Tenant Rights: Harassment & Landlord Misconduct in ACT

Renting a property in the Australian Capital Territory (ACT) entails understanding your rights and responsibilities, especially when dealing with harassment and landlord misconduct. Knowing the extent of your protections can empower you as a tenant to safeguard your living circumstances and address grievances effectively.

Understanding Harassment and Landlord Misconduct

Harassment from a landlord can take many forms, including excessive disturbance, threats, or unwarranted visits to your rented property. Landlord misconduct may also include failing to provide necessary repairs or attempting to evict you without proper procedure. The Residential Tenancies Act 1997 in the ACT stipulates the rights and protections of tenants in such situations.¹

What Constitutes Harassment?

Harassment by a landlord might involve actions that harm the tenant's ability to live comfortably and peacefully in their rented property. This can include:

• Repeated and unnecessary visits
• Making unwarranted demands for entry
• Threats or verbal abuse

Identifying Landlord Misconduct

Misconduct can also manifest through negligence or deliberate actions by a landlord, such as:

• Failing to carry out necessary repairs despite requests
• Attempting eviction without proper notice or grounds
• Failure to provide essential services due to the tenant’s exercising of their rights

Tip: Always communicate in writing with your landlord about any issues, keeping records of all exchanges.

Steps to Address Harassment or Misconduct

Filing a Complaint

If harassment or misconduct occurs, you can file a complaint with the ACT Civil and Administrative Tribunal (ACAT), which addresses tenancy disputes. You can use the ACAT application form to initiate this process.²

Responding to Harassment

When faced with harassment:

1. Document all incidents and communications.
2. Reach out to the landlord formally in writing, expressing your concerns.
3. Consult a legal service if necessary.

Know Your Legal Protections

The Fair Trading Act 1987 (Cth) provides broad protections at a national level, enhancing tenants' rights to fair treatment.³ These protections, alongside the Residential Tenancies Act in your territory, form a robust legal basis against landlord misconduct.

FAQ Section

1. What qualifies as landlord harassment in the ACT? Landlord harassment could include repeated unnecessary visits, threats, or attempts to evict without proper notice.
2. How do I lodge a complaint about my landlord in the ACT? Complaints can be lodged with the ACT Civil and Administrative Tribunal (ACAT) using their application form available on their website.
3. What should I do if my landlord refuses to make repairs? Document all requests and responses, then consider applying to ACAT if the issue persists.

Key Takeaways

• Understand your rights outlined in the Residential Tenancies Act 1997.
• Document incidents of harassment or misconduct thoroughly.
• Consider contacting ACAT for unresolved issues.

Need Help? Resources for Renters

• ACT Justice and Community Safety Directorate - Provides services and publications related to tenant rights.
• Tenants' Union ACT - Offers free tenancy advice and support.
• Legal Aid ACT - Provides legal assistance for tenants facing issues with landlords.

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