Ending a Tenancy: Your Rights in ACT

Ending a tenancy in the Australian Capital Territory (ACT) involves understanding your rights and obligations as a renter. Whether you're concluding a fixed-term lease or deciding to vacate a periodic tenancy, it's crucial to follow the legal procedures to ensure a smooth transition.

Notice Periods and Requirements

In the ACT, tenants must provide 21 days' notice in writing to end a periodic tenancy. If you are on a fixed-term lease, you must give notice at least three weeks before the end date. Tenants and landlords should ensure that all communications are clear and in writing to avoid any misunderstandings.

Using the “Notice to Vacate” Form

For formal notice, renters should use the Notice to Vacate form, available on the ACT Government website. Fill this form out and submit it to your landlord within the required timeframe.

Breaking a Lease Early

If you need to break your lease early, you may be liable for compensation to the landlord for any loss or damage. However, landlords must take reasonable steps to mitigate losses, such as finding a new tenant promptly.

Your Rights and Obligations

Under the Residential Tenancies Act 1997, tenants have the right to a safe and habitable environment but are also responsible for leaving the property in a similar condition to when the tenancy began. Consider taking photos or videos during your final inspection to document the state of the property.

Ensure all rent and bills are paid up to your moving-out date and return the keys on time to avoid additional charges.

Recovering Your Bond

Your bond is held by the ACT Revenue Office and should be returned in full unless there are claims for damages, unpaid rent, or other breaches. Disagreements can be taken to the ACT Civil and Administrative Tribunal (ACAT).

FAQ Section

1. How much notice do I need to give to end my lease in ACT? You need to provide 21 days' written notice if your lease is periodic or three weeks’ notice if you are concluding a fixed-term lease.
2. Can a landlord refuse to return my bond? A landlord may make a claim on your bond for expenses like damages or unpaid rent. Disputes can be resolved through ACAT.
3. What form should I use to notify my landlord? Use the Notice to Vacate form, available on the ACT Government website, for written notice.

How To Section

1. How to file a dispute with the ACT Civil and Administrative Tribunal
   1. Collect evidence of your case, such as emails, photos, or witness statements.
   2. Complete the application form from the ACAT website and submit it with the appropriate fee.
   3. Attend the hearing with all necessary documentation to support your case.

Key Takeaways

• Provide the correct amount of notice when ending a tenancy to avoid penalties.
• Document the property's condition with photos during your final inspection.
• Retrieve your bond by ensuring the property is clean and damage-free.

Need Help? Resources for Renters

• Access Canberra: Provides information on renting and notice forms.
• Residential Tenancies Act 1997: Understand your legal rights and obligations.
• ACT Civil and Administrative Tribunal (ACAT): For rental dispute resolution and bond claims.

---

1. Residential Tenancies Act 1997. Available at: legislation.act.gov.au.

2. Notice to Vacate Form. Available at: accesscanberra.act.gov.au.

3. Fair Trading Act 1987 (Cth). Available at: legislation.gov.au.

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