Understanding Notice Periods and Terminations in ACT

Renters in the Australian Capital Territory (ACT) should be aware of their rights and responsibilities when it comes to notice periods and tenancy terminations. It’s important to understand these rules to navigate the renting process smoothly and avoid potential disputes.

Notice Periods for Ending a Tenancy

In the ACT, both landlords and tenants must adhere to notice periods outlined in the Residential Tenancies Act 1997. These periods ensure fair and reasonable processes for ending a lease agreement.

Notice by Tenants

• If you are on a periodic lease and wish to end your tenancy, you must provide at least 21 days’ notice to your landlord.
• For fixed-term leases, tenants can give notice at the end of the term. If you plan to leave when the lease is up, you must notify your landlord before the lease ends.

Notice by Landlords

• For periodic leases, landlords are required to give a minimum of 26 weeks’ notice without grounds.
• If the landlord has grounds, such as a breach of agreement, they may give less notice, depending on the breach.

Termination Processes

When a lease is terminated, both parties should follow the correct procedure to avoid legal complications.

Mutual Agreement

A tenancy can be ended at any time if both the landlord and tenant agree. It’s best to record this agreement in writing.

Applying to Tribunal

If a landlord or tenant believes the termination of a lease was unjust, they can apply to the ACT Civil and Administrative Tribunal (ACAT) for a ruling.

Relevant Forms and How to Use Them

• Notice to Vacate (Form): This form is used by tenants to officially notify their landlord of their intention to vacate. It should be submitted to your landlord as per the required notice period.
• Application for Termination: If you need the ACAT’s intervention, this is the form to submit. It includes details of your tenancy and reasons for seeking termination.

Key Legislation

The Residential Tenancies Act 1997 governs the rules around renting in the ACT, offering protection and outlining the rights and duties of both landlords and tenants. For national guidelines, the Fair Trading Act 1987 (Cth) provides additional safeguards.

1. What is the notice period if I want to end my ACT tenancy?

   Tenants on a periodic lease must provide 21 days’ notice.

2. How can a landlord terminate a tenancy in the ACT?

   Landlords must give 26 weeks' notice without grounds or follow specified grounds for shorter periods.

3. What should I do if I receive an unfair eviction notice?

   Apply to the ACT Civil and Administrative Tribunal (ACAT) for review.

1. How to Apply to the ACT Civil and Administrative Tribunal

   Step-by-step process to guide renters through dispute resolution

   1. Step 1: Gather Your Documents

      Ensure you have all necessary forms, including the tenancy agreement and any communication about the termination.

   2. Step 2: Complete the Application for Termination Form

      Fill out the form with specific details of your case, explaining why you seek the tribunal’s intervention.

   3. Step 3: Submit Your Application

      Submit your application to ACAT either online or in person, then await confirmation of your hearing date.

Need Help? Resources for Renters

If you need assistance or more information, you can contact:

• ACT Civil and Administrative Tribunal for legal disputes.
• Tenants’ Union ACT for advice and advocacy services.
• ACT Government's Justice and Community Safety Directorate for tenant and landlord resources.

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

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