ACT Public & Social Housing: Renter Rights Explained

The Australian Capital Territory (ACT) offers specific rights and responsibilities for renters living in public and social housing. Understanding these can help you safeguard your living situation. Whether dealing with rent increases, eviction notices, or repair issues, it’s crucial to be informed about your legal protections.

Your Rights and Responsibilities

Renters in the ACT are protected under the Residential Tenancies Act 1997, which outlines both landlord and tenant obligations. It’s important to be aware of what the law says about your rights and responsibilities to ensure a fair and secure rental experience.

Rent Increases

In the ACT, rent can only be increased once every 12 months for public housing tenants. You must receive at least 60 days' written notice before a rent increase can take effect. If you feel the increase is unjust, you have the right to dispute it.

Eviction Notices

Evictions should follow due process under the Residential Tenancies Act 1997. You must be given proper notice, and the eviction must be legally justified, such as lease violations or unpaid rent. Seek legal advice if you're unsure about the validity of a notice.

Repairs and Maintenance

Tenants in public housing have the right to safe and habitable living conditions. The ACT government is typically responsible for property repairs. If you face significant maintenance issues, report them as soon as possible to initiate the necessary action.

Key Legislation and Forms

• Residential Tenancies Act 1997: This ACT legislation governs tenancy rights and obligations. More details can be found on the ACT Legislation Register.
• Repair Request Form: Use this form to formally request necessary repairs from your landlord or housing authority. It ensures documentation of your maintenance requests.

Always document your communications regarding tenancy issues, including rent disputes and repair requests, to ensure you have a clear trail if disputes arise.

ACT Civil and Administrative Tribunal (ACAT)

The ACT Civil and Administrative Tribunal (ACAT) handles disputes between tenants and landlords. You can apply to ACAT for rent disputes, evictions, or failure to repair.

Frequently Asked Questions

1. What should I do if my landlord refuses to make necessary repairs? If your landlord neglects essential repairs, you can report the issue using a Repair Request Form and, if necessary, lodge a complaint with the ACT Civil and Administrative Tribunal (ACAT).
2. How can I dispute an unfair rent increase? Review the notice for compliance with the required 60 days' warning. If it seems unjust or doesn’t adhere to the rules, you can apply to ACAT for a review of the increase.
3. What are my options if I receive an eviction notice? Verify whether the eviction notice adheres to the Residential Tenancies Act. Seek legal counsel and consider applying to ACAT if the eviction seems unfair.

How to Dispute a Rent Increase

1. Check the Compliance of the Notice: Ensure that the rent increase notice adheres to the required 60 days' notice.
2. Gather Supporting Information: Compile evidence or reasons why the increase may be unjust or not reflective of market conditions.
3. Submit a Dispute Application: Lodge a dispute with the ACT Civil and Administrative Tribunal (ACAT) for assessment.

Need Help? Resources for Renters

• ACT Civil and Administrative Tribunal (ACAT) - Resolves disputes and offers mediation services.
• Tenants' Union ACT - Provides free legal advice and resources to renters.

---

1. Residential Tenancies Act 1997 2. ACT Civil and Administrative Tribunal (ACAT)

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid