regulation; and\n(b) unless the lessor satisfies the ACAT otherwise, a rental rate\nincrease is excessive if it is more than the amount prescribed by\n\n(4) If a tenant or lessor proposes that a rental rate increase is or is not\nexcessive, the ACAT, in considering whether it is satisfied about the\nproposal, must consider the following matters:\n(a) the rental rate before the proposed increase;\n(b) if the lessor previously increased the rental rate while the\nrelevant tenant was tenant—\n(i) the amount of the last increase before the proposed\nincrease; and\n(ii) the period since that increase;\n(c) outgoings or costs of the lessor in relation to the premises;\n(d) services provided by the lessor to the tenant;\n(e) the value of fixtures and goods supplied by the lessor as part of\nthe tenancy;\n(f) the state of repair of the premises;\n(g) rental rates for comparable premises;\n(h) the value of any work performed or improvements carried out\nby the tenant with the lessor’s consent;\n(5) If the ACAT considers a proposed rental rate increase is excessive\nbut a lesser increase would not be, it may disallow so much of the\nincrease as is excessive.\n","sortOrder":127},{"sectionNumber":"68A","sectionType":"section","heading":"Orders","content":"68A Orders\nThe ACAT may make the following orders in relation to an\napplication to allow or to review a rental rate increase:\n(a) an order allowing the increase applied for or the other increase\nthat the ACAT considers just;\n(b) an order disallowing the increase;\n\n(c) an order disallowing part of the increase.\n","sortOrder":128},{"sectionNumber":"69","sectionType":"section","heading":"Effect of orders","content":"69 Effect of orders\n(1) If the ACAT makes an order under section 68A (a) or (c), the rental\nrate increase takes effect from the date when the proposed increase\nwould, apart from section 66, have taken place.\n(2) The ACAT may, on application, grant a tenant time to pay rent owed\nbecause of the operation of subsection (1).\n(a) the ACAT makes an order mentioned in section 68A (b) or (c);\nand\n(b) despite section 66, the tenant has paid the lessor the full amount\nof the rental rate increase proposed by the lessor;\nthe ACAT may order the lessor to pay to the tenant the difference\nbetween the amount the tenant paid to the lessor and the amount that\nwas payable.\n","sortOrder":129},{"sectionNumber":"70","sectionType":"section","heading":"Further increases","content":"70 Further increases\nIf a proposed rental rate increase has been reviewed by the ACAT,\nany further purported increase in the rental rate for a period of\n12 months after the day the proposed increase was to take effect is\nvoid.\n","sortOrder":130},{"sectionNumber":"71","sectionType":"section","heading":"Reduction of existing rent","content":"71 Reduction of existing rent\n(1) On application by a tenant, the ACAT must order a reduction in the\nrental rate payable under a residential tenancy agreement if it\nconsiders that the tenant’s use or enjoyment of the premises has\ndiminished significantly as a result of any of the following:\n(a) the loss or diminished utility of an appliance, furniture, a facility\nor a service supplied by the lessor with the premises as a result\nof—\n\n(i) the withdrawal of the appliance, furniture, facility or\nservice by the lessor; or\n(ii) the failure by the lessor to maintain the premises and any\nappliance, furniture or facility supplied with the premises\nin a reasonable state of repair, having regard to their\ncondition at the commencement of the residential tenancy\n(iii) the failure by the lessor to provide and maintain the locks\nor other security devices necessary to ensure that the\npremises are reasonably secure;\n(b) the loss of the use of all or part of the premises;\n(c) interference with the tenant’s quiet enjoyment of the premises\nor the tenant’s ability to use the premises in reasonable peace,\ncomfort and privacy by the lessor or anyone claiming through\nthe lessor or having an interest in, or title to, the premises.\n(2) To remove any doubt and for subsection (1), a tenant’s quiet\nenjoyment of premises is interfered with if there is substantial\ninterference with, or a significant lessening of freedom in exercising,\nthe tenant’s rights.\n(3) A reduction in the rental rate ordered under subsection (1)—\n(a) takes effect from the day the tenant’s use or enjoyment of the\npremises diminished, or the later date that the ACAT specifies;\nand\n(b) remains in force for the period, not longer than 12 months,\nspecified by the ACAT.\n(4) The ACAT may order a lessor to pay to the tenant the difference\nbetween the rent paid and the rent payable as a result of an order for\na rental rate reduction.\n\n(5) Any purported rental rate increase in relation to premises for which a\nreduction order is in force is void and any amount paid above and\nbeyond the reduced rental rate in accordance with a purported\nincrease is a debt owing by the lessor to the tenant.\n71AAA Rent reduction for lessor’s failure to comply with a\nminimum housing standard\n(1) On application by a tenant, the ACAT may order a reduction in the\nrental rate payable under a residential tenancy agreement (a rent\nreduction order) if the lessor fails to ensure premises comply with a\nminimum housing standard in accordance with section 19B.\n(2) However, the ACAT may refuse to make an order under\nsubsection (1) if the tenant has failed to provide the lessor with\nreasonable access in accordance with clause 82 of the standard\nresidential tenancy terms.\n(3) A rent reduction order—\n(a) takes effect from the day the premises fail to comply, or no\nlonger comply, with the minimum housing standard, or any later\ndate stated by the ACAT; and\n(b) remains in force for the period stated by the ACAT.\n(4) The ACAT may order a lessor to pay to the tenant the difference\nbetween the rent paid and the rent payable as a result of a rent\nreduction order.\n(5) Any purported rental rate increase in relation to premises for which a\nreduction order is in force is void and any amount paid above the\nreduced rental rate in accordance with a purported increase is a debt\nowing by the lessor to the tenant.\n\nPart 5AA Lessor’s consent in certain\nmatters\n71AA Definitions—pt 5AA\nminor modification, to premises under a residential tenancy\nagreement, means—\n(a) a renovation, alteration or addition that can be removed or\nundone so that the premises are restored to substantially the\nsame condition as the premises were in at the commencement of\nthe agreement, fair wear and tear excepted; or\n(b) a modification prescribed by regulation.\nspecial modification, to premises under a residential tenancy\nagreement, means—\n(a) a minor modification; or\n(b) a renovation, alteration or addition for 1 of the following\nreasons:\n(i) the safety of the tenant or other people on the premises;\n(ii) on written recommendation of a health practitioner—to\nassist a tenant in relation to the tenant’s disability;\n(iii) to improve the energy efficiency of the premises;\n(iv) to allow access to telecommunications services;\n(v) the security of the premises, or the tenant or other people\non the premises;\n(vi) any other reason prescribed by regulation.\nExamples—par (i)\nfurniture anchors, child safety gates or fittings\n\nExamples—par (ii)\naccess ramps, safety rails\nExamples—par (v)\ndeadlocks, security doors, security alarms\n71AB Process for tenant seeking consent—modifications\ngenerally\n(1) This section applies if, under a residential tenancy agreement, the\ntenant is required to obtain the lessor’s consent to renovate, or make\nan alteration or addition to, the premises.\n(2) The tenant may apply, in writing, to the lessor for the lessor’s consent.\n(3) The lessor—\n(a) for a special modification—may refuse consent only if the lessor\nobtains the ACAT’s prior approval; and\n(b) in any other case—must not unreasonably refuse consent.\n(4) The lessor may impose a reasonable condition on consent.\nrequiring the proposed renovation, alteration or addition to be done in a stated way\nto minimise damage to the premises\n(5) For an application under subsection (2) in relation to a special\nmodification, the lessor is taken to consent to the tenant’s application\nunless, within 14 days of receiving the application, the lessor applies\nto the ACAT under section 71AC.\n71AC Lessor to apply to ACAT for refusal—special\nmodifications\n(1) A lessor may apply to the ACAT for an order approving the lessor’s\nrefusal of the tenant’s application under section 71AB (2) for consent\nto a special modification.\n\n(2) The ACAT must—\n(a) approve the lessor’s application; or\n(b) refuse the lessor’s application; or\nExample—par (c)\nthe work be undertaken by a qualified tradesperson\n(3) The ACAT may make an order under subsection (2) (a) or (c) if\nsatisfied—\n(a) the lessor would suffer significant hardship; or\n(b) the special modification would be contrary to a territory law; or\n(c) the special modification is likely to require modifications to\nother residential premises or common areas; or\n(d) the special modification would result in additional maintenance\ncosts for the lessor; or\n(e) of any other matter prescribed by regulation.\n71AD Tenant may apply to ACAT for review of refusal—other\nmodifications\n(a) a tenant makes an application under section 71AB (2) for the\nlessor’s consent to renovate, or make an alteration or addition\nto, premises; and\n(b) the renovation, alteration or addition is not a special\nmodification; and\n(c) the lessor refuses to consent to the application.\n(2) The tenant may apply to the ACAT for an order that the lessor\nunreasonably refused to consent to the application.\n\n(3) The ACAT must—\n(a) approve the tenant’s application; or\n(b) refuse the tenant’s application; or\nExample—par (c)\nthe work be undertaken by a qualified tradesperson\n(4) In making a decision under subsection (3), the ACAT must\nconsider—\n(a) whether the modification—\n(i) would cause the lessor to suffer significant hardship; and\n(ii) would be contrary to a territory law; and\n(iii) is likely to require modifications to other residential\npremises or common areas; and\n(iv) would result in additional maintenance costs for the lessor;\nand\n(v) is otherwise reasonable in the circumstances; and\n(b) any other matter prescribed by regulation.\n71AE Process for tenant seeking consent—animals\n(1) This section applies if, under a residential tenancy agreement, the\ntenant is required to obtain the lessor’s consent to keep an animal on\n(2) The tenant may apply, in writing, to the lessor for the lessor’s consent.\n(3) The lessor may refuse consent only if the lessor obtains the ACAT’s\nprior approval.\n\n(4) The lessor may impose a condition on consent—\n(a) if the condition is a reasonable condition about—\n(i) the number of animals kept on the premises; or\n(ii) the cleaning or maintenance of the premises; or\n(b) with the prior approval of the ACAT.\nNote A tenant may apply to the ACAT to resolve a tenancy dispute,\nincluding a dispute about whether a condition imposed under s (4)\n(a) is a reasonable condition (see pt 6).\n(5) The lessor is taken to consent to the tenant’s application under\nsubsection (2) unless, within 14 days of receiving the application, the\nlessor applies to the ACAT under section 71AF.\n71AF Lessor to apply to ACAT for refusal—animals\n(1) A lessor may apply to the ACAT for an order approving—\n(a) the lessor’s refusal of the tenant’s application under\nsection 71AE (2) to keep an animal on the premises; or\n(b) a condition on the lessor’s consent to the tenant’s application.\n(2) The ACAT must—\n(a) approve the lessor’s application; or\n(b) refuse the lessor’s application; or\n(3) The ACAT may make an order under subsection (2) (a) or (c) if\nsatisfied—\n(a) the premises are unsuitable to keep the animal; or\n(b) keeping the animal on the premises would result in unreasonable\ndamage to the premises; or\n\n(c) keeping the animal on the premises would be an unacceptable\nrisk to public health or safety; or\n(d) the lessor would suffer significant hardship; or\n(e) keeping the animal on the premises would be contrary to a\nterritory law.\n71AG Limitation on lessor’s liability\nThe lessor has no additional duty of care to a person arising from any\nconsent given or required under section 71AE (5).\n\n71A Who is a grantor?\n(1) A person is a grantor if the person grants a right of occupation under\nan occupancy agreement.\n(2) Grantor includes a prospective grantor.\n71B Who is an occupant?\n(1) A person is an occupant if the person has a right of occupation under\nan occupancy agreement.\n(2) Occupant includes a prospective occupant.\n71C What is an occupancy agreement?\n(1) An agreement is an occupancy agreement if—\n(a) under the agreement—\n(i) a person (the grantor) gives someone else (the occupant)\na right to occupy stated premises; and\n(ii) the premises are for the occupant to use as a home (whether\nor not with other people); and\n(iii) the right is given for value; and\n(b) the agreement is 1 of the following:\n(i) except if section 6B applies, an agreement to occupy\npremises in the grantor’s principal place of residence;\n(ii) except if section 6B applies, an agreement to occupy\npremises in a residential facility associated with, or on the\ncampus of, or provided under an arrangement with, an\neducation provider;\n\n(iii) an agreement—\n(A) to exclusively occupy a sleeping space in a building\nwith other sleeping spaces with related access to\nshared facilities or provision of domestic services;\nand\n(B) that states it is an occupancy agreement;\n(iv) an agreement—\n(A) for emergency accommodation for people in crisis;\nand\n(B) that states it is an occupancy agreement for\nemergency accommodation for people in crisis;\n(v) an agreement—\n(A) to occupy premises provided under a housing support\nprogram; and\n(B) that states it is an occupancy agreement for a housing\nsupport program;\n(vi) an agreement—\n(A) to occupy premises because of membership in a club\nor other entity; and\n(B) that states it is an occupancy agreement;\n(vii) except if section 6B applies, an agreement to occupy—\n(A) premises provided by the grantor in a residential park;\nor\n(B) a site in a residential park, for the purpose of the\noccupant placing a manufactured home or a mobile\nhome on the site;\n\n(viii) an agreement prescribed by regulation.\nExamples—par (b) (iii) (A)\na bedroom in a boarding house, a bed in a dormitory-style room\nNote This Act does not apply to nursing homes, hostels for aged or disabled\npeople or other prescribed premises (see s 4).\n(2) The agreement may be—\n(a) express or implied; or\n(b) in writing, oral, or partly in writing and partly oral.\nNote After 6 weeks, the occupancy agreement should be in writing (see\ns 71EA (1) (b)).\n(3) The right to occupy may be—\n(a) exclusive or not;\n(b) given with a right to use facilities, furniture or goods.\nhousing support program means a program funded by the Territory\nunder which accommodation is provided for people who—\n(a) are homeless or at risk of homelessness; or\n(b) will receive welfare or health support or services when using the\naccommodation.\nExamples—par (b)\nalcohol and drug addiction services\nshared facilities, in relation to premises, means areas related to the\npremises, provided for shared use by people occupying those and\nother premises.\nshared bathroom and toilet, laundry, kitchen\n\nsleeping space, in a building, means—\n(a) a bedroom; or\n(b) a bed in a room with other beds.\n71CA Certain types of agreements not occupancy agreements\nAn occupancy agreement does not include an agreement—\n(a) under which a tenant under a residential tenancy agreement\ngives a right to occupy the premises the subject of the residential\ntenancy agreement; or\n(b) arising under a mortgage entered into honestly in relation to the\n(c) arising under a scheme if—\n(i) a group of adjacent premises is owned by a company; and\n(ii) the people who have rights to occupy the adjacent premises\njointly have a controlling interest in the company; or\n(d) entered into honestly to give a right to occupy the premises for\na holiday; or\n(e) entered into by a person who is also a party to a related\nagreement entered into honestly for the sale or purchase of the\n(f) prescribed by regulation.\n71CB Occupancy agreement—smoke alarms\n(1) A grantor must not enter into an occupancy agreement (other than a\nsite-only residential park occupancy agreement) with an occupant in\nrelation to premises unless—\n(a) smoke alarms are installed for the premises; and\n\n(b) the smoke alarms, and the installation of the smoke alarms,\ncomply with the requirements prescribed by regulation under\nsection 11B (1) (b).\nNote Other requirements may apply in relation to the installation of smoke\nalarms, for example, requirements under the Building Act 2004.\n(2) For a site-only residential park occupancy agreement, the occupant\nmust comply with the requirements in subsection (1) (a) and (b).\nsite-only residential park occupancy agreement means an occupancy\nagreement mentioned in section 71C (1) (b) (vii) (B).\n71D When does an occupancy start and end?\n(1) An occupancy agreement starts on the earliest of the following days:\n(a) the day stated in the agreement;\n(b) the 1st day both parties have signed the agreement and received\na copy signed by the other;\n(c) the day the occupant takes possession of the premises;\n(d) the 1st day the grantor receives rent from the occupant.\n(2) An occupancy agreement ends on the following day:\n(a) if the agreement is for a fixed term—\n(i) the last day of the fixed term; or\n(ii) if, with the grantor’s consent, the occupant continues to\noccupy the premises after the fixed term ends—\n(A) the day agreed by the grantor and occupant; or\n(B) the day the agreement is terminated under\nsection 71EK; or\n\n(b) if the agreement is not for a fixed term—\n(i) a day agreed by the grantor and occupant; or\n(ii) the day the agreement is terminated under section 71EK.\n71E Application of occupancy principles\n(1) An occupancy agreement for premises—\n(a) is taken to contain the occupancy principles as in force from time\nto time; and\n(b) may contain—\n(i) rules about occupying the premises (the occupancy rules);\nand\n(ii) additional terms.\n(2) An occupancy rule or additional term in an occupancy agreement is\nvoid if it is inconsistent with the occupancy principles, this Act or\nanother territory law.\n71EA Occupancy principles\n(1) The following principles (the occupancy principles) apply to an\noccupancy agreement in relation to premises:\n(a) a grantor must provide premises that are—\n(i) reasonably clean; and\n(ii) in a reasonable state of repair; and\n(iii) reasonably secure;\n(b) a grantor must ensure that the occupancy agreement is in writing\nif—\n(i) the agreement is for a fixed term of more than 6 weeks; or\n\n(ii) if subparagraph (i) does not apply to the agreement—the\ntotal time the occupant occupies the premises under the\nagreement is more than 6 weeks;\n(c) a grantor may require an occupant to pay a security deposit only\nin accordance with section 71EC;\nNote A security deposit payable under an occupancy agreement must be\ntreated as if it were a rental bond lodged with the Territory (see\ns 71ED).\n(d) a grantor must give an occupant a written receipt for payments\nmade under the occupancy agreement in accordance with\nsection 71EF;\n(e) a grantor may only impose an occupancy rule, fee, charge or\npenalty on an occupant if the requirements in section 71EG are\nmet;\n(f) an occupancy rule must be reasonable and proportionate to the\noutcome sought by the imposition of the rule;\n(g) any penalty or consequence (other than termination of the\nagreement) for breaching an occupancy rule—\n(i) must be reasonable and proportionate to the seriousness of\nthe breach of the rule; and\n(ii) must not impose unreasonable hardship on the occupant;\n(h) a grantor must provide the occupant with quiet enjoyment of the\npremises including access to the premises as set out in\nsection 71EH;\n(i) a grantor must give the occupant the information mentioned in\nsection 71EI about the dispute resolution processes that apply to\nthe occupancy agreement;\n(j) a grantor may enter the premises only in accordance with\nsection 71EJ or section 71EM;\n\n(k) an occupant must not behave in a way that detracts from the\nrights of others (including another occupant) to live and work in\nthe premises in a safe environment, free from harassment or\nintimidation;\n(l) a party to the occupancy agreement must not terminate the\nagreement otherwise than in accordance with section 71EK;\n(m) an occupant must vacate the premises when the agreement ends;\n(n) an occupant must, at the end of the occupancy agreement, leave\nthe premises—\n(i) in substantially the same state of cleanliness the premises\nwere in at the start of the occupancy agreement; and\n(ii) in substantially the same condition the premises were in at\nthe start of the occupancy agreement (allowing for fair\nwear and tear); and\n(iii) reasonably secure.\n(2) However, subsection (1) (g) does not apply to a penalty or\nconsequence under a university requirement.\n(3) If subsection (1) (b) (i) does not apply to an occupancy agreement and\nthe agreement is not in writing, the grantor may comply with any\nrequirement in subsection (1) to include information in the agreement\nby giving the occupant the information, in writing, in any other\nappropriate way before the agreement starts.\n(4) For a site-only residential park occupancy agreement—\n(a) premises means the land and any fixtures in the residential park\nprovided by the grantor for the purpose of the occupant placing\na manufactured home or a mobile home on the land; and\n(b) the grantor is entitled to enter the occupant’s manufactured\nhome or a mobile home only with reasonable notice, at\nreasonable times, on reasonable grounds and for reasonable\npurposes.\n\nsite-only residential park occupancy agreement means an occupancy\nagreement mentioned in section 71C (1) (b) (vii) (B).\nuniversity requirement means a statute, rule or policy about student\ndiscipline or medical leave made under, or authorised by, the\nAustralian National University Act 1991 (Cwlth) or the University of\nCanberra Act 1989.\n71EB Condition report\n(1) A grantor must, not later than the day after the occupant takes\npossession of the premises, give the occupant a report about the state\nof repair or general condition of the premises of the following on the\nday the occupant is given the report:\n(a) the premises;\n(b) any facilities, furniture or goods provided with the premises.\n(2) The grantor must sign the report and give the occupant a reasonable\nopportunity to check the content of the condition report.\n(3) If the grantor does not give the occupant a condition report for the\npremises, unless there is evidence to the contrary, the state of repair\nor general condition of the premises is taken to be the same at the end\nof the occupancy agreement as they were at the start of the agreement.\n71EC Payment of security deposit\n(1) A grantor must not require an occupant under an occupancy\nagreement for premises to pay a security deposit unless—\n(a) the agreement is—\n(i) in writing; and\n(ii) for a fixed term of more than 14 days; and\n\n(b) the grantor complies with section 71EB in relation to a condition\nreport.\n(2) The maximum amount of a security deposit is—\n(a) for an occupancy agreement with a fixed term of more than\n14 days but less than 6 months—an amount of no more than the\nfirst 2 weeks of any occupancy fee payable under the agreement;\nor\n(b) for an occupancy agreement with a fixed term of 6 months or\nlonger—an amount of no more than the first 4 weeks of any\noccupancy fee payable under the agreement.\n(3) The amount of the security deposit must be stated in the occupancy\n(4) A grantor must not require or accept—\n(a) more than 1 security deposit in relation to an occupancy\n(b) a security deposit from an occupant under an occupancy\nagreement for premises (the current agreement) if—\n(i) the occupant occupied the premises under an earlier\noccupancy agreement (the prior agreement); and\n(ii) a security deposit is held in relation to the prior agreement;\nand\n(iii) an application for the release of the deposit has not yet been\nmade.\nNote An application may be made under div 3.4 (as applied by\ns 71ED (4)).\n71ED Security deposit must be lodged with Territory\n(1) A security deposit payable under an occupancy agreement, other than\nan education provider occupancy agreement, must be deposited with\nthe Territory.\n\n(2) The deposit must be accompanied by a written notice that states—\n(a) the names of, and addresses for service on, the occupant and the\ngrantor; and\n(b) the amount of security deposit being deposited.\n(3) If the Territory accepts the amount of the security deposit, the\nTerritory must—\n(a) give the occupant a receipt for the amount; and\n(b) give the occupant and grantor a copy of the notice under\nsubsection (2).\n(4) If the Territory accepts the security deposit, the applied provisions\napply in relation to the occupancy agreement as if—\n(a) the amount had been received by the Territory under part 3\n(Bonds); and\n(b) the occupancy agreement were a residential tenancy agreement;\nand\n(c) the occupant were a tenant under the agreement; and\n(d) the grantor were the lessor under the agreement; and\n(e) any dispute between the occupant and the grantor about the\nsecurity deposit were a tenancy dispute; and\n(f) any other necessary changes, and any changes prescribed by\nregulation, were made.\napplied provisions means the following provisions:\n(a) section 27 (Payment of bond money into trust account);\n(b) section 28 (Interest on amounts in trust account);\n(c) division 3.4 (Release of bond money).\n\neducation provider occupancy agreement means an occupancy\nagreement in relation to premises in a residential facility associated\nwith, or on the campus of, or provided under an arrangement with, an\neducation provider.\n71EE Deductions from security deposit\nA grantor may deduct from a security deposit paid under an\noccupancy agreement—\n(a) the reasonable cost of repairs to, or the restoration of, the\npremises or any facilities, furniture or goods provided with the\npremises as a result of damage (other than fair wear and tear)\ncaused by the occupant; and\n(b) the reasonable cost of securing the premises if the occupant fails\nto return the keys for the premises to the grantor at the end of\nthe agreement; and\n(c) any occupancy fee or other amount owing and payable under the\noccupancy agreement at the time the agreement ends.\n71EF Receipts for certain payments\n(1) If an occupant pays to a grantor an amount under an occupancy\nagreement for premises of—\n(a) $75 or more—the grantor must give the occupant a written\nreceipt for the payment; or\n(b) less than $75—the grantor must give the occupant a written\nreceipt for the payment if asked by the occupant.\n(2) The grantor must—\n(a) keep a written record of all payments received from the occupant\nunder the occupancy agreement; and\n(b) if asked by the occupant—give the occupant a copy of the\nrecord.\n\n71EG Occupancy rules, fees, charges and penalties\n(1) The grantor must include the following information in an occupancy\nagreement for premises:\n(a) any occupancy rule that applies to the premises;\n(b) any penalty that may apply for a breach of an occupancy rule;\n(c) any penalty, fee or charge that may apply if the occupant\nterminates the agreement before the end of the agreement;\n(d) any other fee or charge payable under the agreement\nincluding—\n(i) the frequency of the fee or charge; and\n(ii) if relevant, how the fee or charge is worked out.\nExamples—par (d) (i)\nweekly occupancy fee, monthly electricity charge, quarterly water use fee, monthly\nwi-fi access fee\nExample—par (d) (ii)\na stated share of a utilities bill\nNote If an occupancy agreement is not in writing, the grantor may comply with\na requirement to give information by giving the information, in writing,\nin any other appropriate way (see s 71EA (3)).\n(2) The grantor must give the occupant—\n(a) at least 8 weeks prior written notice (the grantor’s notice\nperiod) before—\n(i) changing an occupancy rule included in the occupancy\n(ii) increasing a fee, charge or penalty payable under the\noccupancy agreement; or\n(iii) introducing a new fee, charge, occupancy rule or penalty\npayable under the occupancy agreement; and\n\n(b) reasonable notice about imposing a penalty for breach of an\noccupancy rule included in the occupancy agreement.\n(3) If the grantor gives notice under subsection (2) (a), the occupant may\nterminate the occupancy agreement by giving 2 weeks written notice\nto the grantor before the end of the grantor’s notice period.\n71EH Occupant’s access to occupancy premises\n(1) As far as reasonably practicable, the grantor must give the occupant—\n(a) 24-hour access to—\n(i) the occupant’s part of the premises; and\n(ii) a toilet and bathroom; and\n(b) access at reasonable times to shared facilities having regard to\nthe occupant’s circumstances.\nExample—occupant’s circumstances\nparents of a baby may need to use the kitchen to prepare baby formula\noccupant’s part, of premises the subject of an occupancy agreement,\nmeans the part of the premises that is provided under the agreement\nfor the occupant’s primary use.\nshared facilities, in relation to premises the subject of an occupancy\nagreement, means an area related to the premises that is provided for\nshared use by occupants.