Understanding Condition Reports and Inspections in the ACT

Moving into a new rental property in the Australian Capital Territory (ACT) comes with the important step of dealing with a condition report. A condition report accurately records the property's state at the beginning of a tenancy, ensuring both the landlord and tenant agree on its condition. Knowing your rights regarding these reports and subsequent inspections can help safeguard your rental experience.

Condition Reports: What to Know

Under the Residential Tenancies Act 1997, a condition report in the ACT is mandatory at the start of any new tenancy. This report is crucial as it provides a snapshot of the property's condition and serves as a reference point at the end of the lease.

Completing the Condition Report

• Receive and Review: You should receive a condition report at the start of your tenancy. Carefully review and note any discrepancies within 7 days of moving in.
• Document and Notify: If you notice any issues not recorded, document them with photos and notify your landlord or property manager in writing.
• Keep Copies: Ensure you keep a copy of the completed condition report for your records.

Inspections During a Tenancy

Routine inspections are customary in rental agreements to ensure the property is maintained and any necessary repairs are identified. In the ACT, these inspections are regulated to ensure fairness for both parties.

Your Rights During Inspections

• Notice: Landlords must provide at least one week’s written notice before conducting a routine inspection.
• Frequency: Inspections cannot occur more than twice within any four-month period.
• Presence: You have the right to be present during the inspection, but it is not mandatory.

Addressing Inspection Findings

If issues arise during an inspection, such as necessary repairs, landlords are generally responsible for addressing these issues in a timely manner. It's important to know how to request repairs using formal processes.

Understanding Your Legal Protections

The Residential Tenancies Act 1997 and the Fair Trading Act 1987 (Cth) both offer protections for renters. Familiarity with these terms ensures that both parties are held to their legal responsibilities.

Need Help? Resources for Renters

If you're facing issues with condition reports or inspections, services like the ACT Civil and Administrative Tribunal (ACAT) and the ACT Rental Bonds Office can provide guidance and support. These organizations assist with dispute resolution and provide further information on tenant rights.

---

1. What can I do if my landlord doesn't provide a condition report? If a landlord fails to provide a condition report, you should promptly request one in writing. Having a condition report is essential for protecting your security deposit at the end of the tenancy.
2. Are there specific forms to fill out regarding inspections in the ACT? Yes, you can use the "Condition Report" form, available from the ACT Rental Bonds Office, to document and dispute any discrepancies observed during inspections.
3. Can a landlord conduct an inspection without notifying me? No, landlords must provide at least one week's prior written notice before any routine inspection.
4. What if I disagree with the inspection outcome? If you disagree with the findings of an inspection, communicate your concerns in writing to your landlord and consider filing a complaint with the ACAT if necessary.
5. Is it mandatory to be present during an inspection? It's not mandatory, but you have the right to be present during any inspection to ensure an accurate representation of the property's condition.

1. How to Prepare for a Condition Report in the ACT
   1. Step 1: Receive the report - Obtain the condition report from your landlord or property manager at the start of your tenancy.
   2. Step 2: Conduct a thorough inspection - Walk through the property and compare its current state with what is recorded in the report, noting any differences.
   3. Step 3: Document discrepancies - Use photos and written descriptions to document any condition issues that aren’t accurately reflected.
   4. Step 4: Report your findings - Notify your landlord in writing of any discrepancies, ideally within 7 days of moving in.
   5. Step 5: Keep copies - Retain a copy of your findings and any correspondence for future reference, especially at the end of your tenancy.

Key Takeaways

• Act promptly on receiving and reviewing a condition report to protect your bond.
• Ensure clear communication with your landlord over any inspection issues.
• Contact the ACAT if disputes arise regarding inspections and condition reports.

---

1. Residential Tenancies Act 1997
2. Fair Trading Act 1987 (Cth)
3. ACT Rental Bonds Office
4. ACT Civil and Administrative Tribunal (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