Dealing with Harassment in ACT Rental Properties

Living in the Australian Capital Territory (ACT) and renting a property should not expose you to harassment or misconduct by your landlord. It's important to understand your rights and know the steps you can take to protect yourself in these situations.

What Constitutes Harassment & Misconduct?

Harassment or misconduct by a landlord can take many forms, including:

• Repeatedly entering your home without permission
• Failing to carry out necessary repairs
• Threats of eviction without legal grounds
• Intimidation or inappropriate communications

These actions can create a hostile living environment and are not permissible under the Residential Tenancies Act 1997. This law protects renters from unlawful behavior and outlines the duties of landlords.

Steps to Take If You Face Harassment

If you experience harassment, consider these steps:

1. Document the incidents: Keep detailed records of any harassment or misconduct, including dates, times, and nature of the incidents.
2. Communicate with your landlord: Sometimes, issues can be resolved through a direct and calm discussion.
3. Serve a Notice to Remedy Breach: Use this official form to formally address the issue. You can find it on the Access Canberra website.
4. Seek mediation: The ACT Civil and Administrative Tribunal (ACAT) offers mediation services to help resolve disputes without formal hearings.
5. Apply to the tribunal: If harassment continues, you can lodge an application with ACAT to seek formal resolution.

Your Legal Rights

The Residential Tenancies Act 1997 specifically protects tenants in the ACT. It outlines your rights to quiet enjoyment of the rental property and the landlord's obligation to maintain the property in good repair. You also have the right to privacy and should receive proper notice for any entry by the landlord.

Getting Official Assistance

If your landlord breaks the law, consult the ACT Civil and Administrative Tribunal (ACAT). This tribunal handles tenancy disputes and provides mediation and resolution services.

1. Document Evidence: Collect evidence of all interactions with your landlord that you perceive as harassment.
2. Use ACT Services: Engage with services like ACAT and Access Canberra to understand your legal standing and resolve issues.

Every renter in the ACT should know their rights and the appropriate actions to take if facing landlord misconduct. Being informed is your first line of defense.

1. What should I do if my landlord enters my property without notice?

   You should document the instances of unauthorized entry, communicate your concerns to the landlord, and if the issue continues, serve a Notice to Remedy Breach.

2. Can I refuse rent increases if repairs are not made?

   While you cannot refuse a fair rent increase, you can negotiate or apply to ACAT to resolve issues if essential repairs are outstanding.

3. What if I feel threatened by my landlord?

   Immediately document each incident, communicate your concerns to your landlord in writing, and seek assistance from the ACT Civil and Administrative Tribunal if necessary.

Need Help? Resources for Renters

If you are experiencing harassment or misconduct by your landlord in the ACT, the following resources can help:

• ACT Civil and Administrative Tribunal (ACAT) - Offers services for resolving tenancy disputes.
• Access Canberra - Provides information and forms related to tenancy rights.
• Tenants' Union ACT - Offers free tenant advice and support.

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1. The Fair Trading Act 1987 (Cth) outlines general protections for consumers, including tenants.
2. The Residential Tenancies Act 1997 covers tenancy laws in the ACT.
3. ACAT provides a pathway for resolving disputes fairly and efficiently.

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