\nshared laundry, kitchen, games room, outdoor BBQ area\n\n71EI Information about dispute resolution processes\nThe grantor must include the following information in an occupancy\nagreement for premises:\n(a) any internal dispute resolution process that applies to the\n(b) the contact details for—\n(i) the grantor; and\n(ii) at least 1 community dispute resolution service provider;\nand\n(iii) the human rights commission; and\n(iv) the legal aid commission; and\n(v) the ACAT.\nNote If an occupancy agreement is not in writing, the grantor may comply with\na requirement to give information by giving the information, in writing,\nin any other appropriate way (see s 71EA (3)).\n71EJ Entry by grantor to occupancy premises\n(1) The grantor must ensure an occupancy agreement for premises\nstates—\n(a) under what circumstances the grantor may enter the premises;\nand\n(b) for each circumstance—the kind of notice, and period of notice,\nthat the grantor must give the occupant—\n(i) before entering the premises; or\n\n(ii) if it is not practicable to give prior notice, after entering the\nExamples—not practicable to give prior notice\n1 the grantor has reasonable concerns about an imminent risk to the\nwelfare of the occupant or another person\n2 the grantor has reasonable concerns about an imminent risk of\nproperty damage and the occupant cannot be contacted\n(2) For subsection (1) (b), the kind of notice, and period of notice, must\nbe reasonable and proportionate to the outcome sought by the grantor\nentering the premises.\n1 The owner of a boarding house states in the occupancy agreement that the\noccupant’s room will be cleaned every Monday morning.\n2 The operator of a residential park states in the occupancy agreement for a\nmanufactured home provided by the operator that the operator will give\n7 days’ notice for routine maintenance.\n3 A student accommodation provider states in an occupancy agreement that if\nthe student welfare officer has reasonable concerns about the welfare of an\noccupant, the officer may give notice by knocking 3 times on the occupant’s\ndoor and, if there is no answer, may enter the room to check on the occupant’s\nwelfare. If the occupant is not in the room, the agreement states the officer will\nleave a written note telling the occupant when and why the officer entered the\nroom and the officer’s contact details.\n(3) A grantor may enter the premises if—\n(a) the occupancy agreement allows the grantor to do so; and\n(b) unless it is not practicable to do so—the grantor has given notice\nin accordance with the agreement.\n71EK Termination of occupancy agreement\n(1) The grantor must ensure an occupancy agreement states—\n(a) under what circumstances the occupancy agreement may be\nterminated; and\n\n(b) a reasonable period of notice that must be given by a party\nbefore the agreement is terminated.\n(2) For subsection (1) (a), the occupancy agreement may only allow a\nparty to terminate the agreement under circumstances that are\nreasonable having regard to the nature of the occupancy.\nExamples—nature of occupancy\n1 whether the occupancies of the premises are usually long-term or short-term\n2 whether the agreement is for a fixed term or is periodic\n3 whether the accommodation is provided by a commercial provider or is in\nsomeone’s residence\n4 whether the accommodation is provided for a particular group of people such\nas students studying at a university\n(3) A party may only terminate an occupancy agreement if—\n(a) all parties to the agreement agree; or\n(b) the agreement allows the party to do so and the party has given\nnotice in accordance with the agreement; or\n(c) the other party has—\n(i) breached an occupancy principle or the occupancy\n(ii) the breach justifies the termination of the agreement.\nNote An occupant may also terminate the agreement if the grantor gives notice\nof a change to the occupancy rules, fees, charges or penalties (see\ns 71EG (3)).\n(4) However, if an occupancy agreement may be terminated under a\nuniversity requirement—\n(a) subsection (2) does not apply; and\n(b) for subsection (3)—the parties may also terminate the agreement\nas permitted or required under the university requirement.\n\n(5) A grantor must not terminate an occupancy agreement, or evict an\noccupant, only because the occupant—\n(a) applied to the ACAT for an order in relation to an occupancy\n(b) complained to a government entity in relation to an occupancy\n(c) took reasonable action to secure and enforce an occupancy\nuniversity requirement—see section 71EA (5).\n71EL Warrant for eviction—vacant possession order\n(1) On application by a grantor, the registrar must issue a warrant for the\neviction of an occupant from premises if—\n(a) the ACAT has ordered the occupant under section 83 (1) (j) to\nvacate the premises; and\n(b) the occupant fails to vacate the premises in accordance with the\n(2) A warrant under this section must comply with section 40 (Content\nof warrant).\n71EM Occupancy agreement—abandonment of premises\n(a) the occupant under an occupancy agreement for premises has\nnot paid the occupancy fee under the agreement for at least 3\nconsecutive periods; and\n(b) the grantor has taken all reasonable steps to contact the occupier\nof the premises; and\n\n(c) the grantor reasonably believes that the occupier has abandoned\n(2) The grantor may, without the occupier’s consent, and without notice,\nenter the premises during the occupancy agreement to confirm\nwhether the premises have been abandoned.\n(3) However, the grantor must not enter the premises under\nsubsection (2)—\n(a) on a Sunday; or\n(b) on a public holiday; or\n(c) before 8 am or after 6 pm.\nNote 1 A grantor may seek an order that premises are abandoned under s 83 (1) (k).\nNote 2 A grantor may dispose of any abandoned goods found on the premises\nunder the Uncollected Goods Act 1996.\n","sortOrder":131},{"sectionNumber":"71F","sectionType":"section","heading":"Regulations about occupancy agreements","content":"71F Regulations about occupancy agreements\n(1) A regulation may make provision in relation to occupancy\nagreements, including, for example, standard occupancy terms.\nNote Power under an Act to make a regulation includes power to make\ndifferent provision for different classes of matters (see Legislation Act,\ns 48 (1) (a)).\n(2) A regulation about standard occupancy terms must be consistent with\nthe occupancy principles.\n\n","sortOrder":132},{"sectionNumber":"71H","sectionType":"section","heading":"Definitions—pt 5B","content":"71H Definitions—pt 5B\noperator, of a residential park, means the person who manages,\ncontrols or otherwise operates the residential park, including by\ngranting rights of occupancy under a residential park agreement,\nwhether or not the person is the owner of the residential park.\nresidential park agreement means a residential tenancy agreement or\nan occupancy agreement in relation to a manufactured home or a\nmobile home that is located in a residential park and includes a site\nsite agreement means an agreement under which an operator grants\nanother person, for value, a right to occupy a site in the operator’s\nresidential park, for the purpose of placing a manufactured home or a\nmobile home on the site for use as a home.\n","sortOrder":133},{"sectionNumber":"Div 5B","sectionType":"division","heading":"2 Shared park facilities","content":"Division 5B.2 Shared park facilities\n","sortOrder":134},{"sectionNumber":"71I","sectionType":"section","heading":"Access to shared park facilities","content":"71I Access to shared park facilities\n(1) As far as reasonably practicable, an operator must give a tenant or\noccupant under a residential park agreement access at reasonable\nhours to shared park facilities.\nshared park facilities, in relation to a residential park, means areas in\nthe park provided for shared use by tenants and occupants in the park.\nshowers, toilets, laundry, camp kitchen, pool, BBQ area\n\nResidential parks Part 5B\nAssignment of interests Division 5B.3\nDivision 5B.3 Assignment of interests\n","sortOrder":135},{"sectionNumber":"71J","sectionType":"section","heading":"Definitions—div 5B.3","content":"71J Definitions—div 5B.3\nassignee, in relation to a residential park agreement—see section\n71K (1).\nassignor, in relation to a residential park agreement—see section\n71K (1).\n","sortOrder":136},{"sectionNumber":"71K","sectionType":"section","heading":"Assignment in residential park permitted with consent","content":"71K Assignment in residential park permitted with consent\n(1) A tenant or occupant (the assignor) may assign the assignor’s interest\nin a residential park agreement to someone else (the assignee) only if\nthe operator of the residential park—\n(a) consents, in writing, to the assignment; or\n(b) is taken under section 71L to have consented to the assignment.\n(2) In requesting the operator’s consent for subsection (1), the assignor\nmust give the operator the following information:\n(a) the name of the assignee;\n(b) the same information in relation to the assignee that the assignee\nwas requested to give to the operator in relation to the assignee’s\napplication to enter into the residential park agreement.\n","sortOrder":137},{"sectionNumber":"71L","sectionType":"section","heading":"Consent to assignment","content":"71L Consent to assignment\n(1) Within 14 days after receiving the assignor’s request for consent\nunder section 71K (2), the operator may, in writing—\n(a) consent to the assignment; or\n(b) refuse to consent to the assignment.\n\n(2) The operator is taken to consent to the assignment if the assignor\nmakes a request under section 71K (2) and the operator does not take\naction under subsection (1) within 14 days after the request.\n","sortOrder":138},{"sectionNumber":"71M","sectionType":"section","heading":"Effect of assignment","content":"71M Effect of assignment\n(1) This section applies if an assignor assigns their interest under a\nresidential park agreement to an assignee.\n(2) The assignor’s interest in any security deposit paid under the\nagreement is also assigned to the assignee.\n(3) From the day of the assignment—\n(a) the assignee is taken to be substituted for the assignor under the\nresidential park agreement, including for the purposes of any\nsecurity deposit; and\n(b) the assignor remains liable for any liabilities incurred under the\nagreement before the day of the assignment.\nDivision 5B.4 Sale of manufactured homes and\nmobile homes\n","sortOrder":139},{"sectionNumber":"71N","sectionType":"section","heading":"Sale of home located on residential park site","content":"71N Sale of home located on residential park site\n(a) a person owns a manufactured home or mobile home\n(the occupant’s premises) that is located in a residential park\nunder a site agreement; and\n(b) the person intends to offer the premises for sale.\n(2) The person must not display a sign about the sale in or on the premises\nor in the residential park unless—\n(a) the person has told the operator about their intention to sell the\n\nResidential parks Part 5B\nSale of manufactured homes and mobile homes Division 5B.4\n(b) the sign is no larger than the maximum size prescribed by\n(3) The operator of a residential park must not take any action to hinder\nthe person’s sale of the premises in the park if the person has\ncomplied with subsection (2).\n(4) Without limiting subsection (3), an operator of a residential park\nhinders a person’s sale of premises in the park if the operator—\n(a) unreasonably stops potential buyers from inspecting the\n(b) makes false or misleading statements about the park that affect\nor may affect the sale; or\n(c) prevents the person from displaying a sign about the sale.\n(5) An operator of a residential park is not taken to hinder a person’s sale\nof their premises only because the operator—\n(a) imposes conditions relating to potential buyers entering or\nremaining in the park that are reasonable in the circumstances;\nor\n(b) has reasonably refused to consent to a proposed assignment of\nthe person’s interest in the site agreement.\n","sortOrder":140},{"sectionNumber":"71O","sectionType":"section","heading":"Home to be removed from park if no site agreement once","content":"71O Home to be removed from park if no site agreement once\nsold\n(a) a person (the seller) owns a manufactured home or mobile home\nin a residential park under a site agreement; and\n(b) the seller sells the manufactured home or mobile home to\nanother person (the buyer).\n\n(2) The buyer must remove the manufactured home or mobile home from\nthe residential park within 5 days after the sale is completed or within\na longer period of time agreed by the operator unless—\n(a) the seller has assigned the site agreement to the buyer; or\n(b) the buyer has entered into a new site agreement with the\noperator.\n(3) If asked by the buyer, the operator of the residential park must not\nunreasonably refuse to enter into a site agreement with the buyer for\nan appropriate site in the park for the manufactured home or mobile\nhome.\n\nImportant concepts Division 6.1\nPart 6 Resolution of residential tenancy\nand occupancy disputes\nDivision 6.1 Important concepts\n72 Meaning of tenancy dispute\n(1) For this Act, a dispute is a tenancy dispute if it—\n(a) is between the parties (including between co-tenants) to a\n(b) is about, arises from, or relates to, the agreement.\n(2) A tenancy dispute includes—\n(a) a dispute if an application relating to the dispute may be made\nunder part 4 (Termination of residential tenancy agreements) or\npart 5 (Rental rate increases); and\n(b) a referral of an application and notice of dispute taken to be an\napplication about a tenancy dispute under section 35 (3); and\n(c) an application for compensation under this Act.\n","sortOrder":141},{"sectionNumber":"73","sectionType":"section","heading":"Meaning of occupancy dispute","content":"73 Meaning of occupancy dispute\n(1) For this Act, a dispute is an occupancy dispute if it—\n(a) is between the parties to an occupancy agreement; and\n(b) is about, or relates to, the agreement.\n(2) However, for an occupancy agreement to which a university dispute\nresolution procedure applies, a dispute is an occupancy dispute only\nif the parties have been unable to resolve the dispute within a\nreasonable time under the university dispute resolution procedure.\n\nuniversity dispute resolution procedure means a dispute resolution\nprocedure authorised under the Australian National University\nAct 1991 (Cwlth) or the University of Canberra Act 1989.\n","sortOrder":142},{"sectionNumber":"74","sectionType":"section","heading":"Other options for dispute resolution","content":"74 Other options for dispute resolution\n(1) Nothing in this part requires an occupant to attempt to resolve an\noccupancy dispute under this Act before making a complaint under\nthe Human Rights Commission Act 2005.\n(2) To remove any doubt, section 73 (2) does not require an occupant to\nattempt to resolve an occupancy dispute under a university dispute\nresolution procedure before making a complaint under the Human\nRights Commission Act 2005.\nuniversity dispute resolution procedure—see section 73 (3).\n","sortOrder":143},{"sectionNumber":"75","sectionType":"section","heading":"Assistance with inquiries about residential tenancy and","content":"75 Assistance with inquiries about residential tenancy and\noccupancy agreements\nThe registrar may give the assistance the registrar considers\nappropriate in relation to an inquiry about a residential tenancy\nagreement or occupancy agreement, including—\n(a) referring the person making the inquiry to services provided by\nthe public or private sector that give advice about residential\ntenancy or occupancy matters generally; and\n(b) referring the person to services provided by the public or private\nsector for the resolution of tenancy disputes or occupancy\ndisputes.\nNote The registrar may also help a person make an application to the ACAT as\nthe registrar considers appropriate (see ACT Civil and Administrative\nTribunal Act 2008, s 112 (1) (b)).\n\n","sortOrder":144},{"sectionNumber":"Div 6","sectionType":"division","heading":"3","content":"Division 6.3\nDivision 6.3 Jurisdiction of ACAT—this Act,\nstandard residential tenancy terms\nand standard occupancy terms\n","sortOrder":145},{"sectionNumber":"76","sectionType":"section","heading":"Jurisdiction of ACAT under this Act etc","content":"76 Jurisdiction of ACAT under this Act etc\n(1) The ACAT has exclusive jurisdiction to hear and decide any matter\nthat may be the subject of an application to the ACAT under—\n(a) this Act; or\n(b) the standard residential tenancy terms; or\n(c) the occupancy principles.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) However, the ACAT does not have jurisdiction to make an order\nfor—\n(a) the payment of an amount that is more than $25 000; or\n(b) work of a value that is more than $25 000.\n(3) This section is subject to—\n(a) section 78 (Extended jurisdiction of ACAT with agreement of\nparties); and\n(b) the Self-Government Act, section 48A (Jurisdiction and powers\nof the Supreme Court).\nNote The Self-Government Act, s 48A provides as follows:\n(1) The Supreme Court is to have all original and appellate jurisdiction\nthat is necessary for the administration of justice in the Territory.\n(2) In addition, the Supreme Court may have such further jurisdiction\nas is conferred on it by any Act, enactment or Ordinance, or any\nlaw made under any Act, enactment or Ordinance.\n\nDivision 6.3 Jurisdiction of ACAT—this Act, standard residential tenancy terms and\n(3) The Supreme Court is not bound to exercise any powers where it\nhas concurrent jurisdiction with another court or tribunal.\n","sortOrder":146},{"sectionNumber":"77","sectionType":"section","heading":"Saving of court jurisdiction","content":"77 Saving of court jurisdiction\n(1) A claim for payment of an amount, or for work of a value, that is more\nthan $10 000 may be made in a court competent to hear and decide\nclaims based on contract for the amount claimed.\n(2) If a claim mentioned in subsection (1) may be made—\n(a) the claimant may also make any other claim related to the\nrelevant tenancy dispute or occupancy dispute; and\n(b) the court in which the proceeding is brought may exercise the\npowers of the ACAT under this Act.\n(3) This section has effect despite section 76.\n","sortOrder":147},{"sectionNumber":"78","sectionType":"section","heading":"Extended jurisdiction of ACAT with agreement of parties","content":"78 Extended jurisdiction of ACAT with agreement of parties\n(a) an application (the original application) is made to the ACAT\nunder—\n(i) this Act; or\n(ii) the standard residential tenancy terms; or\n(iii) the occupancy principles; and\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(b) the parties to the proceeding agree to the ACAT exercising\nextended jurisdiction under this section.\n\nDivision 6.3\n(2) The ACAT has jurisdiction (extended jurisdiction) to hear and decide\nany matter that—\n(a) arises out of, or is ancillary to, the dispute that gave rise to the\noriginal application; and\n(b) the Magistrates Court has jurisdiction to hear and decide under\nthe Magistrates Court Act 1930, part 4.2 (Civil jurisdiction).\n(3) If the ACAT is exercising extended jurisdiction, the ACAT has the\nsame jurisdiction and powers as the Magistrates Court has under the\nMagistrates Court Act 1930, part 4.2 (Civil jurisdiction).\nNote The Magistrates Court has jurisdiction to hear and decide any personal\naction at law if the amount claimed is not more than $250 000 (see\nMagistrates Court Act 1930, s 257).\n(4) However, a provision of the Magistrates Court Act 1930, part 4.2\nprescribed by a rule under the ACT Civil and Administrative Tribunal\nAct 2008, section 22 (2) does not apply in relation to the ACAT when\nexercising extended jurisdiction.\n\n","sortOrder":148},{"sectionNumber":"79","sectionType":"section","heading":"Who may apply to ACAT?","content":"79 Who may apply to ACAT?\n(1) A party to a residential tenancy agreement (including a child) may\napply to the ACAT for resolution of a tenancy dispute.\n(2) A party to an occupancy agreement (including a child) may apply to\nthe ACAT for resolution of an occupancy dispute.\n","sortOrder":149},{"sectionNumber":"80","sectionType":"section","heading":"Applications to ACAT by children—application of this Act","content":"80 Applications to ACAT by children—application of this Act\netc\nThis Act and the ACT Civil and Administrative Tribunal Act 2008\napply in relation to an application made by a child to the ACAT as if\nthe child were an adult.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any rules (see Legislation Act,\ns 104).\n","sortOrder":150},{"sectionNumber":"81","sectionType":"section","heading":"ACAT to assist parties to tenancy and occupancy","content":"81 ACAT to assist parties to tenancy and occupancy\ndisputes\nThe ACAT must actively assist the parties to a tenancy or occupancy\ndispute to understand the hearing process and present their case.\n","sortOrder":151},{"sectionNumber":"82","sectionType":"section","heading":"Disputes about agreements no longer in force","content":"82 Disputes about agreements no longer in force\nIf a residential tenancy agreement or occupancy agreement is no\nlonger in force, the ACAT may decide a tenancy dispute or occupancy\ndispute arising from the agreement while it was in force only if—\n(a) this Act applied to the agreement while the agreement was in\nforce; and\n\nPowers and decisions of ACAT Division 6.5\n(b) a party applies to the ACAT about the dispute within 6 years\nafter the day, or the last day, the conduct giving rise to the\ndispute happened.\n","sortOrder":152},{"sectionNumber":"83","sectionType":"section","heading":"Orders by ACAT","content":"83 Orders by ACAT\n(1) Without limiting the orders the ACAT may make, the ACAT may\nmake the following orders in relation to an application about a\ntenancy dispute or occupancy dispute:\n(a) an order restraining any action in breach of a residential tenancy\nagreement or occupancy agreement;\n(b) an order requiring performance of a residential tenancy\nagreement or occupancy agreement;\n(c) an order requiring the payment of an amount to the Territory or\na person;\n(d) an order requiring the payment of compensation for loss of rent,\noccupancy fees or any other loss caused by the breach of a\nresidential tenancy agreement or occupancy agreement;\n(e) an order requiring the payment of compensation for any loss\ncaused by the lessor’s failure to ensure premises comply with a\nminimum housing standard in accordance with section 19B;\n(f) an order stating that an amount (not more than the amount of\nbond or security deposit paid into the trust account in relation to\nthe relevant residential tenancy agreement or occupancy\nagreement, as the case requires) be paid to the lessor or grantor\nfrom the trust account;\n(g) an order restoring a residential tenancy agreement or occupancy\nagreement and granting the former tenant or occupant\npossession of premises—\n(i) from which the person was evicted in contravention of this\nAct; or\n\n(ii) that the person vacated the premises in accordance with a\ndefective termination notice;\n(h) an order requiring payment of all or part of the following into\nthe ACAT until the ACAT orders otherwise:\n(i) the rent payable under the standard residential tenancy\nterms; or\n(ii) an occupancy fee payable under the occupancy agreement;\n(i) an order directing payment out of any amount paid into the\nACAT as appropriate;\n(j) an order terminating a residential tenancy agreement or\noccupancy agreement and granting vacant possession of the\nrelevant premises to the applicant for the order;\n(k) an order—\n(i) declaring the premises abandoned; and\n(ii) if the abandoned premises are a manufactured home or\nmobile home in a residential park and the ACAT considers\nthat the premises are not fit for human habitation—\ndirecting the operator of the park how the premises may be\ndisposed of;\nNote An operator of a residential park in which a manufactured home or\nmobile home is abandoned can only dispose of the home under the\nUncollected Goods Act 1996, s 24A if the ACAT has made an order\nunder par (k).\n(l) an order correcting—\n(i) a defective termination notice; or\n(ii) a defect in—\n(A) any other notice given under this Act; or\n\nPowers and decisions of ACAT Division 6.5\n(B) the service of any other notice under this Act;\nExample—other notice\nnotice to remedy\n(m) any other order the ACAT considers appropriate including\ndeclaratory orders in relation to a matter in this Act.\n(2) The ACAT may make an order under subsection (1) (l) only if\nsatisfied that the defective termination notice or other defect did not,\nand is not likely to, place the person receiving the notice in a\nsignificantly worse position than the person would have been in had\nthe notice, or the service of the notice, not been defective.\nNote 1 The ACT Civil and Administrative Tribunal Act 2008, s 56 sets out other\norders that the ACAT may make.\nNote 2 The ACAT may make interim orders (see ACT Civil and Administrative\nTribunal Act 2008, s 53).\n","sortOrder":153},{"sectionNumber":"84","sectionType":"section","heading":"Notice of intention to vacate—award of compensation","content":"84 Notice of intention to vacate—award of compensation\n(1) This section applies only in relation to a fixed term agreement entered\ninto before the commencement of the Housing and Consumer Affairs\nLegislation Amendment Act 2024, section 97.\n(2) If the lessor received a notice of intention to vacate before the end of\nthe fixed term agreement, and the date nominated in the notice as the\ndate when the tenant intends to vacate is a date before the end of the\nagreement, the lessor may—\n(a) accept the notice; or\n(b) if the agreement does not include a break lease fee clause, apply\nto the ACAT for compensation for—\n(i) the loss of the rent that the lessor would have received had\nthe agreement continued to the end of its term; and\n(ii) the reasonable costs of advertising the premises for lease\nand of giving a right to occupy the premises to another\nperson.\n\n(3) On application, the ACAT may award compensation of the kind\nmentioned in subsection (2) (b).\n(4) The amount of compensation the ACAT may award—\n(a) under subsection (2) (b) (i) must not be more than the lesser of\nthe following:\n(i) 25 weeks rent;\n(ii) rent in relation to the unexpired part of the agreement; and\n(b) under subsection (2) (b) (ii) must not be more than 1 week’s rent.\n(5) In deciding the amount of compensation that may be awarded in\nrelation to the reasonable costs of advertising, the ACAT must have\nregard to when, apart from the vacation of the premises—\n(a) the agreement would have ended; and\n(b) the lessor would have incurred the costs.\n(6) No compensation may be awarded to the lessor if the agreement is\nlawfully terminated under the following sections:\n(a) section 46A (Termination of agreement for aged care or social\nhousing needs);\n(b) section 46B (Termination of fixed term agreements if premises\nfor sale);\n(c) section 64AA (Termination—affected residential premises);\n(d) section 64AB (Termination—eligible impacted property);\n(e) section 46D (Termination for family violence);\n(f) section 46G (Co-tenancies—effect of serving family violence\ntermination notice).\n\nPowers and decisions of ACAT—protection orders Division 6.5A\nbreak lease fee clause means the clause in schedule 2, section 2.1 as\nin force immediately before the commencement of the Housing and\nConsumer Affairs Legislation Amendment Act 2024, section 98.\nDivision 6.5A Powers and decisions of ACAT—\nprotection orders\n","sortOrder":154},{"sectionNumber":"85","sectionType":"section","heading":"Definitions—div 6.5A","content":"85 Definitions—div 6.5A\nprotected person—\nAct 2016—see that Act, dictionary; or\nAct 2016—see that Act, dictionary.\nrespondent—\nAct 2016—see that Act, dictionary; or\nAct 2016—see that Act, dictionary.\n","sortOrder":155},{"sectionNumber":"85A","sectionType":"section","heading":"New tenancy agreement—family violence and protection","content":"85A New tenancy agreement—family violence and protection\norders\n(a) the Magistrates Court has made a protection order; and\n(b) the respondent is a party to a residential tenancy agreement in\nrelation to premises; and\n(c) the protected person under the order—\n(i) is also a party to the residential tenancy agreement; or\n\n(ii) has been living in the premises as the protected person’s\nhome but is not a party to the agreement; and\n(d) either—\n(i) the order includes an exclusion condition or a condition\nprohibiting the respondent from being within a particular\ndistance from the protected person; or\n(ii) the respondent has given an undertaking to the court to\nleave the premises.\n(2) The protected person may apply to the ACAT for any of the following\norders:\n(a) an order terminating the existing residential tenancy agreement;\n(b) an order—\n(i) terminating the existing residential tenancy agreement; and\n(ii) requiring the lessor of the premises to enter into a\nresidential tenancy agreement with the protected person\nand any other person mentioned in the application;\n(c) an order terminating a residential tenancy agreement or\noccupancy agreement and granting vacant possession of the\nrelevant premises to the lessor.