Protection Against Lease Breaches in ACT

Renting in the Australian Capital Territory (ACT) comes with rights and responsibilities that are vital for both tenants and landlords. Understanding your protection against compensation claims and lease breaches is essential.

Understanding Lease Breaches

A lease breach occurs when either the renter or the landlord does not fulfill their obligations under the rental agreement. In the ACT, these responsibilities are outlined in the Residential Tenancies Act 1997¹.

Common Types of Lease Breaches

• Rent Arrears: Failing to pay rent on time.
• Property Damage: Damaging the property beyond normal wear and tear.
• Unauthorized Additions: Making changes to the property without permission.

Compensation for Breaches

When a breach occurs, the impacted party may seek compensation. For tenants, this often involves deductions from the bond or costs claimed by the landlord for damages or arrears.

If you believe a deduction from your bond is unfair, you can challenge it at the ACT Civil and Administrative Tribunal (ACAT)².

How to Apply for Compensation

Should you need to claim compensation, it's crucial to follow the correct process:

1. Document the issue with dates, correspondence, and photos.
2. Attempt to resolve the matter directly with the landlord or property manager.
3. If unresolved, lodge a claim with the ACAT using the necessary forms.

Forms such as the Residential Tenancy Form 2 for applications to the tribunal can be found at [the ACT legislation website](https://www.acat.act.gov.au/).³

Help and Support: Resources for Renters

• Tenants' Union ACT - Offers renters advice and advocacy.
• ACT Community Services - Provides additional resources and support.

---

1. What constitutes a lease breach in ACT? A lease breach occurs when either party fails to comply with the terms of the lease, such as not paying rent on time or causing property damage.
2. How can I dispute a bond deduction? You can dispute a bond deduction by applying to the ACT Civil and Administrative Tribunal for a resolution.
3. What should I do if my landlord breaches the lease? Document the breach, communicate in writing with your landlord, and if unresolved, seek support from relevant services or apply to ACAT for a resolution.

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