Notice Periods and Terminations in ACT

For renters in the Australian Capital Territory (ACT), understanding your rights and obligations regarding notice periods and tenancy terminations is crucial. Navigating these regulations can be complex, but this guide aims to simplify key aspects and inform you of your rights under the Residential Tenancies Act 1997.

Understanding Notice Periods

Notice periods are the duration of time that must be given by either a tenant or a landlord before the end of a tenancy. They ensure both parties have sufficient time to prepare for the change. In the ACT, the Residential Tenancies Act 1997 outlines these requirements clearly, specifying different periods depending on the circumstance.

For Tenants

• Regular Termination: If you wish to end your periodic tenancy, providing 21 days’ notice is standard.
• Fixed-term Tenancy: If the tenancy is fixed-term, you must wait until the lease ends unless otherwise agreed with the landlord.

For Landlords

• No-Cause Termination: A landlord must provide 26 weeks' notice if they wish to terminate a periodic tenancy without cause.
• End of Fixed Term: They must give at least 8 weeks' notice before the end of a fixed-term agreement.

Terminating a Tenancy

Termination processes differ depending on whether the lease is broken for a reason or if it concludes naturally. Here's what you should know:

Termination for Breach

If your landlord claims you've breached your lease terms, they must issue a notice to remedy the breach, allowing you an opportunity to resolve the issue.

Tip: Always respond to a breach notice promptly to avoid potential eviction. Keep records of all communications.

Tenancy Tribunal Applications

If disputes arise that cannot be resolved between tenants and landlords, either party can apply to the ACT Civil and Administrative Tribunal (ACAT) for a resolution.

Notice and Termination Forms

Understanding and using the correct forms is crucial when giving notice or addressing a breach. These forms can be accessed through the ACT Government's rental bonds online forms page. Here are some commonly used forms:

• Notice to Vacate: Used by landlords to inform tenants of an impending eviction.
• Notice of Intention to Leave: Used by tenants to express their decision to terminate the lease.

Need Help? Resources for Renters

If you need further assistance, the following resources can provide valuable support:

• ACT Civil and Administrative Tribunal (ACAT): Handles disputes between tenants and landlords.
• Tenants' Union ACT: Offers advice and advocacy for renters in the ACT.
• ACT Residential Tenancies Act 1997: For a deeper dive into the legislation.

---

1. What is the notice period for ending a periodic tenancy in the ACT? Tenants must give 21 days' notice to end a periodic tenancy unless otherwise agreed.
2. Can a landlord terminate a fixed-term lease early? Generally, a landlord cannot terminate a fixed-term lease early without a breach by the tenant.
3. What should I do if I receive a breach notice? First, read the notice carefully, rectify any issues if possible, and communicate with your landlord.

1. How to Apply to the ACAT
   1. Step 1: Prepare Your Case - Gather all necessary documents and evidence relevant to your dispute.
   2. Step 2: Complete the Form - Fill out the application form available on the ACAT website.
   3. Step 3: Attend the Hearing - Present your case at the scheduled hearing with ACAT.

Key takeaways include understanding the specific notice periods for both tenants and landlords, knowing how to access and complete the relevant forms, and seeking help through official resources when disputes arise.

---

1. Residential Tenancies Act 1997 - ACT. Accessible via ACT Legislation.
2. ACT Civil and Administrative Tribunal. More info at 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