\n(3) Each of the following is a party to a proceeding on the application:\n(a) the protected person;\n(b) the lessor;\n(c) the respondent;\n(d) any other existing tenants.\n\nPowers and decisions of ACAT—protection orders Division 6.5A\nexclusion condition—\nAct 2016—see that Act, section 39 (4); or\nAct 2016—see that Act, section 31 (4).\n","sortOrder":156},{"sectionNumber":"85B","sectionType":"section","heading":"Applications under s 85A—ACAT orders","content":"85B Applications under s 85A—ACAT orders\n(1) This section applies if the ACAT receives an application under\nsection 85A from a protected person under a protection order.\n(2) The ACAT may make the order applied for if satisfied that—\n(a) it is reasonable to make the order, taking into consideration the\nlength of the protection order and the length of time remaining\non the term of the existing residential tenancy agreement; and\n(b) it is reasonable to make the order, taking into consideration the\ninterests of the protected person, the respondent and any other\ntenants, under the existing residential tenancy agreement and, in\nparticular, whether the other tenants support the protected\nperson’s application; and\n(c) for an order mentioned in section 85A (2) (b)—\n(i) the protected person, or the dependent children of the\nprotected person or of any other person mentioned in the\napplication, would be likely to suffer significant hardship\nif the protected person were compelled to leave the\nwould suffer if the order were made; and\n(iii) the protected person and any other person mentioned in the\napplication could reasonably be expected to comply with\nthe terms of a residential tenancy agreement; and\n\n(iv) if another person is mentioned in the application—the\nlessor has been given an opportunity to consider the\nperson’s suitability as a tenant.\n(3) If the ACAT makes an order mentioned in section 85A (2) (b), the\nnew residential tenancy agreement must—\n(a) be subject to the same rent and frequency of rent payments as\nthe existing residential tenancy agreement; and\n(b) if the existing residential tenancy agreement is a fixed term\nagreement—run for a term not longer than the remainder of the\nfixed term; and\n(c) otherwise be on the same terms as the existing residential\ntenancy agreement, subject to any changes the ACAT decides.\n(4) If the ACAT makes an order mentioned in section 85A (2) (b), the\nexisting residential tenancy agreement is terminated when the new\nresidential tenancy agreement is signed by the parties to the\n(5) The ACAT may determine the liabilities of the respondent, the\nprotected person or any other tenants under the existing residential\ntenancy agreement in relation to the bond paid under the agreement.\n(6) The ACAT may suspend the operation of an order for a stated period\nof up to 3 weeks if satisfied that—\n(a) the protected person would suffer significant hardship if the\norder were not suspended for the stated period; and\n\nEnforcement of ACAT orders Division 6.6\nDivision 6.6 Enforcement of ACAT orders\n","sortOrder":157},{"sectionNumber":"86","sectionType":"section","heading":"Failure to comply with ACAT orders","content":"86 Failure to comply with ACAT orders\n(1) A party to a hearing must not fail to comply with an order of the\nACAT.\n(2) If a person contravenes subsection (1), the ACAT may order the\nperson to pay a stated amount (not more than $5 000) to the Territory.\n(3) A person commits an offence if—\n(a) the person contravenes subsection (1) (the first contravention);\nand\n(b) the ACAT makes an order under subsection (2) in relation to the\nfirst contravention; and\n(c) within 1 year immediately after the day the first contravention\nhappens, the person again contravenes subsection (1)\n(the subsequent contravention); and\n(d) the first and subsequent contraventions are not against orders\narising from the same proceeding.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(4) Subsection (3) does not apply if the person has a reasonable excuse\nfor the first or subsequent contravention.\n\n","sortOrder":158},{"sectionNumber":"87","sectionType":"section","heading":"Definitions—pt 7","content":"87 Definitions—pt 7\nagent, of a lessor, means a person employed, or otherwise authorised,\nby the lessor to act as the lessor’s agent.\ndatabase means a system, device or other thing used for storing\ninformation, whether electronically or in some other form.\ndatabase operator means an entity that operates a residential tenancy\ndatabase.\ninaccurate, in relation to personal information in a residential\ntenancy database, includes information that is inaccurate because—\n(a) the information shows that the person owes a lessor an amount\nthat is more than the rental bond; and\n(b) the amount owed was paid to the lessor more than 3 months after\nthe amount became due.\nNote If the amount is paid to the lessor within 3 months of the amount\nbecoming due, the information would be out of date.\nlist, in relation to personal information in a residential tenancy\ndatabase—\n(i) enter the personal information into the database; or\n(ii) give the personal information to the database operator or\nsomeone else for entry into a database; and\n(b) includes amend personal information in the database to include\nadditional personal information about a person.\n\nout of date, in relation to personal information in a residential tenancy\ndatabase, means the information is no longer accurate because—\n(a) for a listing made on the basis that a person owes a lessor an\namount that is more than the rental bond—the amount owed was\npaid to the lessor within 3 months after the amount became due;\nor\n(b) for a listing made on the basis that a court or the ACAT has made\nan order terminating the residential tenancy agreement—the\norder has been set aside or revoked by a court or the ACAT.\npersonal information—\n(a) means information or an opinion, whether true or not, about—\n(i) an identified individual; or\n(ii) an individual whose identity can reasonably be worked out\nfrom the information or opinion; and\n(b) includes an individual’s name.\nrental bond, for a residential tenancy agreement—\n(a) means the amount (however described)—\n(i) paid by or for the tenant under the agreement to the lessor\nunder the agreement, the Territory or another entity at the\ndirection of the lessor; and\n(ii) intended to be available for the financial protection of the\nlessor against the tenant breaching the agreement; and\n(b) does not include rent paid in advance.\nresidential tenancy database means a database—\n(a) containing personal information—\n(i) relating to, or arising from, the occupation of premises\nunder a residential tenancy agreement; or\n\n(ii) entered into the database for reasons relating to, or arising\nfrom, the occupation of premises under a residential\n(b) with an intended purpose of use by a lessor or lessor’s agent for\nchecking a person’s tenancy history for deciding whether a\nresidential tenancy agreement should be entered into with the\nperson.\n","sortOrder":159},{"sectionNumber":"88","sectionType":"section","heading":"Application—pt 7","content":"88 Application—pt 7\n(1) This part does not apply to a residential tenancy database kept by an\nentity for use only by the entity or its officers, employees or agents.\nentity includes the housing commissioner.\n","sortOrder":160},{"sectionNumber":"89","sectionType":"section","heading":"Notice of usual use of database","content":"89 Notice of usual use of database\n(a) a person (the applicant) applies to a lessor, or a lessor’s agent,\nto enter into a residential tenancy agreement; and\n(b) the lessor, or the lessor’s agent, usually uses 1 or more\nresidential tenancy databases for deciding whether to enter into\na residential tenancy agreement with a person.\n(2) The lessor, or the lessor’s agent must, when the application is made,\ngive the applicant written notice of the following:\n(a) the name of each residential tenancy database the lessor or agent\nusually uses, or may use, for deciding whether to enter into a\nresidential tenancy agreement with a person;\n(b) that the reason the lessor or agent uses a residential tenancy\ndatabase is for checking the applicant’s tenancy history;\n\n(c) for each residential tenancy database mentioned in\nparagraph (a)—how the applicant may contact and obtain\ninformation from the database operator.\n(3) Subsection (2) applies whether or not the lessor, or the lessor’s agent,\nintends to use a residential tenancy database for deciding whether to\nenter into a residential tenancy agreement with the applicant.\n(4) However, the lessor, or the lessor’s agent, is not required to give\nnotice under subsection (2) if written notice of the matters mentioned\nin that subsection was given to the applicant not more than 7 days\nbefore the application is made.\nExample—s (4)\nSerena is a lessor’s agent. When Sam collects an application form for tenancy of a\nresidential property, Serena gives Sam the written notice required under s (2).\nIf Sam lodges the completed form 5 days later, Serena does not need to provide\nnotice under s (2) again.\n","sortOrder":161},{"sectionNumber":"90","sectionType":"section","heading":"Notice of listing if database used","content":"90 Notice of listing if database used\n(a) a person (the applicant) applies to a lessor, or a lessor’s agent,\nto enter into a residential tenancy agreement; and\n(b) the lessor, or the lessor’s agent, uses a residential tenancy\ndatabase to check whether personal information about the\napplicant is in the database; and\n(c) personal information about the applicant is in the database.\n(2) The lessor, or the lessor’s agent, must, as soon as possible but within\n7 days after using the residential tenancy database, give the applicant\nwritten notice of the following:\n(a) the name of the residential tenancy database;\n(b) that personal information about the applicant is in the database;\n\n(c) the name of each person who listed personal information in the\ndatabase and is identified in the database;\n(d) how and in what circumstances the applicant can have the\npersonal information removed or amended under this part.\n","sortOrder":162},{"sectionNumber":"91","sectionType":"section","heading":"Listing can be made only for certain breaches by certain","content":"91 Listing can be made only for certain breaches by certain\npeople\n(1) A lessor, lessor’s agent or database operator must not list personal\ninformation about a person in a residential tenancy database unless—\n(a) the person was named as a tenant in a residential tenancy\nagreement that has ended; and\n(b) the person has breached the agreement; and\n(c) because of the breach, either—\n(i) the person owes the lessor an amount that is more than the\nrental bond for the agreement; or\n(ii) a court or the ACAT has made an order terminating the\n(d) the personal information—\n(i) relates only to the breach; and\n(ii) is accurate, complete and unambiguous.\n(2) Without limiting subsection (1) (d) (ii), the personal information must\nindicate the nature of the breach.\nExample—indication of nature of breach\nPersonal information in a residential tenancy database indicates the nature of the\nbreach if it includes a reference to the following:\n• ‘rent arrears’—for a person who has breached a residential tenancy agreement\nby failing to pay rent; or\n• ‘damage to premises’—for a person who has breached a residential tenancy\nagreement by damaging the premises.\n\n","sortOrder":163},{"sectionNumber":"92","sectionType":"section","heading":"Further restriction on listing","content":"92 Further restriction on listing\n(1) A lessor, lessor’s agent or database operator must not list personal\ninformation about a person in a residential tenancy database unless\nthe lessor, agent or operator—\n(a) has, without charging a fee—\n(i) given the person a copy of the personal information; or\n(ii) taken other reasonable steps to disclose the personal\ninformation to the person; and\n(b) has given the person at least 14 days to review the personal\ninformation and make submissions—\n(i) objecting to its entry into the database; or\n(ii) about its accuracy, completeness and clarity; and\n(c) has considered any submissions made.\n(2) Subsection (1) does not apply if the lessor, lessor’s agent or database\noperator cannot locate the person after making reasonable enquiries.\n(3) Subsection (1) (b) and (c) do not apply—\n(a) to information that, at the time of listing, is contained in publicly\navailable court or tribunal records; or\n(b) to a listing involving only an amendment of personal\ninformation under section 93.\n","sortOrder":164},{"sectionNumber":"93","sectionType":"section","heading":"Ensuring quality of listing—lessor’s or agent’s obligation","content":"93 Ensuring quality of listing—lessor’s or agent’s obligation\n(1) This section applies if a lessor, or lessor’s agent, who lists personal\ninformation in a residential tenancy database becomes aware that the\ninformation is inaccurate, incomplete, ambiguous or out of date.\n\n(2) The lessor, or lessor’s agent, must, within 7 days, give written notice\nof the following to the database operator:\n(a) if the information is inaccurate, incomplete, or ambiguous—\n(i) that the information is inaccurate, incomplete, or\nambiguous; and\n(ii) how the information must be amended so that it is no\nlonger inaccurate, incomplete, or ambiguous;\n(b) if the information is out of date—that the information is out of\ndate and must be removed.\nExample—par (a)\nDarren owes his landlord Tabitha an amount that is more than the rental bond\npaid under the residential tenancy agreement. Tabitha lists the unpaid amount\nin a residential tenancy database. Darren pays Tabitha the amount owed\nmore than 3 months after it was due to be paid. Within 7 days of becoming\naware of the payment, Tabitha must give the database operator written notice\nof—\n• the personal information being inaccurate; and\n• the details of the payment to be included in the personal information so\nthat it is no longer inaccurate.\n(3) The lessor, or lessor’s agent, must keep a copy of the notice for 1 year\nafter it is given.\n","sortOrder":165},{"sectionNumber":"94","sectionType":"section","heading":"Ensuring quality of listing—database operator’s","content":"94 Ensuring quality of listing—database operator’s\nobligation\n(1) This section applies if a lessor, or lessor’s agent, who has listed\npersonal information in a residential tenancy database gives the\ndatabase operator a written notice stating that the personal\ninformation must be—\n(a) amended in a stated way to make it accurate, complete and\nunambiguous; or\n(b) removed.\n\n(2) The database operator must amend the personal information in the\nstated way, or remove the personal information, within 14 days after\nthe operator is given the notice.\n","sortOrder":166},{"sectionNumber":"95","sectionType":"section","heading":"Providing copy of personal information listed","content":"95 Providing copy of personal information listed\n(1) A lessor, or lessor’s agent, who lists personal information about a\nperson in a residential tenancy database must give the person a copy\nof the information if—\n(a) the person asks for the information in writing; and\n(b) if the lessor, or lessor’s agent, charges a fee for giving the\ninformation—the fee has been paid.\n(2) A database operator who keeps personal information about a person\nin a residential tenancy database must give the person a copy of the\ninformation if—\n(a) the person asks for the information in writing; and\n(b) if the operator charges a fee for giving the information—the fee\nhas been paid.\n(3) A lessor, lessor’s agent or database operator who is required to give\npersonal information under this section must give the information to\nthe person within 14 days after the later of—\n(a) the day the person asks for the information in writing; and\n(b) if a fee is charged for giving the information—the day the fee is\npaid.\n(4) A fee charged by a lessor, lessor’s agent or database operator for\ngiving personal information under this section—\n(a) must not be excessive; and\n(b) must not apply to lodging a request for the information.\n\n","sortOrder":167},{"sectionNumber":"96","sectionType":"section","heading":"Notifying relevant non-parties of tribunal order about","content":"96 Notifying relevant non-parties of tribunal order about\nlisting\n(a) the ACAT makes an order that a person must, in relation to a\nresidential tenancy database—\n(i) amend personal information in a stated way; or\n(ii) remove all or some personal information about a person;\nand\n(b) the person against whom that order is made (the relevant\nperson) is not a party to the proceeding.\n(2) The ACAT must give a copy of the order to the relevant person,\nwithin 14 days after the day the order is made.\n","sortOrder":168},{"sectionNumber":"97","sectionType":"section","heading":"Keeping personal information listed","content":"97 Keeping personal information listed\n(1) A database operator must not keep personal information about a\nperson in the operator’s residential tenancy database for longer\nthan—\n(a) 3 years; or\n(b) if, under the Territory privacy principles or Australian Privacy\nPrinciples, the database operator is required to remove the\ninformation before the end of the 3-year period mentioned in\nparagraph (a)—the period ending when the information must be\nremoved under the Territory privacy principles or Australian\nPrivacy Principles.\n(2) However, a database operator may keep a person’s name in the\noperator’s residential tenancy database for longer than the periods\nstated in subsection (1) if—\n(a) other personal information about the person in the database is\nattached to the person’s name; and\n\n(b) the other personal information is not required to be removed\nunder subsection (1) or another law.\nLarry Tate is listed in a residential tenancy database in relation to two breaches of\nresidential tenancy agreements. The first breach occurred 3 years ago. The second\nbreach occurred 2 years ago. The database operator is required under s 97 (1) to\nremove the reference to the first breach from the database. Larry may still be listed\nin the database because the second breach occurred 2 years ago.\n(3) This section does not limit the operation of another provision in this\npart or another law that requires the removal of personal information.\nAustralian Privacy Principles means the principles stated in the\nPrivacy Act 1988 (Cwlth), schedule 1.\nTerritory privacy principles means the principles stated in the\nInformation Privacy Act 2014, schedule 1.\n","sortOrder":169},{"sectionNumber":"98","sectionType":"section","heading":"Application to ACAT about contravention","content":"98 Application to ACAT about contravention\n(1) A person who claims that personal information about the person has\nbeen listed in a residential tenancy database in contravention of this\npart may apply to the ACAT about the listing of the information.\n(2) The application must be made within 6 months after the day the\nperson becomes aware of the listing of the personal information in the\nresidential tenancy database.\n(3) If the ACAT decides there has been a contravention of a provision of\nthis part, it may—\n(a) order a person to take stated steps to remedy the contravention;\nor\n(b) make any other order it considers appropriate.\nNote If the ACAT makes an order under this part, it may also order\ncompensation under s 101.\n\n","sortOrder":170},{"sectionNumber":"99","sectionType":"section","heading":"Application to ACAT about certain personal information","content":"99 Application to ACAT about certain personal information\nlisted in residential tenancy database\n(1) If personal information about a person is listed in a residential tenancy\ndatabase, the person may apply to the ACAT for an order under this\nsection.\n(2) The ACAT may order a listing person to—\n(a) remove stated personal information from the database; or\n(b) amend the personal information in the database.\n(3) The ACAT may make the order only if satisfied—\n(a) the personal information is inaccurate, incomplete, ambiguous\nor out-of-date; or\n(b) the listing of the personal information is unjust in the\ncircumstances, having regard to—\n(i) the reason for the listing of the person’s personal\ninformation; and\n(ii) the person’s involvement in the acts or omissions giving\nrise to the listing of the personal information; and\n(iii) the adverse consequences suffered, or likely to be suffered,\nby the person because of the listing of the personal\ninformation; and\n(iv) any other relevant matter.\nExamples—par (b)\n1 Information about Endora is listed in a residential tenancy database because of\ndamage caused to premises by Endora’s domestic partner during a family\nviolence incident. Because of the listing of the information, Endora cannot\nobtain appropriate and affordable accommodation.\n2 Information about Maurice is listed in a residential tenancy database because\nrent remained unpaid by Maurice for 4 months after it was payable. During\nthat period, Maurice was in hospital recovering from a serious accident and\nunable to make arrangements for payment.\n\nlisting person means a lessor, lessor’s agent, database operator or\nsomeone else.\n","sortOrder":171},{"sectionNumber":"100","sectionType":"section","heading":"Application to ACAT about proposed listing of personal","content":"100 Application to ACAT about proposed listing of personal\ninformation\n(1) A person who is aware that a listing person intends to list personal\ninformation about the person in a residential tenancy database may\napply to the ACAT for an order under this section.\n(2) The ACAT may—\n(a) order the listing person not to list the person’s personal\ninformation in the residential tenancy database; or\n(b) order the listing person not to list the person’s personal\ninformation except with stated changes or on stated conditions;\nor\n(c) make any other order it considers appropriate.\n(3) The ACAT may make the order only if satisfied that, if the personal\ninformation were listed as proposed, the ACAT could make an order\nin relation to the personal information under section 98 or section 99.\nlisting person—see section 99.\n","sortOrder":172},{"sectionNumber":"101","sectionType":"section","heading":"Order for compensation","content":"101 Order for compensation\n(1) This section applies if the ACAT makes an order against a person\nunder this part.\n(2) The ACAT may also make an order requiring the person to pay to a\nstated person, within a stated period, an amount the ACAT considers\nappropriate as compensation for the loss or damage caused by listing\npersonal information in a residential tenancy database.\n\n(3) The amount of compensation must not be more than—\n(a) $5 000; or\n(b) if another amount is prescribed by regulation—that amount.\n\nRegistration of standard guarantee contract for commercial guarantee Part 8\n","sortOrder":173},{"sectionNumber":"Part 8","sectionType":"part","heading":"Registration of standard","content":"Part 8 Registration of standard\nguarantee contract for\ncommercial guarantee\n","sortOrder":174},{"sectionNumber":"102","sectionType":"section","heading":"Meaning of commercial guarantee and standard","content":"102 Meaning of commercial guarantee and standard\nguarantee contract\nIn this Act:\ncommercial guarantee, in relation to a residential tenancy agreement,\nmeans a contract or arrangement between the lessor, the tenant and a\nthird party—\n(a) that is in addition to or in place of a bond; and\n(b) under which the third party, for a fee, benefit or reward, gives a\nguarantee or indemnity to the lessor for the performance of the\ntenant’s obligations under the residential tenancy agreement.\nstandard guarantee contract means a form of contract for a\ncommercial guarantee.\n","sortOrder":175},{"sectionNumber":"103","sectionType":"section","heading":"Application for registration of standard guarantee","content":"103 Application for registration of standard guarantee\ncontract\n(1) A person may apply to the commissioner for fair trading, on or after\na day declared by the Minister, to register a standard guarantee\ncontract for a commercial guarantee.\n(2) The application must—\n(a) be in writing; and\n(b) include the applicant’s name, address, email address and phone\nnumber; and\n\nPart 8 Registration of standard guarantee contract for commercial guarantee\n(c) include any information prescribed by regulation.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) A declaration under subsection (1) is a notifiable instrument.\n","sortOrder":176},{"sectionNumber":"104","sectionType":"section","heading":"Commissioner must decide application","content":"104 Commissioner must decide application\n(1) Within 30 days after the day the application is received, the\ncommissioner for fair trading must—\n(a) register the standard guarantee contract; or\n(b) register the standard guarantee contract subject to conditions; or\n(c) refuse to register the standard guarantee contract.\nNote Failure to decide the application within the required time is taken to be a\ndecision not to register the applicant (see ACT Civil and Administrative\nTribunal Act 2008, s 12).\n(2) Before making a decision under subsection (1), the commissioner\nmay ask an applicant to give the commissioner, within a stated time,\ninformation about the applicant or about the standard guarantee\ncontract, that the commissioner reasonably needs to decide the\napplication.\n(3) If the applicant does not give the commissioner the information\nrequested under subsection (2), the commissioner may refuse to\nregister the standard guarantee contract.\n(4) If the commissioner refuses to register the standard guarantee\ncontract, or registers the standard guarantee contract subject to\nconditions, the applicant may apply to the ACAT for a review of the\ndecision.\nNote The commissioner for fair trading must take reasonable steps to give a\nreviewable decision notice to any person whose interests are affected by\nthe decision (see ACT Civil and Administrative Tribunal Act 2008,\ns 67A).\n\nRegistration of standard guarantee contract for commercial guarantee Part 8\n","sortOrder":177},{"sectionNumber":"105","sectionType":"section","heading":"Register of standard guarantee contracts","content":"105 Register of standard guarantee contracts\n(1) The commissioner for fair trading must keep a register of standard\nguarantee contracts.\n(2) The register must include—\n(a) the business name and the trading name of the person who has\nregistered a standard guarantee contract; and\n(b) any information prescribed by regulation.\n(3) The register may include any other information the commissioner for\nfair trading believes will improve consumer protection.\n(4) The register may be kept in any form, including electronically, that\nthe commissioner decides.\n(5) The commissioner must make the register available to the public.\nNote The Territory privacy principles (the TPPs) apply to the commissioner\nfor fair trading (see Information Privacy Act 2014, sch 1). The TPPs deal\nwith the collection, storage and exchange of personal information.\n","sortOrder":178},{"sectionNumber":"106","sectionType":"section","heading":"Relationship to Australian Consumer Law (ACT)","content":"106 Relationship to Australian Consumer Law (ACT)\nThis part and section 16 (3) do not affect the operation of the\nAustralian Consumer Law (ACT).\n\n","sortOrder":179},{"sectionNumber":"126","sectionType":"section","heading":"Declared crisis accommodation provider","content":"126 Declared crisis accommodation provider\n(1) The Minister may declare an entity to be a crisis accommodation\nprovider in relation to stated accommodation (crisis\naccommodation).\n(2) However, the Minister must not make the declaration in relation to\naccommodation unless satisfied that the entity—\n(a) provides, or intends to provide, the accommodation as\nemergency accommodation for people in crisis; and\n(b) provides, or intends to provide, information to people\naccommodated in the accommodation, whether on or before\ntermination, about alternative accommodation and, if\nappropriate, other services.\n(3) A declaration is a notifiable instrument.\n","sortOrder":180},{"sectionNumber":"127","sectionType":"section","heading":"Death of co-tenant","content":"127 Death of co-tenant\nIf 1 of 2 or more co-tenants under a residential tenancy agreement\ndies, the agreement continues to operate—\n(a) with the remaining co-tenant as the sole tenant; or\n(b) if there are 2 or more remaining co-tenants—with the remaining\nco-tenants.\n","sortOrder":181},{"sectionNumber":"127A","sectionType":"section","heading":"Transfer of public housing under will","content":"127A Transfer of public housing under will\n(1) A public housing tenancy agreement may provide that the tenant must\nnot give the tenant’s rights under the agreement by will to another\nperson who is not an occupant of the premises.\n(2) If a person takes possession of public housing premises under a will,\nthe housing commissioner may apply to the ACAT to adjust the rent,\nor terminate the agreement.\n\nMiscellaneous Part 9\n(3) In considering an application under subsection (2), the ACAT must\nhave regard to the eligibility criteria under relevant approved housing\nassistance programs under the Housing Assistance Act 2007.\n","sortOrder":182},{"sectionNumber":"128","sectionType":"section","heading":"Purported co-tenancy, assignment or subletting","content":"128 Purported co-tenancy, assignment or subletting\n(1) This section applies if, in contravention of this Act, a tenant under a\nresidential tenancy agreement for premises purports to—\n(a) consent to a person becoming a co-tenant under the agreement;\nor\n(b) assign the tenant’s interest under the agreement; or\n(c) sublet the premises.\n(2) The purported co-tenancy, assignment or subletting is unenforceable\nand the person living in premises under the purported co-tenancy,\nassignment or subletting, does so as a licensee only.\n(3) Subsection (2) does not apply to a co-tenancy, assignment or\nsubletting of premises in accordance with a term of the residential\ntenancy agreement endorsed by the ACAT.\n","sortOrder":183},{"sectionNumber":"131","sectionType":"section","heading":"Proceedings by children","content":"131 Proceedings by children\n(1) A proceeding under this Act may be started by a child as if the child\nwere an adult.\n(2) The rules in force under the Court Procedures Act 2004 that apply in\nrelation to the approval of settlements and compromises, and amounts\nordered or agreed to be paid, in a civil proceeding brought in the\nMagistrates Court by a child apply in relation to a proceeding brought\nunder this Act by a child.\n(3) The rules mentioned in subsection (2) apply as if all necessary\nchanges, and any changes prescribed by regulation, were made.\n\n","sortOrder":184},{"sectionNumber":"132","sectionType":"section","heading":"Enforcing agreements by or against children","content":"132 Enforcing agreements by or against children\nA party to a residential tenancy agreement is not prevented from\nenforcing the agreement against another party only because either\nparty is a child.\n","sortOrder":185},{"sectionNumber":"133","sectionType":"section","heading":"Approved forms—Minister","content":"133 Approved forms—Minister\n(1) The Minister may approve forms for this Act (other than in relation\nto proceedings before the ACAT).\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":186},{"sectionNumber":"134","sectionType":"section","heading":"Determination of fees","content":"134 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":187},{"sectionNumber":"136","sectionType":"section","heading":"Regulation-making power","content":"136 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) the keeping of records;\n(b) tenancy databases;\n(c) commercial guarantees, including the following:\n(i) grounds for registering, applying a condition to, or refusing\nto register a standard guarantee contract;\n(ii) a matter that must be included in, or excluded from, a\ncommercial guarantee;\n(iii) requirements in relation to reporting on, record keeping for\nand the administration of commercial guarantees;\n\nMiscellaneous Part 9\n(iv) if a person has registered a standard guarantee contract—\ninformation that the person must give to another person\nbefore entering into a commercial guarantee with the other\nperson;\n(v) amending, renewing, ending or suspending the registration\nof a standard guarantee contract.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n\nSchedule 1 Standard residential tenancy\nterms\n(see s 8)\nLessor and tenant must comply with terms of tenancy agreement\n1 (1) This tenancy agreement is made under the Residential Tenancies\nAct 1997 (the Residential Tenancies Act).\n(2) The lessor and the tenant may agree to add additional clauses to\nthe tenancy agreement but they must not be inconsistent with, or\nmodify, existing clauses (except if permitted by the Act).\n2 By signing this tenancy agreement, the lessor and the tenant\nagree to be bound by its terms during the period of the tenancy\nit creates.\n3 A party to this tenancy agreement cannot contract out of it or out\nof the provisions of the Residential Tenancies Act, except as\nprovided in that Act.\n4 A fixed term tenancy must be for the single period specified in\nthe tenancy agreement.\n5 A periodic tenancy includes a tenancy that is not specified to be\nfor a fixed term, including such a tenancy which commences on\nthe expiration of a fixed term tenancy.\n6 A reference in this tenancy agreement to a notice to vacate and a\nnotice of intention to vacate is taken to be a reference to a\ntermination notice under the Residential Tenancies Act.\nCosts and procedures for establishing tenancy agreement\n7 The lessor bears the cost of preparation and execution of this\n\n8 The tenant is responsible for any legal costs that the tenant incurs\nin relation to preparation and execution of this tenancy\n9 The lessor must give a copy of the proposed tenancy agreement\nto the tenant before the commencement of the tenancy.\n10 The tenancy agreement must be signed by the tenant and by the\nlessor (or by their authorised agents).\n11 The lessor must give a copy of the tenancy agreement, signed by\neach party, to the tenant as soon as possible after it has been\nsigned by each party, but no later than 3 weeks after the tenant\nhas returned a signed copy.\n12 If the lessor does not return the tenancy agreement to the tenant,\nas provided by clause 11, the tenancy agreement has full effect\nin the terms signed by the tenant on occupation of the premises\nor acceptance of rent.\nInformation\n13 (1) The lessor must provide to the tenant a copy of an information\nbooklet about residential tenancies authorised by the\ndirector-general before the commencement of this agreement.\n(2) If it is not possible to provide the tenant with a booklet, the lessor\nmust inform the tenant of the booklet and where it may be\nobtained.\n(3) If the premises are a unit within the meaning of the Unit Titles\nAct 2001, the lessor must give the tenant a copy of the owners\ncorporation’s rules before the commencement of this agreement.\n\nBond and condition report\nMaximum bond\n14 Payment of a bond is not necessary unless required by the lessor.\n15 Only 1 bond is payable for the tenancy created by this tenancy\n16 The amount of the bond must not exceed the amount of 4 weeks\nrent.\nLodgment of the bond with the Office of Rental Bonds\n17 If the lessor requires a bond, the bond must be lodged with the\nOffice of Rental Bonds.\n18 Either party may lodge the bond with the Office of Rental Bonds.\nIf the lessor and tenant agree that the tenant is to lodge the bond\n19 If the parties agree that the tenant is to lodge the bond, the\nfollowing applies:\n(a) the tenant, or the lessor on the tenant’s behalf, must\ncomplete the bond lodgment form provided by the Office\nof Rental Bonds and lodge the form with the Office;\n(b) the tenant must lodge the bond with the Office of Rental\nBonds in the way permitted by the Office;\n(c) the lessor may require lodgment of the bond before the\nlessor gives possession of the premises to the tenant and if\nthis is the case, the tenant must be able to take possession\nof the premises and receive the keys to the premises as soon\nas the tenant provides the lessor with evidence of lodgment\nof the bond or the Office of Rental Bonds notifies the lessor\nthat the bond was received by the Office.\n\nIf the lessor is to lodge the bond\n20 If the lessor is to lodge the bond, the following applies:\n(a) on receiving the bond, the lessor must give the tenant a\nreceipt for the bond;\n(b) the lessor must complete the bond lodgment form provided\nby the Office of Rental Bonds and lodge the form with the\nOffice;\nNote Under the Electronic Transactions Act 2001, s 8 (1),\ninformation required to be in writing may be given\nelectronically in certain circumstances.\n(c) the lessor must lodge the bond with the Office of Rental\nBonds in the way permitted by the Office within—\n(i) the later of 2 weeks after receiving the bond and the\ncommencement of the tenancy; or\n(ii) if the lessor’s real estate agent lodges the bond—the\nlater of 4 weeks after receiving the bond and the\ncommencement of the tenancy.\nCondition Report\n21 (1) Within 1 day of the tenant taking possession of the premises, the\nlessor must give the tenant—\n(a) 2 paper copies of a condition report completed by the\nlessor; or\n(b) if the tenant agrees—1 electronic copy of a condition report\ncompleted by the lessor, in a form that can be electronically\nedited by the tenant.\n(2) The condition report must be on, or to the effect of, the condition\nreport form published by the Territory.\n\n22 (1) The tenant must examine the report and indicate on the report\nthe tenant’s agreement or disagreement with the items.\n(2) Within 2 weeks after the day the tenant receives the report, the\ntenant must return 1 copy of the report to the lessor, signed by\nthe tenant and indicating the tenant’s agreement or disagreement\nwith the report or parts of the report.\n","sortOrder":188},{"sectionNumber":"22A","sectionType":"section","heading":"However, for a consecutive tenancy agreement, the lessor and","content":"22A However, for a consecutive tenancy agreement, the lessor and\ntenant need not comply with clause 21 and clause 22 if an\noriginal condition report or subsequent condition report exists\nfor the premises (the meanings of consecutive tenancy\nagreement, original condition report and subsequent condition\nreport are set out in the Residential Tenancies Act).\n23 (1) The lessor must keep the condition report for a period of not less\nthan 12 months after the end of the tenancy.\n(2) However, if a condition report is not completed because of\nclause 22A, the lessor must keep the original condition report,\nand any subsequent condition report, for a period of not less than\n12 months after the end of the consecutive tenancy agreement.\nEnd of tenancy—inspection and condition report\n23A (1) At the end of the tenancy, an inspection of the premises must be\ncarried out in the presence of the lessor and tenant.\n(2) A condition report based on the inspection must be completed in\nthe presence of, and signed by, the lessor and tenant.\n(3) A party may complete and sign a condition report in the absence\nof the other party if the party has given the other party a\nreasonable opportunity to be present when the report is\ncompleted and signed.\n\n(4) However, for a consecutive tenancy agreement, the lessor and\ntenant need not comply with subclauses (1) to (3) if an original\ncondition report or subsequent condition report exists for the\npremises (the meanings of consecutive tenancy agreement,\noriginal condition report and subsequent condition report are set\nRent and other charges\nRent and bond only as payment for the tenancy\n24 The lessor must not require any payment other than rent or bond\nfor the following:\n(a) the granting, extension, transfer or renewal of a tenancy or\nsubtenancy;\n(aa) consenting to—\n(i) a person becoming a co-tenant; or\n(ii) a co-tenant stopping being a party to the tenancy\n(b) vacating of premises;\n(c) obtaining a key to the premises;\n(d) information on the availability of tenancies.\nHolding deposits\n25 The Residential Tenancies Act prohibits the taking of holding\ndeposits.\nPayment of rent\n26 (1) The tenant must pay the rent on time.\n(2) The tenant must not use the bond money to pay the rent for the\nlast weeks of the tenancy.\n\n(3) The tenant and the lessor may agree to change the way rent is\npaid (including, for example, where the rent is paid or whether\nit is to be paid into a nominated bank account or whether it is to\nbe paid in person).\n(4) The tenant and lessor may agree that rent is to be paid\nelectronically.\n27 The lessor must not require the tenant to pay rent by postdated\ncheque.\nMaximum rent in advance\n28 The lessor must not require an amount of rent paid in advance\ngreater than 2 weeks or a longer period nominated by the tenant.\nRent receipts\n29 If rent is paid in person to the lessor or a real estate agent, a\nreceipt must be given at that time.\n30 In other circumstances where rent is paid to the lessor, a receipt\nmust be provided or sent by post within 1 week of its receipt.\n31 (1) A receipt for payment of rent must specify the amount paid.\n(2) A receipt should specify the following:\n(a) the date of payment;\n(b) the period in relation to which the payment is made;\n(c) the premises in relation to which the payment is made;\n(d) whether the payment is for bond or rent.\n(3) If these particulars are not included in the receipt, the lessor must\nprovide this information to the tenant within 4 weeks of a request\nby the tenant.\n32 A receipt is not required if the rent is paid by the tenant directly\ninto an account nominated by the lessor or real estate agent.\n\nRent records\n33 (1) The lessor must keep, or cause to be kept, records of the payment\nof rent.\n(2) Those records must be retained for a period of not less than\n12 months after the end of the tenancy.\nIncrease in rent\n34 (1) The amount of rent under a residential tenancy agreement must\nnot vary from period to period, except as provided by the\nResidential Tenancies Act.\n(2) Also, the amount of rent under a proposed or existing\nconsecutive tenancy agreement must not vary from the amount\nof rent under a terminating or terminated residential tenancy\nagreement, except as provided by the Residential Tenancies Act\n(the meaning of consecutive tenancy agreement is set out in the\n35 (1) The rent must not be increased at intervals of less than 12 months\nfrom either the beginning of the tenancy agreement for the first\nincrease, or after that, from the date the last increase took effect.\n(2) However, for a consecutive tenancy agreement, the rent must not\nbe increased at intervals of less than 12 months from the date the\nlast increase took effect, whether under the consecutive tenancy\nagreement or a terminated residential tenancy agreement (the\nmeaning of consecutive tenancy agreement is set out in the\n36 (1) This clause applies if the housing commissioner—\n(a) is the lessor under this tenancy agreement; and\n(b) has decided to increase the rent after a review of rent under\nthe Housing Assistance Act 2007, section 23.\n\n(2) Despite clause 35, the housing commissioner may increase the\nrent.\n(3) However, if a previous review of rent has been undertaken, the\nincrease under subclause (2) must not take effect earlier than\n12 months after the date the last rent increase for the premises\ntook effect.\n37 The restrictions on the amount and frequency of rental rate\nincreases apply provided the identity of at least 1 of the tenants\nwho occupy the premises remains the same as at the time of the\nlast increase (the meaning of rental rate increase is set out in the\nReview of excessive rent increases\n38 (1) The lessor must give the tenant 8 weeks written notice of an\nintended:\n(a) increase in the rent under a residential tenancy agreement\n(including an existing consecutive tenancy agreement); or\n(b) increase in the rent that will take effect under a proposed\nconsecutive tenancy agreement.\n(2) The notice to the tenant must include the date when the increase\nis proposed to take effect, the amount of the proposed increase,\nwhether the amount of the increase is more than the prescribed\namount, and that the tribunal’s prior approval must be obtained\nfor an increase that is more than the prescribed amount if the\ntenant does not agree to the increase.\n39 (1) The tenant may apply in writing to the tribunal for review of an\nexcessive increase in rent (time limits for applying and the\nmeaning of excessive is set out in the Residential Tenancies\nAct).\n(2) On such application being made, no increase in rent is payable\nuntil so ordered by the tribunal.\n\n40 If the tenant remains in occupation of the premises without\napplying to the tribunal for review, the increase in rent takes\neffect from the date specified in the notice.\n41 (1) If the tenant wishes to vacate the premises before the increase\ntakes effect, the tenant must give 3 weeks notice to the lessor.\n(2) However, for an increase in the rent that will take effect under a\nproposed consecutive tenancy agreement, the tenant may\nterminate the existing tenancy under clause 88 (for a periodic\ntenancy) or clause 89 (for a fixed term tenancy).\nLessor’s costs\n","sortOrder":189},{"sectionNumber":"42","sectionType":"section","heading":"The lessor is responsible for the cost of the following:","content":"42 The lessor is responsible for the cost of the following:\n(a) rates and taxes relating to the premises;\n(b) services for which the lessor agrees to be responsible;\n(c) services for which there is not a separate metering device\nso that amounts consumed during the period of the tenancy\ncannot be accurately decided;\n(d) all services up to the time of measurement or reading at the\nbeginning of the tenancy;\n(e) all services after reading or measurement at the end of the\ntenancy providing the tenant has not made any use of the\nservice after the reading.\n43 (1) The lessor must pay for any physical installation of services (eg\nwater, electricity, gas, telephone line).\n(2) The tenant is responsible for the connection of all services that\nwill be supplied in the tenant’s name.\n44 The lessor must pay the annual supply charge associated with the\nsupply of water or sewerage.\n\n45 If the premises are a unit under the Unit Titles Act 2001, the\nlessor is responsible for all owners corporation charges.\nTenant’s costs\n46 The tenant is responsible for all charges associated with the\nconsumption of services supplied to the premises, including\nelectricity, gas, water and telephone.\n47 The tenant is not required by the lessor to connect or continue a\ntelephone service.\nReading of metered services\n48 (1) The lessor is responsible for undertaking or arranging all\nreadings or measurement of services, other than those that are\nconnected in the name of the tenant.\n(2) The lessor must provide the tenant with an opportunity to verify\nreadings and measurements.\n49 If the lessor does not arrange reading or measurement of a\nservice connected in the name of the lessor by the day after the\ndate of expiry of notice to vacate given in accordance with this\ntenancy agreement or the Residential Tenancies Act, the lessor\nis be responsible for payment of the unread or unmeasured\nservice after the date of the last reading or measurement.\n50 (1) If the tenant vacates the premises without giving notice before\ndeparture, the lessor must arrange a reading or measurement of\nservices connected in the lessor’s name within a reasonable time\nof the lessor becoming aware of the departure of the tenant.\n(2) The tenant is responsible for payment of services to the date of\nthat reading or measurement.\nTenant’s use of the premises without interference\n51 The lessor guarantees that there is no legal impediment to the use\nof the premises for residential purposes by the tenant.\n\n52 The lessor must not cause or permit any interference with the\nreasonable peace, comfort or privacy of the tenant in the use by\nthe tenant of the premises.\n53 Unless otherwise agreed in writing, the tenant has exclusive\npossession of the premises, as described in the agreement, from\nthe date of commencement of the tenancy agreement provided\nfor in the agreement.\nLessor to install and maintain smoke alarms\nLessor to install and maintain smoke alarms\n53A (1) The lessor must install and maintain smoke alarms in the\n(2) The installation of the smoke alarms must comply with the\nrequirements prescribed by regulation for the Residential\nTenancies Act, section 11B.\nLessor to make repairs\nLessor to provide premises in a reasonable state at the start of the\ntenancy\n54 (1) At the start of the tenancy, the lessor must ensure that the\npremises, including furniture, fittings and appliances (unless\nexcluded from the tenancy agreement), are—\n(a) fit for habitation; and\n(b) reasonably clean; and\n(c) in a reasonable state of repair; and\n(d) reasonably secure.\n(2) An exclusion must be in writing and may, but need not, be\nincluded in the tenancy agreement (if in writing).\n\n(3) The lessor or the tenant may change locks (at their own cost\nunless otherwise agreed) with the agreement of the other party\n(which will not be unreasonably withheld).\n(4) The lessor or the tenant may change locks (at their own cost) in\nan emergency without the agreement of the other party.\n(5) If the tenant, or a person living at the premises, is a protected\nperson in relation to an interim or final order made under the\nFamily Violence Act 2016 or the Personal Violence Act 2016,\nthe tenant or person may change locks (at their own cost)\nwithout the agreement of the other party.\n(6) If a lock is changed, a copy of the key to the changed lock must\nbe provided to the other party as soon as possible unless doing\nso would affect the safety of a protected person.\nLessor to make repairs\n55 (1) The lessor must maintain the premises in a reasonable state of\nrepair having regard to their condition at the commencement of\nthe tenancy agreement.\n(2) The tenant must notify the lessor of any need for repairs.\n(3) This section does not require the tenant to notify the lessor about\nanything that an ordinary tenant would reasonably be expected\nto do, for example, changing a light globe or a fuse.\n56 The lessor is not obliged to repair damage caused by the\nnegligence or wilful act of the tenant.\n57 Subject to clause 55, the lessor must make repairs, other than\nurgent repairs, within 4 weeks of being notified of the need for\nthe repairs (unless otherwise agreed).\n\nRepairs in unit title premises\n58 If the premises are a unit under the Unit Titles Act 2001, and the\ntenant’s use and enjoyment of the premises reasonably requires\nrepairs to the common property, the lessor must take all steps\nnecessary to require the owners corporation to make the repairs\nas quickly as possible.\nUrgent repairs\n59 The tenant must notify the lessor (or the lessor’s nominee) of the\nneed for urgent repairs as soon as practicable, and the lessor\nmust, subject to clause 82, carry out those repairs as soon as\nnecessary, having regard to the nature of the problem.\n60 The following are urgent repairs in relation to the premises, or\nservices or fixtures supplied by the lessor:\n(a) a burst water service;\n(b) a blocked or broken lavatory system;\n(c) a serious roof leak;\n(d) a gas leak;\n(e) a dangerous electrical fault;\n(f) flooding or serious flood damage;\n(g) serious storm or fire damage;\n(h) a failure of gas, electricity or water supply to the premises;\n(i) the failure of a refrigerator supplied with the premises;\n(j) a failure or breakdown of any service on the premises\nessential for hot water, cooking, heating, cooling or\nlaundering;\n(k) a fault or damage that causes the residential premises to be\nunsafe or insecure;\n\n(l) a fault or damage likely to cause injury to person or\nproperty;\n(m) a serious fault in any door, staircase, lift or other common\narea that inhibits or unduly inconveniences the tenant in\ngaining access to and use of the premises.\nTenant may authorise urgent repairs in certain circumstances\n61 If the lessor (or the lessor’s nominee) cannot be contacted, or\nfails to effect the urgent repairs within a reasonable time, the\ntenant may arrange for urgent repairs to be effected to a\nmaximum value of up to 5% of the rent of the property over a\nyear.\n62 The following procedures apply to urgent repairs arranged by the\ntenant:\n(a) the repairs arranged by the tenant must be made by the\nqualified tradesperson nominated by the lessor in the\ntenancy agreement;\n(b) if the lessor has not nominated a tradesperson, or the\nnominated tradesperson cannot be contacted or is\notherwise unavailable—the repairs must be performed by\na qualified tradesperson of the tenant’s choosing;\n(c) if the repairs are arranged by the tenant in accordance with\nthese procedures—the lessor is liable for the cost of repairs\nand the tradesperson may bill the lessor direct;\n(d) if the tenant does not act in strict compliance with this\nclause—the tenant is personally liable for the cost of any\nurgent repairs arranged by the tenant.\n\nPremises must comply with minimum housing standards\n","sortOrder":190},{"sectionNumber":"62A","sectionType":"section","heading":"The lessor must ensure the premises comply with the minimum","content":"62A The lessor must ensure the premises comply with the minimum\nhousing standards applying to the premises.\nNote A regulation may prescribe minimum housing standards for\npremises, including in relation to physical accessibility, energy\nefficiency, safety and security, sanitation or amenity (see Residential\nTenancies Act, s 19A (1)).\nTenant to look after the premises\nThe tenant must take reasonable care of the premises and keep the\npremises reasonably clean\n63 During the tenancy, the tenant must—\n(a) not intentionally or negligently damage the premises or\npermit such damage; and\n(b) notify the lessor of any damage as soon as possible; and\n(c) take reasonable care of the premises and their contents, and\nkeep them reasonably clean, having regard to their\ncondition at the time of the commencement of the tenancy\nand the normal incidents of living.\n","sortOrder":191},{"sectionNumber":"63A","sectionType":"section","heading":"The tenant must replace the battery in a smoke alarm installed in","content":"63A The tenant must replace the battery in a smoke alarm installed in\nthe premises whenever necessary.\n64 The tenant must leave the premises—\n(a) in substantially the same state of cleanliness, removing all\nthe tenant’s belongings and any other goods brought onto\nthe premises during the duration of the tenancy agreement;\nand\n(b) in substantially the same condition as the premises were in\nat the commencement of the tenancy agreement, fair wear\nand tear excepted.\n\n65 The lessor must not require the tenant to make alterations,\nimprovements or renovations to the premises.\nTenant of unit to comply with owners corporation’s rules\n66 (1) If the premises are a unit under the Unit Titles Act 2001—\n(a) the tenant must comply with the owners corporation’s rules\nand with any notice served in accordance with the rules;\nbut\n(b) need not comply with the rules to the extent that they are\ninconsistent with the standard residential tenancy terms in\nthis agreement.\n(2) However, if the owners corporation’s rules include a rule about\nkeeping animals in the unit, the tenant must comply with the\nrule.\nTenant must make no alterations and must not add any fixtures or\nfittings without the consent of lessor\n67 (1) The tenant must not, without the lessor’s written consent, make\nany renovation, alteration or addition to the premises (time limits\nfor the lessor to refuse consent to special modifications are set\n(2) The lessor may give consent subject to a reasonable condition,\nincluding a requirement that the tenant use a suitably qualified\ntradesperson to undertake—\n(a) the renovation, alteration, or addition; and\n(b) any restoration at the end of the tenancy.\n(3) Unless otherwise agreed, the tenant is liable for the cost of any\nrenovation, alteration or addition to the premises.\n\n(4) Unless otherwise agreed, at the end of the tenancy the tenant is\nresponsible for restoring the premises to substantially the same\ncondition as the premises were in at the commencement of the\nresidential tenancy agreement, fair wear and tear excepted.\n(5) The lessor and tenant may agree that any renovation, alteration\nor addition to the premises remains in place at the end of the\n68 (1) The tenant must not add any fixtures or fittings to the premises\nwithout the consent of the lessor.\n(2) The lessor’s consent must not be unreasonably withheld.\n(3) The tenant must make good any damage to the premises on\nremoval of any fixtures and fittings.\n(4) Any fixtures or fittings not removed by the tenant before the\ntenant leaves the premises becomes the property of the lessor.\nTenant must not use the premises for illegal purposes and must\nnot disturb the neighbours\n69 Unless otherwise agreed in writing, the tenant must only use the\npremises for residential purposes.\n70 The tenant must not:\n(a) use the premises, or permit them to be used, for an illegal\npurpose; or\nNote The tribunal must not make a termination and possession\norder for a breach of this term unless satisfied of certain\nmatters (see Residential Tenancies Act, s 48 (3) and (4)).\n(b) cause or permit nuisance; or\n(c) interfere, or permit interference, with the quiet enjoyment\nof the occupiers of nearby premises.\n71 The tenant must not leave the premises vacant for more than\n3 weeks without notifying the lessor.\n\nTenant must not sell, dispose of, or sublet tenancy without consent\nof lessor\n72 (1) The tenant must not assign or sublet the premises or any part of\nthem without the written consent of the lessor.\n(2) Consent may be given at any time.\n(3) No rights in relation to the premises may be created in any third\nparty before consent is obtained from the lessor.\nCo-tenant may leave tenancy agreement\n72A (1) A co-tenant may stop being a party to the tenancy agreement—\n(a) with the consent of the lessor and each remaining co-tenant\nunder the agreement; or\n(b) by order of the tribunal under the Residential Tenancies\nAct, section 35G (1) (a) or (d).\n(2) The co-tenant must seek the consent of the lessor and each\nremaining co-tenant—\n(a) by notice in writing; and\n(b) at least 21 days before the day the co-tenant intends to stop\nbeing a party to the tenancy agreement (time limits for the\nlessor or each remaining co-tenant to refuse consent are set\n(3) If consent is given to the co-tenant to stop being a party to the\n(a) the agreement continues between the lessor and the\nremaining co-tenants; and\n(b) the tenant’s rights and obligations under the agreement\nend.