Legal Help for Condition Reports in ACT

As a renter in the Australian Capital Territory (ACT), understanding your rights and responsibilities regarding condition reports and property inspections is crucial. These documents ensure that both landlords and tenants have a clear record of the property's condition at the start and end of a tenancy. Knowing what to expect and how to address potential issues can help you avoid disputes and misunderstandings.

Understanding Condition Reports in ACT

In the ACT, a condition report is a written record describing the state of a rental property at the start and end of a tenancy. This report forms a key part of your rental agreement and aids in resolving disputes about property damage.

Why Condition Reports Matter

• Documentation: Provides a detailed account of the property's condition when you move in.
• Evidence: Serves as evidence in case of disputes about damages at the end of the lease.
• Transparency: Ensures both parties agree on the state of the property, helping to prevent conflicts.

Creating a Condition Report

When you move into a new rental property, the landlord or property manager should provide you with a condition report. You typically have a set timeframe to review this report, make your comments, and return it. In ACT, the Residential Tenancies Act 1997 dictates the use and process of condition reports¹.

Legal Help and Resources for Renters

If disputes arise regarding condition reports or property inspections, renters can seek legal advice or support from local services. Understanding your rights under the ACT's rental laws—including those related to property conditions—can greatly assist you in navigating such challenges.

Steps to Take if You Disagree with a Condition Report

1. Document Everything: Take photos and notes of any discrepancies or additional damages you notice that aren't listed in the condition report.
2. Communicate with Your Landlord: Raise your concerns in writing. Explain the discrepancies and include any evidence you've gathered.
3. Seek Legal Advice: If the issue isn't resolved, you can contact organizations like ACT Civil and Administrative Tribunal (ACAT) for assistance².

Key Legislation and Forms

The Fair Trading Act 1987 (Cth) provides a national framework for rental conditions, emphasizing fair practices and transparency across Australian jurisdictions³.

Tip: Always keep a copy of your signed condition report and any correspondence with your landlord for your records.

1. What should I do if my landlord refuses to make agreed repairs?
   If your landlord does not perform agreed repairs, document the request and any responses. Contact a local renters' advocacy service or seek advice from the ACT Civil and Administrative Tribunal (ACAT).
2. Can I be present during property inspections?
   Yes, you can be present. Inspections should be conducted at a reasonable time with proper notice.
3. What if my bond is unfairly withheld?
   You can apply to the ACT Civil and Administrative Tribunal (ACAT) to dispute the withholding of your bond.

1. How to respond to an unsatisfactory condition report in ACT
   1. Review the Report: Carefully compare the condition report with the actual state of the property.
   2. Gather Evidence: Take clear photos of any areas that do not match the report.
   3. Communicate in Writing: Send a detailed email to your landlord or property manager outlining discrepancies.
   4. Seek Legal Assistance: If the disagreement persists, contact the ACT Civil and Administrative Tribunal (ACAT) for advice.

Need Help? Resources for Renters

• ACT Civil and Administrative Tribunal (ACAT) - for disputes and advice on tenancy issues.
• Legal Aid ACT - provides free legal advice for tenants facing disputes or legal questions.
• Tenants' Union ACT - offers information, resources, and support for renters in the ACT.

---

¹ Residential Tenancies Act 1997
² ACT Civil and Administrative Tribunal (ACAT)
³ Fair Trading Act 1987 (Cth)

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