\n\nBecoming a new co-tenant to existing tenancy agreement\n72B (1) Another person may become a co-tenant under the tenancy\nagreement—\n(a) with the consent of the lessor and each other co-tenant; or\n(b) under the Residential Tenancies Act, section 35D.\n(2) An existing tenant must seek the consent of the lessor and any\nother co-tenant—\n(a) by notice in writing; and\n(b) at least 14 days before the day the person wants to become\na co-tenant (time limits for the lessor or each other\nco-tenant to refuse consent are set out in the Residential\nTenancies Act).\n(3) If the person becomes a co-tenant—\n(a) the agreement continues with the person becoming a\nco-tenant with the existing co-tenants; and\n(b) the existing co-tenants must give the person a copy of the\ncondition report for the premises not later than the day after\nthe person becomes a co-tenant.\n(4) This clause does not apply to a tenancy agreement in relation to\na social housing dwelling or crisis accommodation.\nTenant may be responsible for damage or other breach of tenancy\nagreement by visitors or guests\n73 The tenant is personally responsible for the actions or omissions\nof visitors, guests or other people on the premises if:\n(a) the action or omission would if performed by the tenant\nhave constituted a breach of this tenancy agreement; and\n(b) the person is on the premises with the permission of the\n\n74 The tenant is not personally responsible for the actions or\nomissions of a person who is on the premises:\n(a) at the request of the lessor; or\n(b) to assist the lessor perform any of the duties of the lessor\nunder this tenancy agreement (whether at the request of the\nlessor or the tenant); or\n(c) without the consent of the tenant.\nKeeping animals on premises\n74A (1) The tenant may keep an animal, or allow an animal to be kept,\non the premises.\n(2) The residential tenancy agreement may require the tenant to\nobtain the lessor’s prior written consent to keep an animal, or\nallow an animal to be kept, on the premises (time limits for the\nlessor to refuse consent are set out in the Residential Tenancies\nAct).\n","sortOrder":192},{"sectionNumber":"74B","sectionType":"section","heading":"The tenant is responsible for any repairs or additional","content":"74B The tenant is responsible for any repairs or additional\nmaintenance to the premises required as a consequence of\nkeeping an animal on the premises.\nLessor’s access to premises\nLessor cannot enter premises except as provided in tenancy\n75 (1) The lessor must not require access to the premises during the\ntenancy except as provided by the law, this tenancy agreement,\nthe Residential Tenancies Act, or an order of the tribunal.\n(2) The tenant may permit access to the premises by the lessor at any\ntime.\n(3) If requested, the lessor or the lessor’s agent must provide\nidentification to the tenant.\n\n76 The lessor must not have access to the premises—\n(a) on Sundays; or\n(b) on public holidays; or\n(c) before 8 am and after 6 pm;\nother than—\n(d) for the purpose of carrying out urgent repairs or for health\nor safety reasons in relation to the premises; or\n(e) with the consent of the tenant.\nAccess in accordance with tenancy agreement\nRoutine inspections\n77 The lessor may inspect the premises twice in each period of\n12 months following the commencement of the tenancy.\n78 In addition to the inspections provided for in the previous clause,\nthe lessor may make an inspection of the premises—\n(a) within 1 month of the commencement of the tenancy; and\n(b) in the last month of the tenancy.\n79 (1) The lessor must give the tenant 1 week written notice of an\ninspection.\n(2) The inspection must take place at a time agreed between the\nparties with reasonable regard to the work and other\ncommitments both of the tenant and of the lessor (or their\nagents).\n(3) If the parties are unable to agree on an appropriate time, the\nlessor or the tenant may apply to the tribunal for an order\npermitting access at a specified time.\n\nAccess for purchasers and new tenants\n80 The tenant must permit reasonable access to the premises during\nthe period of 3 weeks before the end of the tenancy, on the lessor\ngiving 24 hours notice, to allow inspection of the premises by\nprospective tenants.\n81 The tenant must permit reasonable access to the premises, on the\nlessor giving 48 hours notice, to allow inspection of the premises\nby prospective purchasers of the premises, but only if—\n(a) the lessor intends to sell the premises; and\n(b) the lessor has previously notified the tenant in writing of\nthe lessor’s intention to sell.\n81A (1) The tenant must not unreasonably refuse an inspection of the\npremises by a prospective purchaser.\n(2) However, a tenant is not required to agree to more than 2\ninspections a week.\n(3) The inspection must take place at a time agreed between the\nparties with reasonable regard to the work and other\ncommitments both of the tenant and of the lessor (or their\nagents).\n(4) If the parties are unable to agree on an appropriate time, the\nlessor or the tenant may apply to the tribunal for an order\npermitting access at a stated time.\nAccess for making or inspecting repairs or complying with\nminimum housing standards\n82 (1) On giving the tenant 1 week’s notice (or such other agreed\nperiod), the lessor may enter the premises at a reasonable time,\ntaking into account the interests of the tenant and the lessor, for\nthe purpose of—\n(a) making or inspecting repairs; or\n\n(b) inspecting the premises to ensure the premises comply with\nthe minimum housing standards; or\n(c) undertaking work, or inspecting work undertaken, to\nensure the premises comply with the minimum housing\nstandards.\n(1A) However, the lessor must only enter premises for the purpose of\nan inspection, making repairs or undertaking work (the activity)\nif, taking into account the nature of the activity, it is reasonable\nand necessary to do so.\n(2) For urgent repairs, the lessor must give reasonable notice and\nenter the premises at a reasonable time having regard to the\ninterests of the tenant and the lessor.\nNotice to vacate by lessor\n83 A notice to vacate must be in writing, in the form required by the\nResidential Tenancies Act, and must include the following\ninformation:\n(a) the address of the premises;\n(b) the ground(s) on which the notice is issued, together with\nsufficient particulars to identify the circumstances giving\nrise to the ground(s);\n(c) that the lessor requires the tenant to vacate the premises by\nthe expiry of the required notice period and that the tenancy\nends on the day that the tenant vacates the premises.\nNotice of intention to vacate by tenant\n84 (1) If the tenant serves a notice of intention to vacate and vacates the\npremises on or before the date stated in the notice, the tenancy\nterminates on the date stated in the notice.\n\n(2) On receiving a notice of intention to vacate, the lessor may—\n(a) accept the notice and accept that the tenancy ends on the\ndate stated in the notice; or\n(b) apply to the tribunal for confirmation of the tenancy\nagreement, an order for compensation or both.\n85 (1) The notice of intention to vacate must be in writing, in the form\nrequired by the Residential Tenancies Act, and must include the\n(a) the address of the premises;\n(b) the ground(s) on which the notice is issued, together with\nsufficient particulars to identify the circumstances giving\nrise to the ground(s);\n(c) the date the tenant intends to terminate the tenancy.\n(2) If the tenant vacates the premises on or before the date stated in\nthe notice, the tenancy terminates on the date stated in the notice.\n(3) However, if the tenant does not vacate the premises on or before\nthe date stated in the notice—\n(b) the tenancy continues.\nTermination where premises are not fit for habitation\n86 (1) The lessor or the tenant may, by written notice, terminate the\ntenancy on a date specified in the notice on the following\ngrounds:\n(a) the premises are not fit for habitation;\n(b) the premises are not available or will not be available\nbecause of Government action within a period of 4 weeks\nof the date that notice is given.\n\n(2) However, a lessor or tenant must not terminate the tenancy under\nsubclause (1) only because the lessor has failed to comply with\nthe minimum housing standards applying to the premises.\nNote A tenant may apply to the tribunal to terminate the tenancy if the\nlessor fails to comply with the minimum housing standards (see\nResidential Tenancies Act, s 46AA).\n87 (1) In either case the lessor must give not less than 1 week’s notice\nof termination of the tenancy, and the rent abates from the date\nthat the premises are uninhabitable.\n(2) The tenant may give 2 days notice of termination of the tenancy.\n(3) If neither the lessor nor the tenant give notice of termination of\nthe tenancy, the rent abates for the period that the premises are\nunable to be used for habitation, but the tenancy resumes when\nthey are able to be used again.\nTermination of tenancy by tenant\nTermination on or after end of fixed term\n88 (1) The tenant may give notice to terminate a periodic tenancy by\ngiving the lessor not less than 3 weeks notice of the date when\nthe tenant intends to vacate the premises.\n(2) The tenancy ends on the date specified by the tenant.\n89 (1) The tenant may give notice to terminate a fixed term tenancy at\nor after the end of the tenancy by giving 3 weeks notice of the\ndate when the tenant intends to vacate the premises.\n(2) The tenancy ends on the date specified by the tenant.\n\nTermination before end of fixed term—fee for breaking lease\n89A (1) If a tenant ends a fixed term agreement before the end of the\nfixed term (other than for a reason provided for by the\nResidential Tenancies Act or the agreement), the lessor may\nrequire the tenant to pay a fee (a break fee) of the following\namount:\n(a) if the fixed term is 3 years or less—\n(i) if less than half of the fixed term has expired—\n6 weeks rent; or\n(ii) in any other case—4 weeks rent;\n(b) if the fixed term is more than 3 years—the amount agreed\nbetween the lessor and tenant.\n(2) If the lessor requires the tenant to pay the break fee, the lessor\nagrees to take reasonable steps to find a new tenant for the\n(3) The lessor agrees that the compensation payable by the tenant\nfor ending a fixed term agreement before the end of the fixed\nterm—\n(a) is limited to the amount of the break fee specified in\nsubclause (1); and\n(b) is not payable until the defined period after the tenant\nvacates the premises has ended.\n(4) However, the lessor and tenant agree that if, within the defined\nperiod after the tenant vacates the premises, the lessor enters into\na residential tenancy agreement with a new tenant, the amount\npayable by the tenant is limited to—\n(a) the amount of the break fee under subclause (1) less the\namount of rent payable by the new tenant for the defined\nperiod; and\n\n(b) if the tenant vacates the premises more than 4 weeks before\nthe end of the fixed term—the lessor’s reasonable costs\n(not exceeding the defined cost limit) of advertising the\npremises for lease and of giving a right to occupy the\npremises to another person.\n(5) This clause does not apply to a residential tenancy agreement\nended by the tenant under—\n(a) any of the following provisions of the Residential\nTenancies Act:\n(i) section 46A (Termination of agreement for aged care\nor social housing needs);\n(ii) section 46B (Termination of fixed term agreement if\npremises for sale);\n(iii) section 46D (Termination for family violence);\n(iv) section 46G (Co-tenancies—effect of serving family\nviolence termination notice);\n(v) section 64AA (Termination—affected residential\npremises);\n(vi) section 64AB (Termination—eligible impacted\nproperty); or\n(b) a posting termination clause (if the agreement contains the\nposting termination clauses).\n(6) In this clause:\ndefined cost limit means—\n(a) if at least half of the fixed term has expired—an amount\nequal to 2/3 of 1 week’s rent; or\n(b) if less than half of the fixed term has expired—an amount\nequal to 1 week’s rent.\n\ndefined period means—\n(a) if subclause (1) (a) (i) applies—6 weeks; or\n(b) if subclause (1) (a) (ii) applies—4 weeks; or\n(c) if subclause (1) (b) applies—N weeks.\nN is the number worked out as follows:\nbreak fee\nweekly rent payable at the time the tenant ends the agreement\nposting termination clause means a clause in schedule 2,\nsection 2.1.\nTermination for breach by lessor\n90 If the lessor breaches the tenancy agreement, and the tenant\nwishes to terminate the tenancy agreement, the tenant may\neither—\n(a) apply to the tribunal for an order terminating the tenancy;\nor\n(b) give the lessor written notice of intention to terminate the\ntenancy, in accordance with clause 91.\n91 If the tenant decides to proceed by way of notice to the lessor,\nthe following procedures apply:\n(a) the tenant must give the lessor a written notice that the\nlessor has 2 weeks to remedy the breach if the breach is\ncapable of remedy;\n(b) if the lessor remedies the breach within that 14-day\nperiod—the tenancy continues;\n(c) if the lessor does not remedy the breach within the time\nspecified in the notice, or if the breach is not capable of\nremedy—the tenant must give 2 weeks notice of intention\nto vacate;\n\n(d) the tenancy agreement terminates on the date specified by\nthe tenant;\n(e) rent is payable to the date specified in the notice or to the\ndate that the tenant vacates the premises, whichever is the\nlater;\n(f) if the lessor remedies the breach during the period of the\nnotice of intention to vacate—the tenant, at the tenant’s\noption, may withdraw the notice or may terminate the\ntenancy agreement on the date specified in the notice by\nvacating the premises on that date.\nTermination of tenancy by lessor\nTermination for failure to pay rent\n92 The tribunal may order the termination of the tenancy and\neviction of the tenant on the ground of nonpayment of rent in the\nfollowing circumstances:\n(a) rent has been unpaid for 1 week. The first day of this period\nconcludes at midnight on the day when the unpaid rent was\ndue;\n(b) the lessor has served a notice to remedy on the tenant for\nthe failure to pay the rent, being a notice—\n(i) served not earlier than 1 week after the day when the\nrent was due; and\n(ii) containing a statement that if the tenant pays the rent\noutstanding to the date of payment within 7 days of\nthe date of service of the notice to remedy, no further\naction must be taken and the tenancy continues;\n(c) if all rent is not paid within 1 week of the date of service of\nthe notice to remedy—the lessor may then serve a notice to\nvacate on the tenant requiring the tenant to vacate the\npremises within 2 weeks of service of the notice to vacate;\n\n(d) no earlier than the date when the notice to vacate is served,\nthe lessor may apply to the tribunal for an order terminating\nthe tenancy and evicting the tenant;\n(e) the tribunal hearing of the application to terminate and\nevict must not be earlier than the end of the period specified\nin the notice to vacate;\n(f) during any tenancy in which the lessor has previously\nissued 2 notices to remedy, the lessor may serve a notice to\nvacate 1 week after the day when the rent has fallen due\nwithout serving a notice to remedy.\nTermination of tenancy for breach other than nonpayment of rent\n93 The tribunal may order the termination of the tenancy and\neviction of the tenant on the ground of breach of the tenancy\nagreement in the following circumstances:\n(a) the lessor must serve a written notice requiring the tenant\nwithin 2 weeks after the day of service to remedy the\nbreach if it is capable of remedy;\n(b) if the breach is not remedied within 2 weeks after the day\nof service or if the breach is not capable of remedy—the\nlessor must give a notice to vacate the premises within\n2 weeks after the date of service of the notice to vacate;\n(c) if the tenant does not vacate the premises within the period\nof 2 weeks after the date of service of a notice to vacate—\nthe lessor may apply to the tribunal for an order terminating\nthe tenancy and for the eviction of the tenant;\n(d) if the tenant breaches the terms of the tenancy on\n3 occasions on any ground—on the 3rd occasion the lessor\nmay serve a notice to vacate and need not give the tenant\n2 weeks to remedy the breach.\n\nTermination of periodic tenancy\n96 (1) For a periodic tenancy, the lessor may give the tenant—\n(a) if the lessor genuinely intends to live in the premises—\n(b) if the lessor genuinely believes the lessor’s immediate\nrelative intends to live in the premises—8 weeks notice to\nvacate; or\n(c) if the lessor genuinely believes an interested person intends\nto live in the premises—8 weeks notice to vacate; or\n(d) if the lessor genuinely intends to sell the premises—\n(e) if the lessor genuinely intends to reconstruct, renovate or\nmake major repairs to the premises and the reconstruction,\nrenovation or repairs cannot reasonably be carried out with\nthe tenant living in the premises—12 weeks notice to\nvacate; or\n(f) if the lessor genuinely requires the premises for a lawful\nuse other than as a home—26 weeks notice to vacate.\n(2) A notice to vacate given under this clause must be accompanied\nby written evidence supporting the lessor’s reason for the notice.\nExamples—written evidence\nstatutory declaration, development application, quotes from a tradesperson\nfor renovations, notice of decision from the housing commissioner\n(3) In this clause:\nimmediate relative, of the lessor, means a son, daughter,\nson-in-law, daughter-in-law, mother, father, mother-in-law,\nfather-in-law, brother, sister, brother-in-law or sister-in-law.\n\ninterested person, for a lessor, means a person who is not an\nimmediate relative of the lessor but who has a close family or\npersonal relationship with the lessor and who has a reasonable\nexpectation arising from that relationship that the lessor would\nprovide accommodation for the person.\n97 (1) If the lessor gives a tenant a notice to vacate under clause 96, the\ntenant may vacate the premises at any time before the date stated\nin the lessor’s notice to vacate provided the tenant gives the\nlessor—\nor\n(2) In this case, the tenancy terminates on the date that the tenant\nNotices of address for service\n98 (1) At the commencement of the tenancy, the lessor and the tenant\nmust each give—\n(a) an address for service of termination notices; and\n(b) an address for service of other notices.\n(2) If a person’s address for service changes during the tenancy, the\nperson must tell the other party about the new address within\n2 weeks of the change.\n99 On vacating the premises, the tenant must advise the lessor of a\nforwarding address.\n100 If 2 or more people share a tenancy, except where this agreement\notherwise provides, they do so as co-tenants.\n\nSection 2.1\nSchedule 2 Additional terms for certain\nresidential tenancy agreements\n(see s 8)\n2.1 Posting termination clauses\nTermination if lessor or lessor’s domestic partner posted to ACT\n102 (1) If the lessor, or the lessor’s domestic partner, is posted to the\nACT in the course of their employment, the lessor may terminate\nthe residential tenancy agreement by giving the tenant at least 8\nweeks notice to vacate the premises.\n(2) A notice to vacate given under this clause must be accompanied\nby written evidence of the posting.\nExample—evidence of posting\nletter from employer confirming details of posting\n(3) If the lessor gives the tenant a notice to vacate under this clause,\nor\n(4) The residential tenancy agreement terminates on the day the\nNote The break lease fee clause does not apply if a fixed term agreement is\nterminated by the tenant vacating the premises (see cl 89A).\n\nSection 2.2\nTermination if tenant or tenant’s domestic partner posted away\nfrom ACT\n102A (1) If the tenant, or the tenant’s domestic partner, is posted away\nfrom the ACT in the course of their employment, the tenant may\nterminate the residential tenancy agreement by giving the lessor\nat least 8 weeks notice of intention to vacate the premises.\n(2) A notice of intention to vacate given under this clause must be\naccompanied by written evidence of the posting.\nExample—evidence of posting\nletter from employer confirming details of posting\n(3) The residential tenancy agreement terminates—\n(a) 8 weeks after the day the notice of intention to vacate is\nreceived by the lessor; or\n(b) if a later date is stated in the notice—on the stated date.\n(4) However, if the tenant does not vacate the premises on or before\nthe date stated in the notice—\nNote The break lease fee clause does not apply if a fixed term agreement is\nterminated under this section (see cl 89A).\n2.2 Community housing provider termination clause\nTermination by community housing provider if premises required\nby owner\n103 (1) For a periodic tenancy, the lessor may give the tenant—\n(a) if the owner of the premises genuinely intends to sell the\npremises—at least 8 weeks notice to vacate; or\n\nSection 2.2\n(b) if the owner of the premises genuinely intends to live in the\npremises—at least 8 weeks notice to vacate; or\n(c) if the owner of the premises genuinely believes the owner’s\nimmediate relative intends to live in the premises—at least\n(d) if the owner of the premises genuinely believes an\ninterested person intends to live in the premises—at least\n(e) if the owner of the premises genuinely intends to\nreconstruct, renovate or make major repairs to the premises\nand the reconstruction, renovation or repairs cannot\nreasonably be carried out with the tenant living in the\npremises—at least 12 weeks notice to vacate the premises;\nor\n(f) if the owner of the premises is not the housing\ncommissioner and the owner genuinely intends to stop\nusing the premises for community housing—at least\n26 weeks notice to vacate the premises.\n(2) For a fixed term or periodic tenancy, the lessor may give the\ntenant at least 26 weeks notice to vacate the premises if the\nhousing commissioner—\n(a) is the owner of the premises; and\n(b) withdraws the premises in accordance with an approved\n(3) A notice to vacate given under this clause must be accompanied\nby written evidence supporting the owner’s genuine intention or\nbelief for requiring the lessor to give the notice.\nExamples—written evidence\nstatutory declaration, development application, quotes from a tradesperson\nfor renovations, notice of decision from the housing commissioner\n\n(4) If the lessor gives the tenant a notice to vacate under this clause,\nor\n(5) The residential tenancy agreement terminates on the day the\n(6) In this clause:\nimmediate relative, of the owner, means a son, daughter,\nson-in-law, daughter-in-law, mother, father, mother-in-law,\nfather-in-law, brother, sister, brother-in-law or sister-in-law.\ninterested person, for an owner, means a person who is not an\nimmediate relative of the owner but who has a close family or\npersonal relationship with the owner and who has a reasonable\nexpectation arising from that relationship that the owner would\nprovide accommodation for the person.\n2.3 Public housing termination clauses\nTermination if housing assistance cancelled or withdrawn\n104 (1) This clause applies if—\n(a) the tenant receives housing assistance under an approved\nhousing assistance program in relation to the tenancy\n(other than a rebate of rent); and\n\n(b) the housing commissioner decides—\n(i) after reviewing the tenant’s eligibility to receive the\nhousing assistance, that the tenant is no longer eligible\nto receive the housing assistance under the program;\nor\n(ii) after the tenant fails to comply with a request for\ninformation made by the housing commissioner in\naccordance with the Housing Assistance Act 2007,\nsection 25 (2) (a), to cancel the tenant’s housing\nassistance under that Act, section 25 (3); and\nhousing commissioner’s decision.\n(2) The lessor may give the tenant at least 26 weeks notice to vacate\n(3) If the notice to vacate is given because of subclause (1) (b) (ii)\nand the tenant gives the lessor the information in accordance\nwith the lessor’s request for information before the end of the\nperiod in the notice, the notice is taken to have been withdrawn.\n(4) Subclause (5) applies if—\n(a) the tenant gives the lessor the information in accordance\nwith the lessor’s request for information before the end of\nthe period in the notice given under subclause (2); and\n(b) the housing commissioner decides, after reviewing the\ntenant’s eligibility to receive the housing assistance, that\nthe tenant is no longer eligible to receive the housing\nassistance under the program; and\nhousing commissioner’s decision.\n\n(5) Despite subclause (1) (b) (i), the lessor may give the tenant\nnotice to vacate the premises provided that the notice is for the\nlater of—\nsubclause (2); and\n(b) 12 weeks after notice is given under this subclause.\nOn 1 July, Ziggy’s lessor gives Ziggy a notice to vacate because Ziggy did\nnot provide the lessor with information about Ziggy’s eligibility for housing\nassistance within the required period. The notice to vacate gives Ziggy the\nrequired 26 weeks notice, meaning Ziggy must vacate the premises by 30\nDecember. On 1 August, Ziggy gives the lessor the information the lessor\nrequested and the first notice to vacate is taken to be withdrawn. Taking into\naccount the new information, the housing commissioner decides that Ziggy is\nno longer eligible to receive the housing assistance. Ziggy does not seek the\ntribunal’s review of the commissioner’s decision. The lessor may give Ziggy\na second notice to vacate, but the second notice must not have a notice period\nthat ends before 30 December.\n(6) For this clause, a tenant is no longer able to ask for a review of\nthe housing commissioner’s decision if—\n(a) the period in which the tenant may make an application for\nreview of the decision has ended and the tenant has not\nmade an application; or\n(b) if the tenant applies for review of the decision—the\ncommissioner’s decision is confirmed.\n(7) If the lessor gives a tenant a notice to vacate under this clause,\nor\n\nTermination if tenant refuses transfer to alternate rental premises\n105 (1) This clause applies if—\n(a) the housing commissioner gives the tenant written notice\nin accordance with an approved housing assistance\nprogram requiring the tenant to move to alternate rental\n(b) the tenant has rejected, or failed to accept, an offer from\nthe housing commissioner to enter into a tenancy\nagreement for the alternate rental premises; and\nhousing commissioner’s decision to require the tenant to\nmove to the alternate rental premises.\n(2) The lessor may give the tenant at least 26 weeks notice to vacate\n(3) To remove any doubt, this clause also applies if the housing\ncommissioner requires the tenant to move to alternate rental\npremises when the tenant begins receiving ongoing housing\nassistance after the tenant’s temporary housing assistance ends.\n(4) For this clause, a tenant is no longer able to ask for a review of\na decision to require the tenant to move to alternate rental\npremises if—\n(a) the period under the approved housing assistance program\nin which the tenant may make an application for review of\nthe decision has ended and the tenant has not made an\napplication; or\n\n(b) if the tenant applies for review under the approved housing\nassistance program of the decision—the commissioner’s\ndecision is confirmed.\n(5) If the lessor gives a tenant a notice to vacate under this clause,\nor\n(6) The residential tenancy agreement terminates on the day the\nTermination if tenant is party to 2 tenancies\n106 (1) This clause applies if—\n(a) the tenant agrees to move to alternate rental premises; and\n(b) the tenancy for the alternate premises has commenced in\naccordance with the tenancy agreement.\n(2) The lessor may give the tenant at least 1 week’s notice to vacate\nthe first premises.\n(3) The residential tenancy agreement terminates on the day the\n\n2.4 Temporary housing assistance termination\nclause\nTermination if tenant does not apply for ongoing housing\nassistance\n106A (1) This clause applies if—\n(a) the housing commissioner provides temporary housing\nassistance to the tenant under an approved housing\nassistance program because the tenant is a remaining\noccupant in the premises after a former tenant has stopped\nliving in the premises because they—\n(i) have died; or\n(ii) are physically unable to live in the premises; or\n(iii) are legally unable to live in the premises; or\n(iv) no longer wish to live in the premises; and\n(b) the tenant does not apply for ongoing housing assistance\nunder an approved housing assistance program within\n6 weeks after the start of the temporary housing assistance.\n(2) The housing commissioner may give the tenant at least 26 weeks\nnotice to vacate the premises.\n(3) A notice to vacate given under subclause (2) must include the\n(a) a statement that the tenant did not apply for ongoing\nhousing assistance under an approved housing assistance\nprogram;\n(b) the name and contact details of a legal or advocacy service\nthe tenant’s legal rights;\n\n(c) a statement that the notice will be withdrawn if the tenant\napplies for ongoing housing assistance before the end of\nthe period stated in the notice.\n(4) If the tenant applies for ongoing housing assistance under an\napproved housing assistance program before the end of the\nperiod in the notice given under subclause (2), the notice is taken\nto have been withdrawn.\n(5) Subclause (6) applies if—\n(a) the tenant applies for ongoing housing assistance under an\napproved housing assistance program before the end of the\nperiod in the notice given under subclause (2); and\n(b) the housing commissioner decides that the tenant is not\neligible for ongoing housing assistance under an approved\n(6) Despite clause 107, the housing commissioner may give the\ntenant notice to vacate the premises provided that the notice is\nfor the later of—\nsubclause (2); and\n(b) 12 weeks after notice is given under this clause.\n(7) If the housing commissioner gives a tenant a notice to vacate\nunder this clause, the tenant may vacate the premises at any time\nbefore the date stated in the housing commissioner’s notice to\nvacate provided the tenant gives the housing commissioner—\nor\n(b) in the last 2 weeks before the date stated in the housing\ncommissioner’s notice to vacate—at least 4 days notice of\nthe tenant’s intention to vacate.\n\nTermination if housing commissioner decides tenant not eligible\nfor ongoing housing assistance\n107 (1) This clause applies if—\n(a) the housing commissioner provides temporary housing\nassistance to the tenant under an approved housing\nassistance program because the tenant is a remaining\noccupant in the premises after a former tenant has stopped\nliving in the premises because they—\n(i) have died; or\n(ii) are physically unable to live in the premises; or\n(iii) are legally unable to live in the premises; or\n(iv) no longer wish to live in the premises; and\n(b) the housing commissioner decides that the tenant is not\neligible for ongoing housing assistance under an approved\n(2) The housing commissioner may give the tenant—\n(a) if the housing commissioner makes the decision before the\ntenant’s temporary housing assistance ends—at least\n26 weeks notice to vacate the premises; or\n(b) if the housing commissioner makes the decision after the\ntenant’s temporary housing assistance ends—at least\n12 weeks notice to vacate the premises.\n\n(3) If the housing commissioner gives the tenant a notice to vacate\nunder this clause, the tenant may vacate the premises at any time\nbefore the date stated in the housing commissioner’s notice to\nvacate provided the tenant gives the housing commissioner—\nor\n(b) in the last 2 weeks before the date stated in the housing\ncommissioner’s notice to vacate—at least 4 days notice of\nthe tenant’s intention to vacate.\n(4) The residential tenancy agreement terminates on the day the\n2.5 Subsidised accommodation clauses\nWhat are subsidised accommodation eligibility requirements?\n","sortOrder":193},{"sectionNumber":"108","sectionType":"section","heading":"For this agreement, subsidised accommodation eligibility","content":"108 For this agreement, subsidised accommodation eligibility\nrequirements, in relation to premises under a residential tenancy\nagreement, means any rule or requirement against which—\n(a) the tenant’s eligibility to live in the premises will be\nassessable during the tenancy; or\n(b) the lessor’s eligibility to receive government funding or\nassistance in relation to the premises will be assessable\nduring the tenancy.\nLessor’s obligations in relation to eligibility requirements\n","sortOrder":194},{"sectionNumber":"109","sectionType":"section","heading":"If a subsidised accommodation eligibility requirement is","content":"109 If a subsidised accommodation eligibility requirement is\namended during the tenancy, the lessor must give the tenant a\ncopy of the amended requirements not later than 2 weeks after\nthe lessor is informed of or makes the amendments.\n\nTenant must provide information relating to eligibility requirements\n110 (1) The lessor may ask the tenant, in writing, to give the lessor any\ninformation that is reasonably necessary for assessing—\n(a) the lessor’s or owner’s eligibility for government funding\nor assistance for the premises; or\n(b) the tenant’s eligibility to live in the premises.\n(2) If the lessor makes a request under subclause (1), the lessor must\ngive the tenant a reasonable period to comply with the request.\n(3) The tenant agrees to give the lessor any information requested\nunder subclause (1) within the period stated in the lessor’s\nrequest.\n(4) A tenant’s failure to comply with subclause (3) is not taken to be\na breach of this agreement.\nTermination if tenant fails to provide information relating to\neligibility requirements\n111 (1) If the tenant does not give the lessor information in accordance\nwith the lessor’s request for information within the period stated\nin the lessor’s request, the lessor may give the tenant at least 26\nweeks notice to vacate the premises.\n(2) A notice to vacate given under subclause (1) must include the\n(a) a statement that the tenant did not give the lessor the\ninformation requested by the lessor;\n(b) the name and contact details of a legal or advocacy service\nthe tenant’s legal rights;\n(c) a statement that the notice will be withdrawn if the tenant\ngives the lessor the requested information before the end of\nthe period stated in the notice.\n\n(3) If the tenant gives the lessor the information in accordance with\nthe lessor’s request for information before the end of the period\nin the notice given under subclause (1), the notice to vacate is\ntaken to have been withdrawn.\n(4) Subclause (5) applies if—\n(a) the tenant gives the lessor the information in accordance\nwith the lessor’s request for information before the end of\nthe period in the notice given under subclause (1); and\n(b) under the subsidised accommodation eligibility\nrequirements for the premises—\n(i) the tenant stops, or will stop, being eligible to live in\nthe premises; or\n(ii) the lessor stops, or will stop, being eligible to receive\ngovernment funding or assistance to provide the\npremises to the tenant.\n(5) Despite clause 112, the lessor may give the tenant notice to\nvacate the premises provided that the notice is for the later of—\nsubclause (1); and\n(b) 12 weeks after notice is given under this subclause.\nOn 1 July, Poppy’s lessor gives Poppy a notice to vacate because Poppy did\nnot provide the lessor with information about Poppy’s eligibility for\nsubsidised housing within the required period. The notice to vacate gives\nPoppy the required 26 weeks notice, meaning Poppy must vacate the premises\nby 30 December. On 1 August, Poppy gives the lessor the information the\nlessor requested and the first notice to vacate is taken to be withdrawn. Taking\ninto account the new information, the lessor determines that Poppy is no\nlonger eligible to live in the premises. The lessor may give Poppy a second\nnotice to vacate, but the second notice must not have a notice period that ends\nbefore 30 December.\n\n(6) A notice to vacate given under subclause (5) must include the\nname and contact details of a legal or advocacy service that may\nbe able to provide the tenant with advice about the tenant’s legal\nrights.\n(7) If the lessor gives a tenant a notice to vacate under this clause,\nor\nTermination if tenant no longer eligible to live in premises\n112 (1) This clause applies if, under the subsidised accommodation\neligibility requirements for the premises—\n(a) the tenant stops, or will stop, being eligible to live in the\n(b) the lessor stops, or will stop, being eligible to receive\ngovernment funding or assistance to provide the premises\nto the tenant.\n(2) The lessor may give the tenant notice to vacate the premises\nprovided that the notice is not less than the later of the following:\n(a) 26 weeks after the day the lessor gives the notice to the\ntenant;\n\n(b) if the lessor gives the notice because the tenant has stopped,\nor will stop, being eligible to live in the premises—the day\nthe tenant stops being eligible to live in the premises;\n(c) if the lessor gives the notice because the lessor has stopped,\nor will stop, being eligible to receive government funding\nor assistance to provide the premises to the tenant—the day\nthe lessor stops being eligible for funding or assistance for\n(3) A notice to vacate must include the following information:\n(a) if the tenant has stopped, or will stop, being eligible to live\nin the premises—the reason why;\n(b) if the lessor has stopped, or will stop, being eligible to\nreceive government funding or assistance to provide the\npremises to the tenant—the reason why;\n(c) the name and contact details of a legal or advocacy service\nthe tenant’s legal rights.\n(4) If the lessor gives a tenant a notice to vacate under this clause,\nor\n(5) The residential tenancy agreement terminates on the day the\n\n(see s 2)\nNote The Legislation Act contains definitions relevant to this Act. For\nexample:\n• ACAT\n• Australian Consumer Law (ACT)\n• building code\n• calendar month\n• commissioner for fair trading\n• corporation\n• Criminal Code\n• director-general (see s 163)\n• domestic partner (see s 169 (1))\n• entity\n• expire\n• fail\n• health practitioner\n• housing commissioner\n• human rights commission\n• individual\n• month\n• police officer\n• public holiday\n• sign\n• statutory instrument (see s 13)\n• territory law\n• working day.\nACAT trust account—see the ACT Civil and Administrative Tribunal\nAct 2008, section 115B (2).\naffected residential premises—see the Dangerous Substances\nAct 2004, section 47I.\n\naffected residential premises register—see the Dangerous\nSubstances Act 2004, section 47P.\nagent, for part 7 (Residential tenancy databases)—see section 87.\nassignee, in relation to a residential park agreement, for division 5B.3\n(Assignment of interests)—see section 71K (1).\nassignor, in relation to a residential park agreement, for division 5B.3\n(Assignment of interests)—see section 71K (1).\nbond means an amount paid or payable by a tenant as security for the\nperformance of the tenant’s obligations under a residential tenancy\nbond release application, for division 3.4 (Release of bond money)—\nsee section 32.\nbreak lease fee clause means clause 89A of the standard residential\ntenancy terms.\nclass, of building—see the Building Act 2004, dictionary.\ncommercial guarantee—see section 102.\ncompetent person, for division 4.3A (Termination initiated by\ntenant—termination for family violence)—see section 46I (1).\ncompetent person declaration, for division 4.3A (Termination\nsection 46I (1).\ncondition report, for premises under a residential tenancy\nagreement—see section 29 (1).\nconsecutive tenancy agreement, for premises—a residential tenancy\nagreement is a consecutive tenancy agreement if—\n(a) a residential tenancy agreement for the premises terminates or is\nterminated; and\n(b) 1 or more tenants under the terminated agreement continue to\noccupy the premises under the new agreement.\n\nco-tenant—see section 6AA.\ncrisis accommodation—see section 126.\ndatabase operator, for part 7 (Residential tenancy databases)—see\nsection 87.\ndefective termination notice means a notice that—\n(a) if there is a form approved under section 133 (Approved\nforms—Minister) for a termination notice—is not in the\napproved form; or\n(b) if there is no form approved under section 133—does not\ncontain the information required by the standard residential\ntenancy terms; or\n(c) for a notice that purports to be a family violence termination\nnotice—\n(i) does not contain the information required under\nsection 46D; or\n(ii) is not accompanied by a supporting document mentioned\nin section 46D (3) (b); or\n(d) is not given in accordance with this Act.\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act (see Legislation Act,\ns 104).\neducation provider—means an entity mentioned in the Education\nAct 2004, table 9A, column 3.\neligible impacted property—see the Civil Law (Sale of Residential\nProperty) Act 2003, section 9A (1).\nenergy efficiency rating means the energy efficiency rating contained\nin an energy efficiency rating statement.\n\nenergy efficiency rating statement—see the Construction\nOccupations (Licensing) Act 2004, section 123AC.\nfamily violence, for division 4.3A (Termination initiated by tenant—\ntermination for family violence)—see the Family Violence Act 2016,\nsection 8.\nfamily violence order—\n(a) for this Act generally—see the Family Violence Act 2016,\ndictionary; and\n(b) for division 4.3A (Termination initiated by tenant—termination\nfor family violence)—see the Family Violence Act 2016,\nsection 115.\nfamily violence termination notice, for division 4.3A (Termination\nsection 46D (2) (a).\nfixed term agreement means a residential tenancy agreement under\nwhich a tenant has a right of occupation for a fixed term.\nformer lessor, in relation to a residential tenancy agreement that has\nbeen terminated, means the person who was the lessor while the\nagreement was in force.\nformer tenant, in relation to a residential tenancy agreement that has\nbeen terminated, means the person who was the tenant while the\nagreement was in force.\ngrantor—see section 71A.\nhousing assistance, in relation to a tenant—see the Housing\nAssistance Act 2007, section 7.\ninaccurate, in relation to personal information in a residential\ntenancy database, for part 7 (Residential tenancy databases)—see\nsection 87.\nlessor—see section 5.\n\nlist, in relation to personal information in a residential tenancy\nmanufactured home means a structure, other than a caravan or tent,\nthat—\n(a) has the character of residential premises; and\n(b) is designed, built or manufactured to be transported from 1 place\nto another for use as a home; and\n(c) is not permanently attached to land.\nminimum housing standards—see section 19A (1).\nminor modification, to premises under a residential tenancy\nagreement, for part 5AA—see section 71AA.\nmobile home means a motor vehicle, caravan or other trailer, or other\nregistrable vehicle under the Road Transport (Vehicle Registration)\nAct 1999 that is used as a home.\nmobile home park means land lawfully used for the purpose of\naccommodating mobile homes or caravans, and includes a caravan\npark or camping ground.\nnotice of continuing tenancy, for division 4.3A (Termination\nsection 46F (2) (a).\noccupancy agreement—see section 71C.\noccupancy dispute—see section 73.\noccupancy principles—see section 71EA.\noccupant—see section 71B.\noperator, of a residential park, for part 5B (Residential parks)—see\nsection 71H.\n\noriginal condition report, for premises under a consecutive tenancy\nagreement, means a condition report given to a tenant under\nsection 29 not later than 2 days after the lessor last had possession of\nout of date, in relation to personal information in a residential tenancy\npayment order—see section 49A (2).\nperiodic agreement means a residential tenancy agreement that is not\na fixed term agreement.\npersonal information, for part 7 (Residential tenancy databases)—\nsee section 87.\npersonal protection order—see the Personal Violence Act 2016,\ndictionary.\npremises includes—\n(a) any habitable structure, whether it is fixed to the land or not; and\n(b) part of any premises; and\n(c) any land, buildings or structures belonging to the premises.\nprotected person, for division 6.5A (Powers and decisions of\nACAT—protection orders)—see section 85.\nprotection order means—\n(a) a protection order under the Family Violence Act 2016; or\nNote The def protection order includes, among other things, an interim\nor final protection order (see Family Violence Act 2016, dict).\n(b) a personal protection order under the Personal Violence\nAct 2016.\npublish, for division 2.2 (Precontractual obligations)—see\nsection 10A.\n\nregistered community housing provider—see the Community\nHousing Providers National Law (ACT), section 4 (1).\nNote The Community Housing Providers National Law (ACT) Act 2013, s 7\napplies the Community Housing Providers National Law set out in the\nCommunity Housing Providers (Adoption of National Law) Act 2012\n(NSW), appendix as if it were an ACT law called the Community Housing\nProviders National Law (ACT).\nregistrar means the registrar of the ACAT.\nrental bond, for a residential tenancy agreement, for part 7\n(Residential tenancy databases)—see section 87.\nrental rate increase, for premises, for part 5 (Rental rate increases)—\nsee section 64AE.\nresidential park—\n(a) means land that includes—\n(i) sites for accommodating manufactured homes or mobile\nhomes; and\n(ii) common areas and facilities for the use of people\noccupying the manufactured homes or mobile homes; and\n(b) includes a caravan park or camping ground.\nresidential park agreement, for part 5B (Residential parks)—see\nsection 71H.\nResidential Tenancies Act, for schedule 1 (Standard residential\ntenancy terms)—see schedule 1, clause 1 (1).\nresidential tenancy agreement—see section 6A.\nresidential tenancy database, for part 7 (Residential tenancy\ndatabases)—see section 87.\nrespondent, for division 6.5A (Powers and decisions of ACAT—\nprotection orders)—see section 85.\nsite agreement, for part 5B (Residential parks)—see section 71H.\n\nsocial housing dwelling means premises provided by the housing\ncommissioner or a registered community housing provider under an\napproved housing assistance program under the Housing Assistance\nAct 2007.\nspecial modification, to premises under a residential tenancy\nagreement, for part 5AA—see section 71AA.\nstandard guarantee contract—see section 102.\nstandard residential tenancy terms—\n(i) the standard residential tenancy terms mentioned in\nschedule 1; and\n(ii) any additional term mentioned in schedule 2 that, under\nsection 8 (1) (b) to (f), is taken to be included in a\nresidential tenancy agreement; but\n(b) does not include a term mentioned in section 8 (1) (g).\nsubsequent condition report, for premises under a consecutive\ntenancy agreement, means a condition report made under section 29\nor section 30A at any time after an original condition report was made\nunder section 29.\nsupporting document, for a family violence termination notice, for\ndivision 4.3A (Termination initiated by tenant—termination for\nfamily violence)—see section 46D (3) (b).\ntemporary housing assistance—see the Housing Assistance\nAct 2007, dictionary.\ntenancy dispute—see section 72.\ntenant—see section 6.\ntermination and possession order means an order of the tribunal\nterminating a residential tenancy agreement and granting vacant\npossession of the relevant premises to the lessor.\n\ntermination notice—\n(a) means a written notice that—\n(i) if there is a form approved under section 133 (Approved\nforms—Minister) for a termination notice—is in the\napproved form; and\n(ii) if there is no form approved under section 133—contains\nthe information required by the standard residential\ntenancy terms; and\n(iii) is served in accordance with this Act; and\n(b) includes a family violence termination notice served in\naccordance with this Act.\ntribunal, for schedule 1 (Standard residential tenancy terms) and\nschedule 2 (Additional terms for certain residential tenancy\nagreements), means the ACAT.\ntrust account means the trust bank account maintained by the\ndirector-general of the administrative unit responsible for\nadministering this Act in accordance with the Financial Management\nAct 1996, section 51.\nvacating day, stated in a family violence termination notice, for\ndivision 4.3A (Termination initiated by tenant—termination for\nfamily violence)—see section 46D (3) (a).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nResidential Tenancies Act 1997 A1997-84\nnotified 25 November 1997 (Gaz 1997 No S360)\ns 1, s 2 commenced 25 November 1997 (s 2 (1))\nremainder commenced 25 May 1998 (s 2 (3))\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nResidential Tenancies (Amendment) Act 1997 A1997-122\nnotified 24 December 1997 (Gaz 1997 No S420)\nss 1-3 commenced 24 December 1997 (s 2 (1))\nremainder commenced 31 March 1999 (s 2 (2))\nResidential Tenancies (Amendment) Act 1998 A1998-5\nnotified 25 May 1998 (Gaz 1998 No S150)\ns 4, s 8 commenced 1 July 1998 (s 2 (2))\nremainder commenced 25 May 1998 (s 2 (1))\nCourts and Tribunals (Audio Visual and Audio Linking) Act 1999\nA1999-22 pt 12\nnotified 14 April 1999 (Gaz 1999 No S16)\ns 1, s 2 commenced 14 April 1999 (s 2 (1))\npt 12 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\nsch 3 commenced 10 November 1999 (s 2)\nJustice and Community Safety Legislation Amendment Act 2000\nA2000-1 sch\nnotified 9 March 2000 (Gaz 2000 No 10)\ns 1, s 2 commenced 9 March 2000 (s 2 (1))\nsch commenced 9 September 2000 (s 2 (3))\n\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nUnit Titles Consequential Amendments Act 2001 A2001-17 sch 2\nnotified 5 April 2001 (Gaz 2001 No 14)\ns 1, s 2 commenced 5 April 2001 (IA s 10B)\nsch 2 commenced 5 October 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 332\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 332 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nLegislation Amendment Act 2002 A2002-11 pt 2.42\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.42 commenced 28 May 2002 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2002\nA2002-27 pt 13\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\npt 13 commenced 7 October 2002 (s 2 (2))\nStatute Law Amendment Act 2002 A2002-30 pt 3.61\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.61 commenced 17 September 2002 (s 2 (1))\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\nsch 2 pt 2.12\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nsch 2 pt 2.12 commenced 30 April 2004 (s 2 and LA s 79)\n\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.24\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.24 commenced 1 September 2004 (s 2 and see\nConstruction Occupations (Licensing) Act 2004 A2004-12, s 2 and\nCN2004-8)\nResidential Tenancies Amendment Act 2004 A2004-58 (as am by\nA2005-20 sch 3 pt 3.51)\nnotified LR 8 September 2004\ns 1, s 2 commenced 8 September 2004 (LA s 75 (1))\nsch 1 commenced 1 January 2006 (s 2 (3))\nremainder commenced 8 March 2005 (s 2 (1) and LA s 79)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.65\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.65 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.51\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.51 taken to have commenced 8 March 2005 (s 2 (2))\nNote This Act only amends the Residential Tenancies Amendment Act\n","sortOrder":195},{"sectionNumber":"2004","sectionType":"section","heading":"A2004-58.","content":"2004 A2004-58.\nResidential Tenancies Amendment Act 2005 A2005-39\nnotified LR 31 August 2005\ns 1, s 2 commenced 31 August 2005 (LA s 75 (1))\ns 7, s 25, s 26 commenced 1 January 2006 (s 2 and CN2005-24)\nremainder commenced 28 February 2006 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 3) A2005-43 sch 1 pt 1.11\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\nsch 1 pt 1.11 commenced 1 October 2005 (s 2 (3) and CN2005-18)\n\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.28\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.28 commenced 23 November 2005 (s 2)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.33\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.33 commenced 24 November 2005 (s 2)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.23\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.23 commenced 22 December 2005 (s 2 (4))\nAsbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.7 (as\nam by A2006-24 s 4)\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4)\nAsbestos Legislation Amendment Act 2006 (No 2) A2006-24\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nremainder commenced 19 May 2006 (s 2)\nNote This Act only amends the Asbestos Legislation Amendment Act\n","sortOrder":196},{"sectionNumber":"2006","sectionType":"section","heading":"A2006-16.","content":"2006 A2006-16.\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 1 pt 1.12, sch 2 pt 2.28\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.12 commenced 19 October 2006 (s 2 (3))\nsch 2 pt 2.28 commenced 29 September 2006 (s 2 (1))\nHousing Assistance Act 2007 A2007-8 sch 1 pt 1.8\nnotified LR 10 May 2007\ns 1, s 2 commenced 10 May 2007 (LA s 75 (1))\nsch 1 pt 1.8 commenced 10 November 2007 (s 2 and LA s 79)\n\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.19\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.19 commenced 7 May 2008 (s 2)\nJustice and Community Safety Legislation Amendment Act 2008\n(No 2) A2008-22 sch 1 pt 1.9\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.9 commenced 29 July 2008 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.50\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.50 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.44\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.44 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.89\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.89 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nA2009-7 sch 1 pt 1.9\nnotified LR 5 March 2009\ns 1, s 2 commenced 5 March 2009 (LA s 75 (1))\nsch 1 pt 1.9 commenced 6 March 2009 (s 2 (1))\n(No 2) A2009-19 pt 15\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\npt 15 commenced 29 September 2009 (s 2)\n\n(No 3) A2009-44 sch 1 pt 1.14\nnotified LR 24 November 2009\ns 1, s 2 commenced 24 November 2009 (LA s 75 (1))\nsch 1 pt 1.14 commenced 22 December 2009 (s 2 (3))\nConstruction Occupations Legislation Amendment Act 2010 (No 2)\nA2010-32 pt 6\nnotified LR 1 September 2010\ns 1, s 2 commenced 1 September 2010 (LA s 75 (1))\ns 3 commenced 18 February 2011 (LA s 75AA)\npt 6 commenced 1 March 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.133\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.133 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.29\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.29 commenced 21 September 2011 (s 2 (1))\nResidential Tenancies (Databases) Amendment Act 2011 A2011-31\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nremainder commenced 29 February 2012 (s 2 and LA s 79)\nUnit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.11\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nsch 5 pt 5.11 commenced 30 March 2012 (s 2 and CN2012-6)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.35\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.35 commenced 5 June 2012 (s 2 (1))\n\nJustice and Community Safety Legislation Amendment Act 2013\nA2013-7 sch 1 pt 1.6\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\nsch 1 pt 1.6 commenced 4 March 2013 (s 2 and see Retirement\nVillages Act 2012 A2012-38, s 2 and LA s 79)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.18\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.18 commenced 25 November 2013 (s 2)\nJustice and Community Safety Legislation Amendment Act 2013\n(No 4) A2013-45 sch 1 pt 1.3\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 1 pt 1.3 commenced 12 November 2013 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.14\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.14 commenced 17 November 2014 (s 2)\nDangerous Substances (Loose-fill Asbestos Eradication) Legislation\nAmendment Act 2014 A2015-6 sch 1 pt 1.8\nnotified LR 31 March 2015\ns 1, s 2 commenced 31 March 2015 (LA s 75 (1))\nsch 1 pt 1.8 commenced 17 April 2015 (s 2 and CN2015-6)\nBuilding (Loose-fill Asbestos Eradication) Legislation Amendment\nAct 2015 A2015-42 pt 12\nnotified LR 5 November 2015\ns 1, s 2 commenced 5 November 2015 (LA s 75 (1))\npt 12 commenced 13 November 2015 (s 2 (1) and CN2015-21)\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.18 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.18 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\n\nResidential Tenancies Legislation Amendment Act 2016 A2016-50\npt 2\nnotified LR 24 August 2016\ns 1, s 2 commenced 24 August 2016 (LA s 75 (1))\ns 19, s 23, s 24 and s 28 commenced 24 August 2017 (s 2 (1) (b))\npt 2 remainder commenced 24 August 2017 (s 2 (3))\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.25\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.25 commenced 9 March 2017 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\nA2017-5 sch 1 pt 1.8\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 amdt 1.17 commenced 24 August 2017 (s 2 (1) (a))\nsch 1 amdt 1.18 commenced 24 August 2017 (s 2 (2) (a))\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 1 pt 1.3\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 1 pt 1.3 commenced 11 October 2017 (s 2)\nResidential Tenancies Amendment Act 2017 A2017-32\nnotified LR 7 November 2017\ns 1, s 2 taken to have commenced 14 September 2017 (LA s 75 (2))\nsch 2 commenced 7 May 2018 (s 2 (2) and see LA s 79)\nsch 3 commenced 24 February 2018 (s 2 (2), CN2018-2 and see LA\ns 77 (3))\nremainder taken to have commenced 14 September 2017 (s 2 (1))\n\nResidential Tenancies Amendment Act 2018 A2018-20\nnotified LR 14 June 2018\ns 1, s 2 commenced 14 June 2018 (LA s 75 (2))\ns 3 commenced 15 June 2018 (LA s 75AA)\nss 6-8 commenced 15 June 2018 (s 2 (2))\nremainder commenced 14 December 2018 (s 2 (1) and LA s 79)\nResidential Tenancies Amendment Act 2019 A2019-5 pt 2\nnotified LR 4 March 2019\ns 1, s 2 commenced 4 March 2019 (LA s 75 (1))\npt 2 commenced 1 November 2019 (s 2 (1) and CN2019-18)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 13\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 13 commenced 21 June 2019 (s 2)\nResidential Tenancies Amendment Act 2020 A2020-1\nnotified LR 25 February 2020\ns 1, s 2 commenced 25 February 2020 (LA s 75 (1))\ns 3 commenced 6 April 2020 (LA s 75AA)\ns 4, s 20 commenced 6 April 2020 (s 2 and CN2020-9)\ns 7, s 8 (so far as it inserts s 46A), s 15, s 24 commenced 5 May 2020\n(s 2 and CN2020-12)\nremainder commenced 25 August 2020 (s 2 and LA s 79)\nUnit Titles Legislation Amendment Act 2020 A2020-4 pt 10\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\npt 10 commenced 1 November 2020 (s 2 (1) and CN2020-11)\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.18\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.18 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.27\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.27 commenced 14 May 2020 (s 2 (1))\n\nLoose-fill Asbestos Legislation Amendment Act 2020 A2020-20 pt 7\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\npt 7 commenced 1 July 2020 (s 2)\nJustice Legislation Amendment Act 2020 A2020-42 pt 25\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 25 commenced 1 November 2020 (s 2 (4) and see Unit Titles\nLegislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11)\nPlanning Legislation Amendment Act 2020 A2020-44 pt 4\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 4 commenced 27 February 2021 (s 2 (4))\nResidential Tenancies Amendment Act 2020 (No 2) A2020-48 pt 2,\nsch 2 pt 2.2\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\ns 18, s 42 commenced 4 September 2020 (s 2 (2))\npt 2 remainder commenced 3 March 2021 (s 2 (1) and LA s 79)\nsch 2 pt 2.2 commenced 30 January 2022 (s 2 (3))\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 17\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\ns 39 commenced 3 March 2021 (s 2 (2) and see Residential Tenancies\nAmendment Act 2020 (No 2) A2020-48, s 2 (1) and LA s 79)\npt 17 remainder commenced 26 February 2021 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.37\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.37 commenced 24 August 2022 (s 2)\nJustice and Community Safety Legislation Amendment Act 2022\nA2022-21 pt 8\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 8 commenced 10 December 2022 (s 2)\n\nResidential Tenancies Legislation Amendment Act 2023 A2023-5 pt 2\nnotified LR 27 March 2023\ns 1, s 2 commenced 27 March 2023 (LA s 75 (1))\ns 5, s 9, s 11, s 13, ss 15-18, ss 20-26, ss 29-35, s 38, ss 44-50,\nss 52-54, ss 56-60 commenced 1 April 2023 (s 2 (3) and CN2023-1)\npt 2 remainder commenced 1 April 2023 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2023\n(No 3) A2023-57 pt 14\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 14 commenced 12 December 2023 (s 2 (1))\nHousing and Consumer Affairs Legislation Amendment Act 2024\nA2024-29 pt 8\nnotified LR 9 July 2024\ns 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))\nss 41-43, ss 49-108 commenced 10 December 2024 (s 2 (4) and\nCN2024-7)\npt 8 remainder commenced 9 January 2025 (s 2 (4) and CN2024-7)\nJustice and Community Safety Legislation Amendment Act 2025\nA2025-2 pt 7\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\npt 7 commenced 27 February 2025 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2025\n(No 3) A2025-22 pt 7, sch 1 pt 1.5\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\npt 7 commenced 12 October 2025 (s 2 (2))\nsch 1 pt 1.5 commenced 1 November 2025 (s 2 (3) (a) and see Aged\nCare Act 2024 (Cwlth) s 7)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.79, sch 4\npt 4.151\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.79, sch 4 pt 4.151 commenced 26 November 2025 (s 2 (3),\n(9))\n\nTitle\ntitle sub A2004-58 s 4\ns 2 om R1 LA\nins A2004-58 s 7\nam A2010-32 s 38\nNotes\ns 3 sub A2004-58 s 7\ndef approved mediator sub A1998-5 s 4\ndef bond reloc to dict A2004-58 s 6\ndef commissioner reloc to dict A2004-58 s 6\ndef director sub A1999-66 sch 3\nom A2000-17 sch 1\ndef energy efficiency rating ins A1997-122 s 4\ndef energy efficiency rating statement ins A1997-122 s 4\nom A2004-58 s 5\ndef fixed term agreement reloc to dict A2004-58 s 6\ndef former lessor reloc to dict A2004-58 s 6\ndef former tenant reloc to dict A2004-58 s 6\ndef lessor om A2004-58 s 5\ndef member of the tribunal reloc to dict A2004-58 s 6\ndef mobile home reloc to dict A2004-58 s 6\ndef mobile home park reloc to dict A2004-58 s 6\ndef party reloc to dict A2004-58 s 6\ndef periodic agreement reloc to dict A2004-58 s 6\ndef preliminary conference reloc to dict A2004-58 s 6\ndef premises reloc to dict A2004-58 s 6\ndef prescribed terms om A2004-58 s 5\ndef president reloc to dict A2004-58 s 6\ndef referee reloc to dict A2004-58 s 6\ndef registrar sub A1999-66 sch 3\ndef residential tenancy agreement om A2004-58 s 5\ndef retirement village om A2004-58 s 5\ndef tenancy dispute om A2004-58 s 5\ndef tenant om A2004-58 s 5\ndef termination and possession order reloc to dict A2004-58\ns 6\ndef termination notice am A2001-44 s 1.3632\ndef tribunal reloc to dict A2004-58 s 6\n\ndef trust account reloc to dict A2004-58 s 6\ndef working day om A2004-58 s 5\nOffences against Act—application of Criminal Code etc\ns 3A ins A2005-54 amdt 1.229\nApplication of Act\ns 4 sub A2004-58 s 8\nam A2005-60 amdt 1.126; A2012-21 amdt 3.131, amdt 3.132;\nA2013-7 amdt 1.11; pars renum R41 LA\nsub A2025-22 amdt 1.11\nObjects of Act\ns 4A ins A2020-48 s 4\nMeaning of residential tenancy agreement\npt 1A hdg ins A2004-58 s 8\nWho is a lessor?\ns 5 sub A2004-58 s 8\nWho is a tenant?\ns 6 sub A2004-58 s 8\nWho is a co-tenant?\ns 6AA ins A2020-48 s 5\nWhat is a residential tenancy agreement?\ns 6A ins A2004-58 s 8\nam A2020-48 s 6, s 7\nResidential tenancy agreement if agreement written and says it is residential\ntenancy agreement\ns 6B ins A2004-58 s 8\nResidential tenancy agreement if agreement part of employment\ns 6C ins A2004-58 s 8\nCertain kinds of agreements not residential tenancy agreements\ns 6D ins A2004-58 s 8\nCertain people given right of occupation not tenants\ns 6E ins A2004-58 s 8\nam A2020-48 s 8; pars renum R71 LA\nCertain kinds of premises mean no residential tenancy agreement\ns 6F ins A2004-58 s 8\nam A2013-44 amdt 3.169\nom A2020-48 s 9\nWhen does residential tenancy agreement start?\ns 7 sub A2004-58 s 8\nam A2024-29 s 41\n\nResidential tenancy agreements\npt 2 hdg sub A2004-58 s 8\nTerms of agreement\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA\nsub A2004-58 s 8\nTerms included in residential tenancy agreements\ns 8 sub A2004-58 s 8\nam A2005-39 s 4, s 5, s 7; pars renum R18 LA (see A2005-39\ns 6); A2008-36 amdt 1.595; A2016-50 s 4, s 5; A2017-5\namdt 1.17; pars renum R49 LA; A2019-5 s 4; A2020-1 s 4,\ns 5; ss renum R65 LA\nsub A2023-5 s 5\nam A2023-57 s 35, s 36; A2024-29 s 42, s 43; pars renum\nR78 LA; A2025-22 s 22, s 23\nInconsistent tenancy terms void\ns 9 hdg sub A2005-60 amdt 1.127\ns 9 sub A2004-58 s 8\nEndorsement of inconsistent tenancy terms by ACAT\ns 10 hdg sub A2005-60 amdt 1.128\ns 10 sub A2004-58 s 8\nam A2005-39 s 8; A2007-8 amdt 1.19; A2008-36 amdt 1.595;\nA2025-29 amdt 4.152\nPrecontractual obligations\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA\nMeaning of publish—div 2.2\ns 10A ins A2023-5 s 6\nCompliance\ns 11 am A2022-14 amdt 3.201\nAdvertising—required information\ns 11A ins A1997-122\nsub A2005-54 amdt 1.230\nam A2013-44 amdt 3.170; A2016-50 s 6; A2020-44 s 16;\nA2023-5 s 7\nsub A2024-29 s 44\nAdvertising—false or misleading required information\ns 11AA (prev s 11AAB) ins A2024-29 s 44\nrenum as s 11AA A2024-29 s 45\n\nCertain special conditions must be advertised\ns 11AB orig s 11AB\nins A2023-5 s 8\nom A2024-29 s 46\npres s 11AB\n(prev s 11AA) ins A2019-5 s 5\nrenum as s 11AB A2024-29 s 45\nAdaptable housing—advertising\ns 11AAA ins A2020-4 s 47\nam A2020-42 ss 133-135\nom A2024-29 s 46\nAdvertising—false or misleading required information\ns 11AAB renum as s 11AA\nLessor or agent must advertise rental rate for premises\ns 11AC ins A2023-5 s 9\nLessor or agent must not solicit rent bidding\ns 11AD ins A2023-5 s 9\nSmoke alarms\ns 11B ins A2016-50 s 7\nam A2017-28 amdt 1.4\nLessor’s obligations\ns 12 am A1997-122; A2004-13 amdt 2.89; A2004-58 amdt 2.1,\namdt 2.2; A2005-39 s 9, s 10; A2006-16 amdt 1.48;\nA2011-28 amdt 3.209; A2020-4 s 48; A2020-42 s 136;\nA2022-21 s 21; A2023-5 ss 10-13; A2023-57 s 37; pars\nrenum R77 LA; A2024-29 s 47, s 48\nAgent’s obligations\ns 14 am A2022-14 amdt 3.202\nConsideration\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R2 LA\nRent or a bond only\ns 15 am A2005-39 s 11; A2007-8 amdt 1.19; A2008-36 amdt 1.595;\nA2012-21 amdt 3.133; A2017-32 amdt 1.1, amdt 1.2;\nA2017-32 amdt 2.1, amdt 2.2; A2020-48 s 10; pars renum\nR71 LA\nAlternative to a bond—guarantee or indemnity\ns 16 am A2017-32 amdt 1.3; A2017-32 amdt 2.3\nAlternative to a bond-insurance\ns 17 om A2004-58 s 9\n\nLessor’s obligations on signing agreement\ndiv 2.4 hdg (prev pt 2 div 4 hdg) renum R2 LA\nCopy of agreement to be given to tenant\ns 19 am A2004-58 amdt 2.3\nMinimum housing standards\ndiv 2.5 hdg ins A2023-5 s 14\nMinimum housing standards\ns 19A ins A2023-5 s 14\nLessor’s obligations about minimum housing standards\ns 19B ins A2023-5 s 14\nLessor must keep records about minimum housing standards\ns 19C ins A2023-5 s 14\nPayment of bonds\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA\nConsecutive tenancy agreements\ns 22 am A2016-50 s 8\nsub A2024-29 s 49\nDepositing bond\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA\nDeposit of bond by lessor\ns 23 am A2004-58 amdt 2.4\nsub A2005-39 s 12\nDeposit of bond by tenant\ns 24 sub A2017-32 amdt 3.1\nNotice about deposit\ns 25 hdg sub A2017-32 amdt 3.2\ns 25 am A2001-44 amdt 1.3633, amdt 1.3634; A2012-21\namdt 3.134; am A2017-32 amdt 3.3; A2025-29 amdt 4.152\nAcknowledgment of receipt of bond money\ns 26 am A2012-21 amdt 3.135, amdt 3.136\nsub A2017-32 amdt 3.4\nPayment of bond money into trust account\ns 27 am A2008-36 amdt 1.595; A2023-57 s 38\nInterest on amounts in trust account\ns 28 am A2000-17 sch 1; A2002-27 s 62\nsub A2005-60 amdt 1.129\n(4)-(7) exp 22 March 2006 (s 28 (7))\nsub A2008-37 amdt 1.424\nam A2011-22 amdt 1.382\n\nCondition of premises and deductions from bond\ndiv 3.3 hdg (prev pt 3 div 3 hdg) renum R2 LA\nCondition report—start of tenancy\ns 29 hdg sub A2016-50 s 9\ns 29 am A2001-44 amdt 1.3635, amdt 1.3636; A2004-58 ss 10-13,\namdt 2.5; A2005-39 s 13\nsub A2024-29 s 50\nEvidence of condition of premises\ns 30 am A2024-29 s 51\nEvidence of condition of premises—consecutive tenancy agreement\ns 30AA ins A2024-29 s 52\nFinal inspection and condition report—end of tenancy\ns 30A ins A2016-50 s 10\nam A2024-29 s 53\nDeductions from bond\ns 31 am A2008-36 amdt 1.595; A2017-4 amdt 3.168, amdt 3.169;\nA2016-50 ss 11-13; pars renum R49 LA\nRelease of bond money\ndiv 3.4 hdg (prev pt 3 div 4 hdg) renum R2 LA\nDefinitions—div 3.4\ns 32 am A1999-66 sch 3; A2001-44 amdt 1.3637, amdt 1.3638; R2\nLA; A2008-36 amdt 1.583, amdt 1.595; A2011-22 amdt 1.383\nsub A2016-50 s 14\ndef bond release application ins A2016-50 s 14\nBond release application—general\ns 33 sub A2016-50 s 14\nBond release application—lessor’s obligations\ns 34 am A1999-66 sch 3; A2004-58 amdt 2.6; A2008-36 amdt\n1.595\nsub A2016-50 s 14\nam A2020-48 s 11; A2024-29 s 54\nBond release application—joint application\ns 34A ins A2016-50 s 14\nam A2020-48 s 12, s 13\nBond release application—application by tenant\ns 34B ins A2016-50 s 14\nam A2020-48 s 14, s 15\nBond release application—application by lessor\ns 34C ins A2016-50 s 14\n\nBond release application before end of agreement\ns 34D ins A2016-50 s 14\nBond release application—ACAT order\ns 34E ins A2016-50 s 14\nBond release application—discrepancy in named tenant\ns 34F ins A2020-48 s 16\nam A2024-29 s 55, s 56; pars renum R78 LA\nDisputes about all or part of bond\ns 35 am A2004-58 amdt 2.7\nsub A2008-36 amdt 1.584\nam A2016-50 s 15; A2020-1 s 6; ss renum R65 LA\nCo-tenancies\npt 3A hdg ins A2020-48 s 17\nCo-tenant may leave residential tenancy agreement\ns 35A ins A2020-48 s 17\nam A2022-21 s 22; A2024-29 s 57\nRepayment of bond to leaving co-tenant\ns 35B ins A2020-48 s 17\nam A2022-21 s 23; A2024-29 s 58\nRepayment of bond to former co-tenant—consecutive tenancy agreement\ns 35BA ins A2024-29 s 59\nam A2025-2 s 42; pars renum R80 LA\nBecoming a co-tenant under existing residential tenancy agreement—\ngenerally\ns 35C ins A2020-48 s 17\nam A2024-29 s 60\nCo-tenancy on application to ACAT\ns 35D ins A2020-48 s 17\nBecoming a co-tenant under existing residential tenancy agreement—social\nhousing dwelling and crisis accommodation\ns 35E ins A2020-48 s 17\nBecoming a co-tenant at start of consecutive tenancy agreement\ns 35EA ins A2024-29 s 61\nPayment of bond by new co-tenant\ns 35F ins A2020-48 s 17\nPayment of bond by new co-tenant—consecutive tenancy agreement\ns 35FA ins A2024-29 s 62\nam A2025-2 s 43; pars renum R80 LA\n\nACAT orders—co-tenancy matters\ns 35G ins A2020-48 s 17\nGeneral\ndiv 4.1 hdg (prev pt 4 div 1 hdg) renum R2 LA\nTermination\ns 36 am A2001-44 amdt 1.3639; pars renum R15 LA; A2005-39\ns 14; A2008-36 amdt 1.595; A2015-6 amdt 1.15; A2015-42\ns 52; A2016-50 s 16, s 17; A2017-5 amdt 1.18; A2019-5 s 6;\nA2020-1 s 7; pars renum R62 LA; A2023-5 ss 15-17;\nA2024-29 s 63, s 64; pars renum R78 LA; A2025-22 s 24,\ns 25\nEntry for eviction purposes\ns 37 am A2008-36 amdt 1.595; A2016-50 s 18\nGeneral duty to mitigate\ns 38 am A2008-36 amdt 1.595\nContent of termination and possession orders\ns 39 am A2008-36 amdt 1.595\nWarrants for eviction\ndiv 4.2 hdg (prev pt 4 div 2 hdg) renum R2 LA\nContent of warrant\ns 40 sub A2005-39 s 15\nWarrant—termination and possession order\ns 41 am A2008-36 amdt 1.595\nsub A2018-20 s 4\nConditional orders\ns 42 sub A2005-39 s 16\nam A2008-22 amdt 1.47; ss renum R28 LA; A2008-36\namdt 1.595; A2011-28 amdt 3.210\nFailure to comply with conditional order\ns 42A ins A2005-39 s 16\nam A2008-22 amdts 1.48-1.50; A2008-36 amdt 1.595\nHearing of application\ns 42B ins A2005-39 s 16\nam A2008-22 amdt 1.51; A2008-36 amdt 1.595\nTermination initiated by tenant\ndiv 4.3 hdg (prev pt 4 div 3 hdg) renum R2 LA\n\nBreach of standard residential tenancy terms\ns 43 hdg sub A2004-58 amdt 2.8\ns 43 am A2004-58 amdt 2.9; A2008-36 amdt 1.595\nSignificant hardship\ns 44 am A2002-30 amdt 3.662; A2008-36 amdt 1.595; A2016-50\ns 19\nDamage, injury or intention to damage or injure\ns 45 am A2008-36 amdt 1.595\nThreats, harassment, intimidation or abuse by lessor etc\ns 45A ins A2023-5 s 18\nFalse or misleading statements\ns 46 am A2008-36 amdt 1.595\nTermination of agreement for failure to comply with minimum housing\nstandards\ns 46AA ins A2023-5 s 19\nTermination of agreement for aged care or social housing needs\ns 46A ins A2020-1 s 8\nam A2023-5 s 20; A2024-29 s 65; ss renum R78 LA;\nA2025-22 amdt 1.12, amdt 1.13\nTermination of fixed term agreements if premises for sale\ns 46B ins A2020-1 s 8\nam A2024-29 s 66\nTermination initiated by tenant—termination for family violence\ndiv 4.3A hdg ins A2024-29 s 67\nDefinitions—div 4.3A\ns 46C ins A2024-29 s 67\ndef competent person ins A2024-29 s 67\ndef competent person declaration ins A2024-29 s 67\ndef family violence ins A2024-29 s 67\ndef family violence order ins A2024-29 s 67\ndef family violence termination notice ins A2024-29 s 67\ndef notice of continuing tenancy ins A2024-29 s 67\nsub A2025-2 s 44\ndef supporting document ins A2024-29 s 67\ndef vacating day ins A2024-29 s 67\nTermination for family violence\ns 46D ins A2024-29 s 67\nSole tenancies—effect of serving family violence termination notice\ns 46E ins A2024-29 s 67\n\nCo-tenancies—lessor to give notice to other co-tenants and Territory\ns 46F ins A2024-29 s 67\nsub A2025-2 s 45\nCo-tenancies—effect of serving family violence termination notice\ns 46G ins A2024-29 s 67\nam A2025-2 s 46\nLessor not to require other information\ns 46H ins A2024-29 s 67\nCompetent person declaration\ns 46I ins A2024-29 s 67\nOffence—using or disclosing information in supporting documents without\nauthorisation\ns 46J ins A2024-29 s 67\nSupporting documents to be securely stored or destroyed\ns 46K ins A2024-29 s 67\nACAT not to decide if family violence happens\ns 46L ins A2024-29 s 67\nOffences—giving false or misleading information\ns 46M ins A2024-29 s 67\nTermination initiated by lessor\ndiv 4.4 hdg (prev pt 4 div 4 hdg) renum R2 LA\nNo breach of standard residential tenancy terms\ns 47 hdg sub A2004-58 amdt 2.10\ns 47 am A2001-44 amdt 1.3640; A2004-58 amdt 2.11, amdt 2.12;\nA2008-36 amdt 1.595\nsub A2023-5 s 21\nam A2023-57 s 39; A2024-29 s 68\nCertain breaches of standard residential tenancy terms\ns 48 hdg sub A2004-58 amdt 2.13\ns 48 am A2001-44 amdt 1.3640; A2004-58 amdt 2.14, amdt 2.15;\nA2008-22 amdt 1.52; A2008-28 amdt 3.148; A2008-36\namdt 1.595; A2009-44 amdt 1.34; A2020-1 s 9; A2022-14\namdt 3.203\nFailure to pay rent—termination and possession order\ns 49 am A2001-44 amdt 1.3640; A2004-58 amdt 2.16; A2008-22\namdt 1.53; A2008-28 amdts 3.149-3.151; ss renum R29 LA;\nA2008-36 amdt 1.595\nsub A2018-20 s 5\n\nFailure to pay rent—payment order\ns 49A ins A2018-20 s 5\nam A2019-17 s 32; ss renum R57 LA; A2020-1 s 10;\nA2020-48 s 18; A2022-14 amdt 3.204\nFailure to comply with payment order\ns 49B ins A2018-20 s 5\nHearing of application—failure to comply with payment order\ns 49C ins A2018-20 s 5\nSignificant hardship\ns 50 am A2008-36 amdt 1.595\nDamage, injury or intention to damage or injure\ns 51 sub A2004-58 s 14\nam A2005-43 amdt 1.31; A2005-39 s 17; A2008-36\namdt 1.595\nThreats, harassment, intimidation or abuse by tenant\ns 51A ins A2023-5 s 22\nFalse or misleading statements\ns 52 am A2008-36 amdt 1.595\nEmployer-provided accommodation\ns 53 am A2008-36 amdt 1.595\nPurported co-tenancy, assignment or subletting\ns 54 hdg sub A2020-48 s 19\ns 54 am A2001-44 amdt 1.3640; A2004-58 amdt 2.17, amdt 2.18;\nA2008-36 amdt 1.595; A2020-48 ss 20-22\nRepudiation without vacation\ns 55 am A2008-36 amdt 1.595\nAffected residential premises\ns 55A ins A2015-6 amdt 1.16\nEligible impacted property\ns 55B ins A2015-42 s 53\nCompensation to lessor\ns 56 am A2004-58 amdt 2.19; A2008-36 amdt 1.595\nRetaliatory applications\ns 57 sub A2004-58 s 15\nsub A2023-5 s 23\nDefective termination notices\ndiv 4.5 hdg (prev pt 4 div 5 hdg) renum R2 LA\n\nLessor’s defective termination notice if tenant vacates\ns 58 am A2001-44 amdt 1.3641, amdt 1.3642; A2008-36\namdt 1.595; A2017-4 amdt 3.170\nLessor’s defective termination notice if tenant does not vacate\ns 59 am A2001-44 amdt 1.3643; A2004-58 amdt 2.20; A2008-36\namdt 1.595; A2017-4 amdt 3.170\nTenant’s defective termination notice\ns 60 am A2001-44 amdt 1.3644, 1.3646; A2008-36 amdt 1.595\nam A2024-29 s 69\nAbandonment of premises\ndiv 4.6 hdg (prev pt 4 div 6 hdg) renum R2 LA\nEffect of abandonment\ns 61 am A2004-58 s 16; A2008-36 amdt 1.585\nLessor may enter premises to confirm abandonment\ns 61A ins A2016-50 s 20\nAbandonment during fixed term\ns 62 am A1998-5; A2008-36 amdt 1.595\nAbandonment during periodic agreement\ns 63 am A2017-4 amdt 3.171; A2020-1 s 11\nMiscellaneous\ndiv 4.7 hdg (prev pt 4 div 7 hdg) renum R2 LA\nSuccessor in title to lessor\ns 64 am A1998-5; A2001-44 amdts 1.3646-1.3648, A2004-58 s 17,\ns 18; ss renum R10 LA (see A2004-58 s 19); A2025-29\namdt 4.152\nTermination—affected residential premises\ns 64AA ins A2015-6 amdt 1.17\nam A2024-29 s 70\nTermination—eligible impacted property\ns 64AB ins A2015-42 s 54\nam A2024-29 s 71\nNo new residential tenancy agreements etc for affected residential premises\ns 64AC ins A2020-20 s 53\nDisallowing retaliatory notices to vacate\ns 64AD ins A2023-5 s 25\n\nMeaning of rental rate increase—pt 5\ns 64AE ins A2024-29 s 72\nPre-amendment fixed term agreements—increase in rent\ns 64A ins A2009-19 s 66\nsub A2024-29 s 73\nLimitation on rent increases—frequency\ns 64AAA ins A2024-29 s 74\nRent increases—housing commissioner\ns 64AAB ins A2024-29 s 74\nLimitation on rent increases\ns 64B hdg sub A2024-29 s 75\ns 64B ins A2019-5 s 7\nam A2024-29 s 76\nTenant may apply for review\ns 64C ins A2019-5 s 7\nWaiver of notice requirements\ns 65 am A2001-44 amdts 1.3649-1.3651; A2004-58 amdt 2.21;\nA2008-36 amdt 1.595; A2023-5 s 26\nFreezing rents\ns 66 am A2008-36 amdt 1.585\nOrders\ns 67 reloc as s 68A\nGuideline for orders\ns 68 am A2004-58 s 20, amdt 2.22; pars renum R15 LA; A2008-36\namdt 1.595; A2019-5 s 10, s 11; ss renum R58 LA; A2024-29\ns 77\nOrders\ns 68A (prev s 67) am A2008-36 amdt 1.585; A2019-5 s 8\nreloc as s 68A A2019-5 s 9\nEffect of orders\ns 69 am A2008-36 amdt 1.585; A2019-5 s 12, s 13\nFurther increases\ns 70 am A2008-36 amdt 1.585\nReduction of existing rent\ns 71 am A2004-58 s 21; ss renum R10 LA (see A2004-58 s 22);\nA2008-36 amdt 1.595; A2024-29 s 78\n\nRent reduction for lessor’s failure to comply with a minimum housing\nstandard\ns 71AAA ins A2023-5 s 27\nam A2024-29 s 78\nLessor’s consent in certain matters\npt 5AA hdg ins A2019-5 s 14\nDefinitions—pt 5AA\ns 71AA ins A2019-5 s 14\ndef minor modification ins A2019-5 s 14\ndef special modification ins A2019-5 s 14\nProcess for tenant seeking consent—modifications generally\ns 71AB ins A2019-5 s 14\nLessor to apply to ACAT for refusal—special modifications\ns 71AC ins A2019-5 s 14\nTenant may apply to ACAT for review of refusal—other modifications\ns 71AD ins A2019-5 s 14\nProcess for tenant seeking consent—animals\ns 71AE ins A2019-5 s 14\nLessor to apply to ACAT for refusal—animals\ns 71AF ins A2019-5 s 14\nLimitation on lessor’s liability\ns 71AG ins A2019-5 s 14\nOccupancy agreements\npt 5A hdg ins A2004-58 s 23\nWho is grantor?\ns 71A ins A2004-58 s 23\nWho is an occupant?\ns 71B ins A2004-58 s 23\nWhat is an occupancy agreement?\ns 71C ins A2004-58 s 23\nam A2006-40 amdt 1.32; A2013-44 amdt 3.171; A2020-48\ns 23, s 24, amdt 2.2; pars renum R72 LA; A2022-14\namdt 3.205\n(1), note 2 exp 29 January 2022 (s 159)\nCertain types of agreements not occupancy agreements\ns 71CA ins A2020-48 s 25\nam A2021-3 s 39; pars renum R71 LA\nOccupancy agreement—smoke alarms\ns 71CB ins A2020-48 s 25\n\nWhen does an occupancy start and end?\ns 71D hdg sub A2020-48 s 26\ns 71D ins A2004-58 s 23\nam A2020-48 s 27\nApplication of occupancy principles\ns 71E ins A2004-58 s 23\nsub A2020-48 s 28\nOccupancy principles\ns 71EA ins A2020-48 s 28\namA2020-48 amdt 2.3, amdt 2.4; ss renum R72 LA\nCondition report\ns 71EB ins A2020-48 s 28\nPayment of security deposit\ns 71EC ins A2020-48 s 28\nSecurity deposit must be lodged with Territory\ns 71ED ins A2020-48 s 28\nam A2020-48 amdt 2.5, amdt 2.6\nDeductions from security deposit\ns 71EE ins A2020-48 s 28\nReceipts for certain payments\ns 71EF ins A2020-48 s 28\nOccupancy rules, fees, charges and penalties\ns 71EG ins A2020-48 s 28\nOccupant’s access to occupancy premises\ns 71EH ins A2020-48 s 28\nInformation about dispute resolution processes\ns 71EI ins A2020-48 s 28\nEntry by grantor to occupancy premises\ns 71EJ ins A2020-48 s 28\nam A2020-48 amdt 2.7\nTermination of occupancy agreement\ns 71EK ins A2020-48 s 28\nam A2020-48 amdts 2.8-2.10; ss renum R72 LA\nWarrant for eviction—vacant possession order\ns 71EL ins A2020-48 s 28\nam A2022-14 amdt 3.206\nOccupancy agreement—abandonment of premises\ns 71EM ins A2020-48 s 28\nam A2022-14 amdt 3.207\n\nRegulations about occupancy agreements\ns 71F ins A2004-58 s 23\nStandard occupancy terms\ns 71G ins A2004-58 s 23\nom A2020-48 s 29\nOccupant may deposit bond with Territory\ns 71GA ins A2005-43 amdt 1.32\nam A2008-37 amdt 1.425\nom A2020-48 s 29\nResidential parks\npt 5B hdg ins A2020-48 s 30\nDefinitions—pt 5B\ndiv 5B.1 hdg ins A2020-48 s 30\nDefinitions—pt 5B\ns 71H ins A2020-48 s 30\ndef operator ins A2020-48 s 30\ndef residential park agreement ins A2020-48 s 30\ndef site agreement ins A2020-48 s 30\nShared park facilities\ndiv 5B.2 hdg ins A2020-48 s 30\nAccess to shared park facilities\ns 71I ins A2020-48 s 30\nAssignment of interests\ndiv 5B.3 hdg ins A2020-48 s 30\nDefinitions—div 5B.3\ns 71J ins A2020-48 s 30\ndef assignee ins A2020-48 s 30\ndef assignor ins A2020-48 s 30\nAssignment in residential park permitted with consent\ns 71K ins A2020-48 s 30\nConsent to assignment\ns 71L ins A2020-48 s 30\nEffect of assignment\ns 71M ins A2020-48 s 30\nSale of manufactured homes and mobile homes\ndiv 5B.4 hdg ins A2020-48 s 30\nSale of home located on residential park site\ns 71N ins A2020-48 s 30\n\nHome to be removed from park if no site agreement once sold\ns 71O ins A2020-48 s 30\nResolution of residential tenancy and occupancy disputes\npt 6 hdg sub A2004-58 s 24; A2008-36 amdt 1.586\nImportant concepts\ndiv 6.1A hdg ins A2004-58 s 24\nWhat is a tenancy dispute?\ns 71H ins A2004-58 s 24\nWhat is an occupancy dispute?\ns 71I ins A2004-58 s 24\nTribunal to have regard to occupancy principles\ns 71J ins A2004-58 s 24\nImportant concepts\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R2 LA\nMeaning of tenancy dispute\ns 72 sub A2004-58 s 25; A2008-36 amdt 1.586\nam A2020-1 s 12; pars renum R65 LA; A2020-48 s 31\nMeaning of occupancy dispute\ns 73 am A1998-5; A2000-1 sch; A2001-44 amdt 1.3652,\namdt 1.3653, A2004-58 s 26, amdt 2.23; ss renum R10 LA\n(see A2004-58 s 27)\nam A2020-48 amdt 2.11\nOther options for dispute resolution\ns 74 am A2004-58 amdt 2.24\nsub A2008-36 amdt 1.586; A2020-48 s 32\nam A2020-48 amdt 2.12\nAction by registrar\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R2 LA\nAssistance with inquiries about residential tenancy and occupancy\ns 75 am A2004-58 amdt 2.25, amdt 2.26\nam A2022-14 amdt 3.208\n\ndiv 6.3 hdg (prev pt 6 div 4 hdg) renum R2 LA\nJurisdiction of ACAT under this Act etc\ns 76 am A2004-58 amdt 2.27\nam A2020-48 s 33\nSaving of court jurisdiction\ns 77 am A2004-58 amdts 2.28-2.30\nExtended jurisdiction of ACAT with agreement of parties\ns 78 sub A2008-36 amdt 1.586\nam A2013-45 amdt 1.11; A2020-48 s 34\nApplications to ACAT\ndiv 6.4 hdg (prev pt 6 div 5 hdg) renum R2 LA\nWho may apply to ACAT?\ns 79 om A1998-5\nApplications to ACAT by children—application of this Act etc\ns 80 om A1998-5\nPowers and decisions of ACAT\ndiv 6.5 hdg (prev pt 6 div 6 hdg) renum R2 LA\nACAT to assist parties to tenancy and occupancy disputes\ns 81 am A2004-58 amdt 2.31\nDisputes about agreements no longer in force\ns 82 sub A2008-36 amdt 1.586\nOrders by ACAT\ns 83 sub A2005-53 amdt 1.135; A2008-36 amdt 1.586\nam A2020-1 s 13, s 14; A2020-48 ss 35-38; A2023-5 ss 28-31;\npars renum R76 LA; A2024-29 s 79, s 80; A2025-29\namdt 3.266\nNotice of intention to vacate—award of compensation\ns 84 am A2004-58 amdt 2.32\nam A2016-50 s 21, s 22; A2020-1 s 15; ss renum R62 LA;\nA2023-5 s 32, s 33; A2024-29 ss 81-84; ss renum R78 LA\n\nPowers and decisions of ACAT—protection orders\ndiv 6.5A hdg ins A2016-50 s 23\nDefinitions—div 6.5A\ns 85 am A2004-58 amdt 2.32\nsub A2008-36 amdt 1.586; A2016-50 s 24; A2023-5 s 34\ndef FV Act ins A2016-50 s 24\ndef protected person ins A2016-50 s 24\nsub A2023-5 s 34\ndef protection order ins A2016-50 s 24\ndef PV Act ins A2016-50 s 24\ndef respondent ins A2016-50 s 24\nsub A2023-5 s 34\nNew tenancy agreement—family violence and protection orders\ns 85A ins A2016-50 s 24\nam A2019-5 s 15, s 16; A2023-5 s 35\nApplications under s 85A—ACAT orders\ns 85B ins A2016-50 s 24\nam A2020-1 ss 16-18\nEnforcement of ACAT orders\ndiv 6.6 hdg orig div 6.6 hdg\n(prev pt 6 div 7 hdg) renum as div 6.6 hdg and then sub as\npt 6B hdg\npres div 6.6 hdg\nFailure to comply with ACAT orders\ns 86 sub A2008-36 amdt 1.586\nTenancy databases\npt 6A hdg ins A2005-39 s 19\nEnforcement\npt 6B hdg (prev pt 6 div 7 hdg) renum as div 6.6 hdg R2 LA\nsub as pt 6B hdg A2005-39 s 20\nResidential tenancy databases\npt 7 hdg om A2008-36 amdt 1.587\nResidential tenancies tribunal\ndiv 7.1 hdg (prev pt 7 div 1 hdg) renum R2 LA\n\nDefinitions—pt 7\ns 87 am A2004-58 amdt 2.32\ndef agent ins A2011-31 s 5\ndef database ins A2011-31 s 5\ndef database operator ins A2011-31 s 5\ndef inaccurate ins A2011-31 s 5\ndef list ins A2011-31 s 5\ndef out of date ins A2011-31 s 5\ndef personal information ins A2011-31 s 5\ndef rental bond ins A2011-31 s 5\ndef residential tenancy database ins A2011-31 s 5\nApplication—pt 7\ns 88 am A2000-17 sch 1, A2004-58 amdt 2.32\nNotice of usual use of database\ns 89 hdg am A2000-17 sch 1\ns 89 am A2000-17 sch 1\nNotice of listing if database used\ns 90 om A2008-36 amdt 1.586\nListing can be made only for certain breaches by certain people\ns 91 am A2004-58 amdt 2.32\nFurther restriction on listing\ns 92 am A2004-58 amdt 2.32\nEnsuring quality of listing—lessor’s or agent’s obligation\ns 93 om A2008-36 amdt 1.586\nEnsuring quality of listing—database operator’s obligation\ns 94 om A2008-36 amdt 1.586\nProviding copy of personal information listed\ns 95 om A2008-36 amdt 1.586\n\nNotifying relevant non-parties of tribunal order about listing\ns 96 sub A2005-53 amdt 1.36\n(4), (5) exp 23 November 2006 (s 96 (5))\nAppearance by audiovisual or audio links\ns 96A ins A1999-22 s 34\nam A2000-17 sch 1; A2003-48 amdt 2.17\nKeeping personal information listed\ns 97 sub A2005-53 amdt 1.37\nam A2014-49 amdt 1.31, amdt 1.32\nApplication to ACAT about contravention\ns 98 om A2008-36 amdt 1.586\nApplication to ACAT about certain personal information listed in residential\ntenancy database\ns 99 om A2008-36 amdt 1.586\nam A2016-42 amdt 3.90\nApplication to ACAT about proposed listing of personal information\ns 100 om A2008-36 amdt 1.586\nOrder for compensation\ns 101 am A2004-58 amdt 2.33\nRegistration of standard guarantee contract for commercial guarantee\npt 8 hdg ins A2017-32 amdt 2.4\nMeaning of commercial guarantee and standard guarantee contract\ns 102 am A2001-44 amdts 1.3654-1.3656; A2004-58 ss 28-30; pars\nrenum R10 LA (see A2004-58 s 31); A2008-22 amdt 1.54\nApplication for registration of standard guarantee contract\ns 103 am A2001-44 amdts 1.3657-1.3659; A2004-58 amdt 2.34\nam A2018-20 s 6, s 7; A2025-29 amdt 4.152\n\nCommissioner must decide application\ns 104 am A2001-44 amdt 1.3660, A2004-58 s 32, amdts 2.35-2.38;\npars renum R10 LA (see A2004-58 s 33); A2005-60\namdt 1.130\nTribunal may refer matters to other entities\ns 104A ins A2004-58 s 34\nTribunal to record details of order\ns 104B ins A2004-58 s 34\nRegister of standard guarantee contracts\ns 105 sub A2004-58 s 34\nRelationship to Australian Consumer Law (ACT)\ns 106 am A2004-58 amdt 2.39\nNotice of intention to vacate—award of compensation\ns 107 om A2008-36 amdt 1.586\nSubstitution of tenant\ns 107A ins A2005-39 s 18\nam A2007-8 amdt 1.16\nDefinitions for pt 6A\ns 107B ins A2005-39 s 19\ndef personal information ins A2005-39 s 19\ndef tenancy database ins A2005-39 s 19\nNon-application to internal databases\ns 107C ins A2005-39 s 19\nam A2007-8 amdt 1.19\nRestriction on inclusion of personal information\ns 107D ins A2005-39 s 19\n\nApplication to ACAT about contravention\ns 107E hdg am A2008-36 amdt 1.595\ns 107E ins A2005-39 s 19\nApplication to ACAT about incorrect or unjust inclusion in database\ns 107F hdg am A2008-36 amdt 1.595\ns 107F ins A2005-39 s 19\nApplication to ACAT about proposed inclusion of personal information\ns 107G hdg am A2008-36 amdt 1.595\ns 107G ins A2005-39 s 19\nOrder for compensation\ns 107H ins A2005-39 s 19\nFailure to comply with tribunal orders\ns 108 sub A2005-54 amdt 1.231\nOrders for payment of money\ns 109 om A2008-36 amdt 1.587\nEstablishment\ns 110 om A2008-36 amdt 1.587\nConstitution\ns 111 om A2008-36 amdt 1.587\nMembership\ns 112 am A2002-11 amdt 2.87; A2004-58 s 35; A2008-22 amdt 1.55;\nA2008-28 amdt 3.152, amdt 3.153\nActing president\ns 113 om A2008-28 amdt 3.154\nRegistrar and deputy registrar\ns 114 sub A1999-66 sch 3\nam A2006-40 amdt 1.33\n\nJurisdiction of tribunal generally\ns 115 am A1999-66 sch 3; A2004-58 amdt 2.40, amdt 2.41\nsub A2006-40 amdt 1.34\nSaving of court jurisdiction\ns 115A orig s 115A renum as s 115C\nins A2006-40 amdt 1.34\nExtended jurisdiction of tribunal with agreement of parties\ns 115B ins A2006-40 amdt 1.34\nDisputes about agreements no longer in force\ns 115C (prev s 115A) ins A2004-58 s 36\nrenum A2006-40 amdt 1.35\nDecisions on matters agreed to by parties\ns 115D ins A2008-7 amdt 1.75\nReferees\ndiv 7.2 hdg (prev pt 7 div 2 hdg) renum R2 LA\nReferees\ns 116 am A1997-96 sch 1; A2004-58 amdt 2.42; A2005-39 s 21;\nA2008-28 amdt 3.155, amdt 3.156; ss renum R29 LA\nRegistrar and deputy registrars\ndiv 7.3 hdg (prev pt 7 div 3 hdg) renum R2 LA\nFunctions and powers\ns 117 am A2004-58 s 37, amdt 2.43, amdt 2.44\nPresident’s involvement\ns 118 om A2008-36 amdt 1.587\nDeputy registrars\ns 119 om A2008-28 amdt 3.157\nOther matters about tribunal\ndiv 7.4 hdg (prev pt 7 div 3 hdg) renum R1 LRA\nrenum R2 LA\n\nProcedure generally\ns 120 am A2001-44 amdt 1.3661, amdt 1.3662\nsub A2004-58 s 38\nInformality of procedures\ns 121 om A2008-28 amdt 3.157\nContempt of tribunal\ns 122 sub A2005-53 amdt 1.38\nApplication of Criminal Code, ch 7\ns 122A ins A2005-53 amdt 1.38\nProtection of members etc\ns 123 om A2008-28 amdt 3.157\nApproved forms—registrar\ns 123A ins A2001-44 amdt 1.3663\nam A2008-28 amdt 3.158\nReferrals and appeals to Supreme Court\npt 8 hdg om A2008-36 amdt 1.587\nReferral of questions of law\ns 124 sub A2004-60 amdt 1.626\nAppeals from tribunal decisions\ns 125 sub A2004-60 amdt 1.626\nam A2004-58 s 39 (as am by A2005-20 amdt 3.340)\n(5), (6) exp 10 January 2006 (s 125 (6))\nsub A2006-40 amdt 2.170\nDeclared crisis accommodation provider\ns 126 om A2004-60 amdt 1.626\nins A2005-39 s 22\nam A2011-28 amdt 3.211; A2025-29 amdt 4.152\nDeath of co-tenant\ns 127 sub A2020-48 s 39\nTransfer of public housing under will\ns 127A ins A2005-39 s 23\nam A2007-8 amdt 1.17, amdt 1.19; A2008-36 amdt 1.595\n\nPurported co-tenancy, assignment or subletting\ns 128 am A2004-58 amdt 2.45; A2008-36 amdt 1.595\nsub A2020-48 s 40\nAdmissibility of evidence given before approved mediator etc\ns 129 am A2005-53 amdt 1.39\nsub A2005-54 amdt 1.232\nom A2008-36 amdt 1.588\nFalse information\ns 130 om A2005-53 amdt 1.40 (see also A2005-54 amdt 1.233)\nProceedings by children\ns 131 sub A2004-60 amdt 1.627\nApproved forms—Minister\ns 133 sub A2001-44 amdt 1.3664\n(4)-(7) exp 12 September 2002 (s 133 (7))\nam A2008-36 amdt 1.595; A2011-28 amdt 3.211; A2025-29\namdt 4.152\nDetermination of fees\ns 134 om A2004-58 s 40\nins A2017-32 amdt 2.5\nDetermined fees\ns 135 om A2000-1 sch\nRegulation-making power\ns 136 am A2001-44 amdt 1.3665, amdt 1.3666; A2005-39 s 24;\nA2008-36 amdt 1.589; A2017-32 amdt 2.6; A2020-1 s 19;\nA2023-5 s 36, s 37; A2025-29 amdt 4.152\nTransitional\npt 10 hdg ins A2004-58 s 41\nOccupancy agreements\ns 137 ins A2004-58 s 41\nDisposal of condition reports held by Territory\ns 138 ins A2004-58 s 41\nexp 8 April 2005 (s 139)\nExpiry of pt 10\ns 139 ins A2004-58 s 41\n\nTransitional—Asbestos Legislation Amendment Act 2006\npt 11 hdg ins A2006-16 amdt 1.49\nExisting residential tenancy agreements—lessor must provide asbestos\ninformation\ns 140 ins A2006-16 amdt 1.49\nExpiry—pt 11\ns 141 ins A2006-16 amdt 1.49\nValidation\npt 12 hdg ins A2009-7 amdt 1.36\nValidation of selection\ns 142 ins A2009-7 amdt 1.36\nExpiry—pt 12\ns 143 ins A2009-7 amdt 1.36\nTransitional—Residential Tenancies Legislation Amendment Act 2016\npt 13 hdg ins A2016-50 s 25\nDefinitions—pt 13\ns 144 ins A2016-50 s 25\nExisting residential tenancy agreements—lessor to install smoke alarms\ns 145 ins A2016-50 s 25\nam A2017-28 amdt 1.5\nExisting residential tenancy agreements—tenant to replace smoke alarm\nbatteries\ns 146 ins A2016-50 s 25\nam A2017-28 amdt 1.5\nExpiry—pt 13\ns 147 ins A2016-50 s 25\nTransitional—Statute Law Amendment Act 2017 (No 2)\npt 14 hdg ins A2017-28 amdt 1.6\n\nMeaning of commencement day—pt 14\ns 148 ins A2017-28 amdt 1.6\nResidential tenancy agreement entered contrary to s 11B\ns 149 ins A2017-28 amdt 1.6\nExpiry—pt 14\ns 150 ins A2017-28 amdt 1.6\nTransitional—Residential Tenancies Amendment Act 2018\npt 15 hdg ins A2018-20 s 8\nMeaning of commencement day—pt 15\ns 151 ins A2018-20 s 8\nsub A2018-20 s 9\nApplications for registration of standard guarantee contract\ns 152 ins A2018-20 s 8\nRegistered standard guarantee contracts\ns 153 ins A2018-20 s 8\nConditional termination and possession orders in force immediately before\ncommencement day\ns 154 ins A2018-20 s 8\nsub A2018-20 s 10\nExpiry—pt 15\ns 155 ins A2018-20 s 10\nCOVID-19 emergency response\npt 16 hdg ins A2020-11 amdt 1.64\nexp 29 December 2022 (s 156 (6))\nDeclaration—COVID-19 emergency response\ns 156 ins A2020-11 amdt 1.64\nam A2020-14 amdt 1.123, amdt 1.124\nexp 29 December 2022 (s 156 (6))\nExpiry—pt 16\ns 157 ins A2020-11 amdt 1.64\nom A2020-14 amdt 1.125\n\nTransitional—Residential Tenancies Amendment Act 2020 (No 2)\npt 17 hdg ins A2020-48 s 41\nEducation provider occupancy agreements\ns 158 ins A2020-48 s 41\nExpiry—pt 17\ns 159 ins A2020-48 s 41\nTransitional—Residential Tenancies Amendment Act 2020 (No 2)\npt 18 ins A2020-48 s 42\nMeaning of commencement day—pt 18\ns 160 ins A2020-48 s 42\nPayment orders in relation to applications for termination and possession\norders undecided before commencement\ns 161 ins A2020-48 s 42\nExpiry—pt 18\ns 162 ins A2020-48 s 42\nTransitional—Residential Tenancies Legislation Amendment Act 2023\npt 19 hdg ins A2023-5 s 38\nNotice to vacate served before commencement day continues in force\ns 163 ins A2023-5 s 38\nFixed term agreement entered into before commencement day\ns 163A ins A2023-57 s 40\nExpiry—pt 19\ns 164 ins A2023-5 s 38\nStandard residential tenancy terms\nsch 1 hdg (prev sch hdg) renum R2 LA\nsub A2004-58 amdt 1.1\nsch 1 cl 13 am A1999-66 sch 3; A2000-17 sch 1; A2001-17 amdt 2.17;\nA2011-41 amdt 5.30; A2017-32 amdt 2.7; A2021-3 s 40\nsch 1 cl 19 am A2017-32 amdt 3.5, amdt 3.6\nsch 1 cl 20 am A2004-58 amdt 1.2, amdt 1.3; A2017-32 amdt 3.7\n\nsch 1 cl 21 am A2004-58 amdt 1.4; A2025-22 s 26\nsch 1 cl 22 am A2004-58 amdt 1.5\nsch 1 cl 22A ins A2024-29 s 85\nsch 1 cl 23 sub A2005-39 s 25; A2024-29 s 85\nsch 1 cl 23A ins A2016-50 s 26\nam A2024-29 s 86\nsch 1 cl 24 am A2020-48 s 43\nsch 1 cl 26 am A2004-58 amdt 1.6\nsch 1 cl 28 am A2020-1 s 20\nsch 1 cl 30 am A2004-58 amdt 1.7\nsch 1 cl 31 am A2004-58 amdt 1.8\nsch 1 cl 34 sub A2024-29 s 87\nsch 1 cl 35 sub A2024-29 s 88\nsch 1 cl 36 am A2007-8 amdt 1.18; A2024-29 s 89, s 90\nsch 1 cl 37 sub A2024-29 s 91\nsch 1 cl 38 sub A2024-29 s 92\nam A2025-22 s 27\nsch 1 cl 41 am A2024-29 s 93\nsch 1 cl 43 am A2004-58 amdt 1.9\nsch 1 cl 45 sub A2001-17 amdt 2.18\nsch 1 cl 53A ins A2016-50 s 27\nam A2017-28 amdt 1.7\nsch 1 cl 54 am A2004-58 amdt 1.10; subcl renum R16 LA (see A2004-58\namdt 1.11); A2016-50 s 28; A2022-14 amdt 3.209\nsch 1 cl 55 am R1 LA; R2 LA; A2005-39 s 26\nsch 1 cl 58 sub A2001-17 amdt 2.19\nsch 1 cl 60 am A2020-1 s 21\nsch 1 cl 62A ins A2023-5 s 39\nsch 1 cl 63A ins A2016-50 s 29\nsch 1 cl 66 sub A2001-17 amdt 2.20\nam A2004-58 amdt 1.12\nsub A2011-41 amdt 5.31; A2020-4 s 49\nsch 1 cl 67 sub A2019-5 s 17\nsch 1 cl 70 am A2020-1 s 22; A2025-22 s 28\nsch 1 cl 71 am A2004-58 amdt 1.13\nsch 1 cl 72A ins A2020-48 s 44\nsch 1 cl 72B ins A2020-48 s 44\nsch 1 cl 74A ins A2019-5 s 18\nsch 1 cl 74B ins A2019-5 s 18\nsch 1 cl 79 am A2004-58 amdt 1.14\nsch 1 cl 80 am A2004-58 amdt 1.15\nsch 1 cl 81 sub A2020-1 s 23\nsch 1 cl 81A ins A2020-1 s 23\nsch 1 cl 82 am A2004-58 amdt 1.16; A2023-5 s 40\nsch 1 cl 83 am A2023-5 s 41\nsch 1 cl 84 am A2024-29 s 94, s 95\nsch 1 cl 85 am A2023-5 s 42\n\nsub A2024-29 s 96\nam A2025-22 s 29\nsch 1 cl 86 am A2023-5 s 43; A2025-22 s 30\nsch 1 cl 89A ins A2024-29 s 97\nam A2025-22 s 31, s 32\nsch 1 cl 91 am A2004-58 amdt 1.17\nsch 1 cl 92 am A2004-58 amdts 1.18-1.22\nsch 1 cl 93 am A2004-58 amdt 1.23\nsch 1 cl 94 om A2023-5 s 44\nsch 1 cl 95 sub A2019-5 s 19\nom A2023-5 s 44\nsch 1 cl 96 am A2004-58 amdt 1.24, amdt 1.25; A2019-5 s 20; A2020-1\ns 24\nsub A2023-5 s 45\nam A2025-22 s 33\nsch 1 cl 97 am A2025-22 s 34\nsch 1 cl 98 am A2004-58 amdt 1.26\nsub A2023-57 s 41\nsch 1 cl 100 am A2022-21 s 24\nAdditional terms for certain residential tenancy agreements\nsch 2 ins A2023-5 s 46\nPosting termination clauses\nsch 2 s 2.1 orig sch 2 s 2.1\nom A2024-29 s 98\npres sch 2 s 2.1\n(prev sch 2 s 2.2) renum as sch 2 s 2.1 A2024-29 s 99\nsch 2 s 2.1 hdg sub A2025-22 s 35\nsch 2 cl 102 sub A2025-22 s 35\nsch 2 cl 102A ins A2025-22 s 35\nCommunity housing provider termination clause\nsch 2 s 2.2 orig sch 2 s 2.2\nrenum as sch 2 s 2.1\npres sch 2 s 2.2\n(prev sch 2 s 2.3) renum as sch 2 s 2.2 A2024-29 s 99\nsch 2 cl 103 am A2025-22 ss 36-38\nPublic housing termination clauses\nsch 2 s 2.3 orig sch 2 s 2.3\nrenum as sch 2 s 2.2\npres sch 2 s 2.3\n(prev sch 2 s 2.4) renum as sch 2 s 2.3 A2024-29 s 99\nsch 2 cl 104 am A2025-22 s 39, s 40\nsch 2 cl 105 am A2025-22 s 41\n\nTemporary housing assistance termination clause\nsch 2 s 2.4 orig sch 2 s 2.4\nrenum as sch 2 s 2.3\npres sch 2 s 2.4\n(prev sch 2 s 2.5) renum as sch 2 s 2.4 A2024-29 s 99\nsch 2 cl 106A am A2025-22 s 42\nsch 2 cl 107 am A2025-22 s 43\nSubsidised accommodation clauses\nsch 2 s 2.5 orig sch 2 s 2.5\nsch 2 cl 106A ins A2023-57 s 42\nsch 2 cl 107 am A2023-57 s 43\nrenum as sch 2 s 2.4\npres sch 2 s 2.5\n(prev sch 2 s 2.6) renum as sch 2 s 2.5 A2024-29 s 99\nsch 2 cl 111 am A2025-22 s 44\nsch 2 cl 112 am A2025-22 s 45\nSubsidised accommodation clauses\nsch 2 s 2.6 renum as sch 2 s 2.5\ndict ins A2004-58 s 42\nam A2008-36 amdt 1.590; A2011-22 amdt 1.384; A2011-28\namdt 3.212; A2013-44 amdt 3.172; A2017-4 amdt 3.172;\nA2016-50 s 30; A2017-32 amdt 2.8; A2019-5 s 21; A2020-48\ns 45; A2023-5 s 47\ndef ACAT trust account ins A2008-37 amdt 1.426\ndef affected residential premises ins A2015-6 amdt 1.18\nsub A2020-20 s 54\ndef affected residential premises register ins A2015-6\namdt 1.18\nsub A2020-20 s 54\ndef agent ins A2011-31 s 7\ndef approved mediator sub A1998-5 s 4\nom A2008-36 amdt 1.591\ndef asbestos advice ins A2006-16 amdt 1.50\nom A2011-28 amdt 3.213\ndef asbestos assessment report ins A2006-16 amdt 1.50\nom A2011-28 amdt 3.213\ndef assignee ins A2020-48 s 46\ndef assignor ins A2020-48 s 46\ndef bond reloc from s 3 A2004-58 s 6\ndef bond release application ins A2016-50 s 31\ndef break lease fee clause ins A2024-29 s 100\ndef class ins A2015-6 amdt 1.18\ndef commercial guarantee ins A2017-32 amdt 2.9\n\ndef commissioner reloc from s 3 A2004-58 s 6\nom A2017-32 amdt 2.10\ndef competent person ins A2024-29 s 100\ndef competent person declaration ins A2024-29 s 100\ndef condition report ins A2024-29 s 100\ndef conditional termination and possession order ins\nA2008-22 amdt 1.56\nam A2011-28 amdt 3.214\nom A2018-20 s 11\ndef consecutive tenancy agreement ins A2024-29 s 100\ndef co-tenant ins A2020-48 s 46\ndef crisis accommodation ins A2005-39 s 27\ndef database ins A2011-31 s 7\ndef database operator ins A2011-31 s 7\ndef defective termination notice ins A2023-5 s 48\nam A2023-57 s 44; A2024-29 s 101; pars renum R78 LA\ndef education provider ins A2020-48 amdt 2.13\ndef eligible impacted property ins A2015-42 s 55\ndef energy efficiency rating ins A1997-122 s 4\ndef energy efficiency rating statement ins A2004-58 s 42\nsub A2010-32 s 39\ndef enforcement condition ins A2005-39 s 27\nom A2008-22 amdt 1.57\ndef family violence ins A2024-29 s 102\ndef family violence order ins A2023-5 s 48\nsub A2024-29 s 103\ndef family violence termination notice ins A2024-29 s 104\ndef fixed term agreement reloc from s 3 A2004-58 s 6\ndef former lessor reloc from s 3 A2004-58 s 6\ndef former tenant reloc from s 3 A2004-58 s 6\ndef FV Act ins A2016-50 s 31\nom A2023-5 s 49\ndef grantor ins A2004-58 s 42\ndef housing assistance ins A2023-5 s 50\ndef inaccurate ins A2011-31 s 7\ndef lessor ins A2004-58 s 42\ndef list ins A2011-31 s 7\ndef manufactured home ins A2020-48 s 46\ndef member of the tribunal reloc from s 3 A2004-58 s 6\nom A2008-36 amdt 1.591\ndef minimum housing standards ins A2023-5 s 51\ndef minor modification ins A2019-5 s 22\ndef mobile home reloc from s 3 A2004-58 s 6\nsub A2020-48 s 47\ndef mobile home park reloc from s 3 A2004-58 s 6\n\ndef notice of continuing tenancy ins A2024-29 s 104\nam A2025-2 s 47\ndef occupancy agreement ins A2004-58 s 42\ndef occupancy dispute ins A2004-58 s 42\nsub A2008-36 amdt 1.592\nam A2011-28 amdt 3.215\ndef occupancy principles ins A2004-58 s 42\nsub A2020-48 s 47\ndef occupant ins A2004-58 s 42\ndef operator ins A2020-48 s 48\ndef original condition report ins A2024-29 s 104\ndef out of date ins A2011-31 s 7\ndef party reloc from s 3 A2004-58 s 6\ndef payment order ins A2018-20 s 12\ndef periodic agreement reloc from s 3 A2004-58 s 6\nom A2017-4 amdt 3.173\nins A2020-1 s 25\ndef personal information ins A2005-39 s 27\nsub A2011-31 s 8\ndef personal protection order ins A2023-5 s 52\ndef preliminary conference reloc from s 3 A2004-58 s 6\ndef premises reloc from s 3 A2004-58 s 6\ndef president reloc from s 3 A2004-58 s 6\ndef protected person ins A2016-50 s 31\nam A2023-5 s 53\ndef protection order ins A2016-50 s 31\nsub A2023-5 s 54\ndef publish ins A2023-5 s 55\ndef PV Act ins A2016-50 s 31\nom A2023-5 s 56\ndef referee reloc from s 3 A2004-58 s 6\ndef registered community housing provider ins A2020-48\ns 48\ndef registrar sub A1999-66 sch 3\nsub A2008-36 amdt 1.594\ndef rental bond ins A2011-31 s 9\ndef rental rate increase ins A2024-29 s 104\ndef residential park ins A2020-48 s 48\ndef residential park agreement ins A2020-48 s 48\ndef Residential Tenancies Act ins A2025-22 s 46\ndef residential tenancy agreement ins A2004-58 s 42\ndef residential tenancy database ins A2011-31 s 9\n\ndef respondent ins A2016-50 s 31\nam A2023-5 s 57\ndef site agreement ins A2020-48 s 48\ndef social housing dwelling ins A2020-48 s 48\ndef special modification ins A2019-5 s 22\ndef standard guarantee contract ins A2017-32 amdt 2.11\ndef standard occupancy terms ins A2004-58 s 42\nom A2020-48 s 49\ndef standard residential tenancy terms ins A2004-58 s 42\nsub A2023-5 s 58\nam A2024-29 s 105\ndef subsequent condition report ins A2024-29 s 106\ndef supporting document ins A2024-29 s 106\ndef temporary housing assistance ins A2023-5 s 59\ndef tenancy database ins A2005-39 s 27\nsub A2011-28 amdt 3.216\nom A2011-31 s 10\ndef tenancy dispute ins A2004-58 s 42\nsub A2008-36 amdt 1.594\ndef tenant ins A2004-58 s 42\ndef termination and possession order reloc from s 3\nA2004-58 s 6\nam A2019-5 s 23\ndef termination notice am A2001-44 s 1.3632\nsub A2023-5 s 60; A2024-29 s 107\ndef tribunal reloc from s 3 A2004-58 s 6\nsub A2008-36 amdt 1.594; A2025-22 s 47\ndef trust account reloc from s 3 A2004-58 s 6\nam A2011-22 amdt 1.385\ndef vacating day ins A2024-29 s 108\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n31 Mar 1999–\n31 Aug 1999\nA1998-5 amendments by\nA1997-96,\nA1997-122 and\nA1998-5\nR0B\n1 Sept 1999–\n9 Nov 1999\nA1999-22 amendments by\nA1999-22\nR0C\n10 Nov 1999–\nA1999-66 amendments by\nA1999-66\nR0D\n1 June 2000–\n8 Sept 2000\nA2000-17 amendments by\nA2000-17\nR0E\n9 Sept 2000–\n13 Nov 2000\nA2000-17 amendments by\nA2000-1\n14 Nov 2000\n14 Nov 2000–\n11 Sept 2001\nA2000-17 includes editorial\namendments under\nLegislation Act\nR1 (RI)\n14 Nov 2000–\n11 Sept 2001\nA2000-17 reissue of printed\nversion\n4 Feb 2002\n12 Sept 2001–\nA2001-44 amendments by\nA2001-44\n28 May 2002–\n12 Sept 2002\nA2002-11 amendments by\nA2002-11\n13 Sept 2002\n13 Sept 2002–\n16 Sept 2002\nA2002-27 commenced expiry\n3 Oct 2002\n17 Sept 2002–\n6 Oct 2002\nA2002-30 amendments by\nA2002-30\n\nfor\nR6*\n7 Oct 2002\n7 Oct 2002–\n29 Apr 2004\nA2002-30 amendments by\nA2002-27\n30 Apr 2004\n30 Apr 2004–\n31 Aug 2004\nA2004-13 amendments by\nA2003-48\n1 Sept 2004\n1 Sept 2004–\n9 Jan 2005\nA2004-13 amendments by\nA2004-13\n10 Jan 2005\n10 Jan 2005–\n7 Mar 2005\nA2004-60 amendments by\nA2004-60\n8 Mar 2005\n8 Mar 2005–\n8 Apr 2005\nA2004-60 amendments by\nA2004-58\nR10 (RI)\n8 Mar 2005–\n8 Apr 2005\nA2004-60 reissue for\nA2005-20\n9 Apr 2005\n9 Apr 2005–\n30 Sept 2005\nA2004-60 commenced expiry\nR11 (RI)\n9 Apr 2005–\n30 Sept 2005\nA2004-60 reissue for\nA2005-20\n1 Oct 2005\n1 Oct 2005–\n22 Nov 2005\nA2005-43 amendments by\nA2005-43\n23 Nov 2005\n23 Nov 2005–\n23 Nov 2005\nA2005-54 amendments by\nA2005-53\n24 Nov 2005\n24 Nov 2005–\n21 Dec 2005\nA2005-54 amendments by\nA2005-54\n22 Dec 2005\n22 Dec 2005–\n31 Dec 2005\nA2005-60\n1 Jan 2006\n1 Jan 2006–\n10 Jan 2006\nA2004-58 and\nA2005-39\n11 Jan 2006\n11 Jan 2006–\n27 Feb 2006\n28 Feb 2006\n28 Feb 2006–\n8 Mar 2006\nA2005-39\n\nfor\n9 Mar 2006\n9 Mar 2006–\n22 Mar 2006\nR20*\n23 Mar 2006\n23 Mar 2006–\n1 July 2006–\n28 Sept 2006\nA2006-24 amendments by\nA2006-16\nA2006-24\n29 Sept 2006\n29 Sept 2006–\n18 Oct 2006\nA2006-40 amendments by\nA2006-40\n19 Oct 2006\n19 Oct 2006–\n23 Nov 2006\nA2006-40 amendments by\nA2006-40\n24 Nov 2006\n24 Nov 2006–\nA2006-40 commenced expiry\n2 July 2007–\n9 Nov 2007\nA2007-8 commenced expiry\n10 Nov 2007\n10 Nov 2007–\nA2007-8 amendments by\nA2007-8\n7 May 2008–\nA2008-7 amendments by\nA2008-7\n29 July 2008–\n25 Aug 2008\nA2008-22 amendments by\nA2008-22\n26 Aug 2008\n26 Aug 208–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\nR30*\n2 Feb 2009\n2 Feb 2009–\n5 Mar 2009\nA2008-37 amendments by\nA2008-36 and\nA2008-37\n6 Mar 2009\n6 Mar 2009–\n6 Mar 2009\nA2009-7 amendments by\nA2009-7\n7 Mar 2009\n7 Mar 2009–\n28 Sept 2009\nA2009-7 commenced expiry\n29 Sept 2009\n29 Sept 2009–\n21 Dec 2009\nA2009-19 amendments by\nA2009-19\n\nfor\n22 Dec 2009\n22 Dec 2009–\n28 Feb 2011\nA2009-44 amendments by\nA2009-44\nR35*\n1 Mar 2011\n1 Mar 2011–\nA2010-32 amendments by\nA2010-32\n1 July 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n28 Feb 2012\nA2011-28 amendments by\nA2011-28\n29 Feb 2012\n29 Feb 2012–\n29 Mar 2012\nA2011-31 amendments by\nA2011-31\n30 Mar 2012\n30 Mar 2012–\nA2011-41 amendments by\nA2011-41\n5 June 2012–\n3 Mar 2013\nA2012–21 amendments by\nA2012–21\nR41*\n4 Mar 2013\n4 Mar 2013–\n11 Nov 2013\nA2013-7 amendments by\nA2013-7\n12 Nov 2013\n12 Nov 2013–\n24 Nov 2013\nA2013-45 amendments by\nA2013-45\n25 Nov 2013\n25 Nov 2013–\n16 Nov 2014\nA2013-45 amendments by\nA2013-44\n17 Nov 2014\n17 Nov 2014–\n16 Apr 2015\nA2014-49 amendments by\nA2014-49\n17 Apr 2015\n17 Apr 2015–\n12 Nov 2015\nA2015-6 amendments by\nA2015-6\n13 Nov 2015\n13 Nov 2015–\n8 Mar 2017\nA2015-42 amendments by\nA2015-42\n9 Mar 2017\n9 Mar 2017–\n30 Apr 2017\nA2017-4 amendments by\nA2017-4\n1 Mar 2017\n1 Mar 2017–\n23 Aug 2017\nA2017-10 amendments by\nA2016-42\nA2017-10\n\nfor\n24 Aug 2017\n24 Aug 2017–\n13 Sept 2017\nA2017-10 amendments by\nA2016-50 and\nA2017-5\nR49A\n14 Sept 2017\n14 Sept 2017–\n10 Oct 2017\nA2017-32 retrospective\n11 Oct 2017\n11 Oct 2017–\n23 Feb 2018\nA2017-28 amendments by\nA2017-28\nR50 (RI)\n7 Nov 2017\n11 Oct 2017–\n23 Feb 2018\nA2017-28 reissued for\namendments made\nby A2017-32\n24 Feb 2018\n24 Feb 2018–\nA2017-32 amendments by\n7 May 2018–\nA2017-32 amendments by\n15 June 2018–\n24 Aug 2018\nA2018-20 amendments by\nA2018-20\n25 Aug 2018\n25 Aug 2018–\n11 Oct 2018\nA2018-20 expiry of\nprovisions (pt 13)\n12 Oct 2018\n12 Oct 2018–\n13 Dec 2018\nA2018-20 expiry of\nprovisions (pt 14)\n14 Dec 2018\n14 Dec 2018–\nA2018-20 amendments by\nA2018-20\n21 June 2019–\n31 Oct 2019\nA2019-17 amendments by\nA2019-17\n1 Nov 2019\n1 Nov 2019–\n14 Dec 2019\nA2019-17 amendments by\nA2019-5\n15 Dec 2019\n15 Dec 2019–\n5 Apr 2020\nA2019-17 expiry of\nprovisions (pt 15)\n6 Apr 2020\n6 Apr 2020–\n7 Apr 2020\nA2020-1 amendments by\n\nfor\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\n5 May 2020–\nA2020-11 amendments by\n14 May 2020–\nA2020-14 amendments by\nA2020-14\n1 July 2020–\n24 Aug 2020\nA2020-20 amendments by\nA2020-20\n25 Aug 2020\n25 Aug 2020–\n3 Sept 2020\nA2020-20 amendments by\n4 Sept 2020\n4 Sept 2020–\n4 Oct 2020\nA2020-48 amendments by\nA2020-48\n5 Oct 2020\n5 Oct 2020–\n31 Oct 2020\nA2020-48 expiry of\nprovisions (pt 18)\n1 Nov 2020\n1 Nov 2020–\n25 Feb 2021\nA2020-48 amendments by\nA2020-4 and\nA2020-42\n26 Feb 2021\n26 Feb 2021–\n26 Feb 2021\nA2021-3\n27 Feb 2021\n27 Feb 2021–\n2 Mar 2021\nA2020-44\n3 Mar 2021\n3 Mar 2021–\n29 Jan 2022\nA2020-48 and\nA2021-3\n30 Jan 2022\n30 Jan 2022–\n23 Aug 2022\nA2020-48 and\nexpiry of\nprovisions (pt 17\nand s 71C (1), note\n2)\n\nfor\n24 Aug 2022\n24 Aug 2022–\n9 Dec 2022\nA2022-14 amendments by\nA2022-14\n10 Dec 2022\n10 Dec 2022–\n29 Dec 2022\nA2022-21 amendments by\nA2022-21\n30 Dec 2022\n30 Dec 2022–\n31 Mar 2023\nA2022-21 expiry of provisions\n(pt 16)\n1 Apr 2023\n1 Apr 2023–\n11 Dec 2023\nA2023-5 amendments by\nA2023-5\n12 Dec 2023\n12 Dec 2023–\n9 Dec 2024\nA2023-57 amendments by\nA2023-57\n10 Dec 2024\n10 Dec 2024–\n8 Jan 2025\nA2024-29 amendments by\nA2024-29\n9 Jan 2025\n9 Jan 2025–\n26 Feb 2025\nA2024-29 amendments by\nA2024-29\n27 Feb 2025\n27 Feb 2025–\n1 Apr 2025\nA2025-2 amendments by\nA2025-2\n2 Apr 2025\n2 Apr 2025–\n11 Oct 2025\nA2025-2 expiry of\nprovisions (pt 19)\n12 Oct 2025\n12 Oct 2025–\n31 Oct 2025\nA2025-22 amendments by\nA2025-22\n1 Nov 2025\n1 Nov 2025–\n25 Nov 2025\nA2025-22 amendments by\nA2025-22\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":197}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act's original 1997 focus was on standard residential tenancy agreements, bonds, basic termination, and ACAT dispute resolution. It has since expanded well beyond this core to incorporate minimum housing standards (introduced progressively and strengthened in 2023), dedicated family violence termination pathways (Part 4.3A with competent person declarations and information protections), co-tenancy rules allowing exit/joining without full re-agreement, occupancy agreements for non-lease housing like boarding or crisis accommodation (Part 5A), residential park specifics (Part 5B), rental database regulation (Part 7), and integration with social/public housing, aged care, and impacted properties. This growth reflects evolving policy on housing security, vulnerability protections, and market practices but risks scope creep by layering exceptions, cross-applications to other statutes, and detailed procedural overlays."},"complexity_factors":["Extensive structure with 9 parts, multiple divisions, 2 schedules, and a detailed dictionary with signpost definitions to other Acts","Heavy cross-referencing to related laws (e.g. ACAT Act, Family Violence Act 2016, Housing Assistance Act 2007, Building Act 2004, and national schemes like the Community Housing Providers National Law)","Nested conditional logic in termination (e.g. Divisions 4.3-4.7 with specific grounds, notices, ACAT orders, and exceptions for family violence or minimum standards breaches)","Incorporation of standard terms via Schedule 1 that apply dynamically (fixed vs periodic agreements) plus additional clauses in Schedule 2 for public/community housing","Procedural layers for bonds (Part 3), rent reviews (Part 5), databases (Part 7), and co-tenancies (Part 3A) with strict timelines, evidence rules, and offences"],"plain_english_summary":"**The Residential Tenancies Act 1997** is the main law governing renting homes in the Australian Capital Territory (ACT). It sets clear rules for landlords (called 'lessors') and tenants to make sure renting is fair, stable, and safe for everyone.\n\n- **What it does**: It defines what a rental agreement must include (such as standard terms that can't be changed unfairly), how bonds (security deposits) are paid, held, and returned, when and how rent can be increased, how tenancies can end (including special fast exits for family violence victims), minimum quality standards for homes (like safety, energy efficiency, and repairs), and ways to resolve disputes through the ACT Civil and Administrative Tribunal (ACAT) instead of courts.\n- **Who it affects**: Landlords, tenants, real estate agents, co-tenants, people in shared or supported housing, and operators of residential parks or crisis accommodation. It also covers 'occupancy agreements' for non-traditional setups like boarding houses or student housing.\n- **Why it matters**: Stable housing is recognised as vital for the community. The Act protects against unfair evictions, excessive rent hikes, or poor-quality homes; helps prevent disputes from escalating; and balances rights (e.g., landlords can evict for non-payment but must follow strict processes and mitigate losses). It promotes informed choices via required info in ads and agreements, and integrates with laws on social housing, family violence, and consumer protection.\n\nIn short, it turns renting from a potential source of conflict into a structured, enforceable relationship that supports secure housing for ACT residents."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally focused solely on standard residential tenancy agreements. Over time, its scope has significantly expanded to include occupancy agreements (Part 5A), residential parks (Part 5B), commercial guarantees (Part 8), and a wide range of additional protections such as minimum housing standards, family violence termination provisions, rent bidding prohibitions, and detailed co-tenancy rules. These additions go well beyond the original intent of regulating basic landlord-tenant relationships, now covering diverse housing arrangements and imposing substantial regulatory burdens on lessors."},"complexity_factors":["Over 150 sections plus two schedules with detailed standard terms","Extensive cross-references between provisions (e.g., termination refers to standard terms in schedule 1)","Multiple defined terms in the dictionary (over 80 definitions)","Many conditional and layered provisions (e.g., termination grounds with exceptions and timeframes)","Numerous exceptions and special rules for different types of tenancies (social housing, crisis accommodation, community housing)","Incorporation of external legislation (Criminal Code, Family Violence Act, Unit Titles Act, etc.)","Complex structure with parts, divisions, and sub-divisions","Lengthy and detailed schedules with standard residential tenancy terms and additional clauses"],"plain_english_summary":"This law sets out the rules for residential tenancy agreements (rental contracts) and occupancy agreements (like boarding houses, student housing, or mobile home parks) in the Australian Capital Territory. It defines the rights and obligations of landlords (lessors) and tenants, as well as grantors and occupants. Key rules include: bonds are limited to 4 weeks' rent and must be lodged with the Territory; landlords must provide premises that meet minimum housing standards (e.g., safety, energy efficiency); rent can only be increased once every 12 months and must be within a prescribed amount unless the tenant agrees or the ACAT approves; tenants can end a fixed-term agreement early in certain circumstances (e.g., family violence, needing aged care) without a break fee; landlords must have a valid reason to evict a tenant, such as breach of agreement or genuine need for the property; and disputes are resolved through the ACT Civil and Administrative Tribunal (ACAT). The law also prohibits rent bidding, requires smoke alarms, and regulates how tenant databases can be used. It applies to most rental homes, but not to aged care facilities or holiday rentals."}},"importantCases":[],"_links":{"self":"/api/acts/residential-tenancies-act-1997","history":"/api/acts/residential-tenancies-act-1997/history","analysis":"/api/acts/residential-tenancies-act-1997/analysis","conflicts":"/api/acts/residential-tenancies-act-1997/conflicts","importantCases":"/api/acts/residential-tenancies-act-1997/important-cases","documents":"/api/acts/residential-tenancies-act-1997/documents"}}