Eviction Notice ACT: Complete Guide for Self-Managing Landlords

If you’re a self-managing landlord in the ACT and you need to end a tenancy, the rules have changed substantially. Since reforms commenced in 2023, no-grounds termination is no longer possible in the ACT. You can only end a tenancy for a specific reason — a “ground” — set out in the Residential Tenancies Act 1997 (the Act) or the Standard Residential Tenancy Terms in Schedule 1 of the Act. The Act and Standard Terms provide a range of grounds, each with its own notice period, its own evidence requirements, and its own procedure. Picking the wrong ground, or following the right ground in the wrong way, will leave you with a defective notice that the tenant can challenge — and, in many cases, with months of lost rent before you can start again.

This guide walks through every termination ground available to a landlord in the ACT, the notice and evidence each requires, the role of the ACT Civil and Administrative Tribunal (ACAT), how warrants for eviction work, and the situations where ACAT must refuse to terminate (most importantly, where the application is retaliatory). It also covers the special process where a tenant gives you a family violence termination notice — an area where landlord obligations are tightly regulated and the consequences of mishandling are serious.

If you’re dealing with a tenancy that may end in formal notice, keep the ACT tenancy agreement guide and broader ACT residential tenancies act guide guides nearby. If money is likely to be disputed at the end, our ACT rental bond guide guide is the next page to read.

The Three-Stage Termination and Eviction Process

There is a critical misconception that giving a tenant a notice to vacate ends the tenancy. It does not. A notice to vacate is the start of a process, not the end of one. In the ACT, ending a tenancy where the tenant does not voluntarily comply involves three distinct stages.

Stage 1: The termination notice. You serve a written notice on the tenant identifying the ground for termination and the date by which they must vacate. The notice period depends on the ground. If the tenant moves out by the date in the notice, the tenancy ends on that date and there is nothing more to do.

Stage 2: The ACAT termination and possession order. If the tenant does not vacate as required by the notice, the tenancy does not automatically end — you must apply to ACAT for a termination and possession order. ACAT will list the matter for a hearing (typically on a Wednesday or Thursday) and decide whether to grant the order. ACAT can refuse to make the order, suspend it for up to 3 weeks if the tenant would suffer significant hardship, or — for non-payment of rent — make a payment order instead.

Stage 3: The warrant for eviction. If ACAT makes a termination and possession order and the tenant still does not vacate, you apply for a warrant for eviction. The warrant authorises the Australian Federal Police (AFP) to attend the property and physically remove the tenant. You cannot evict a tenant yourself. Self-help eviction — changing the locks, removing belongings, disconnecting utilities — is unlawful and exposes you to ACAT orders for compensation.

The exception to this three-stage process is abandonment. If the tenant abandons the premises, the agreement terminates on the day of abandonment under Section 61 of the Act. There is also a special process for family violence terminations initiated by a tenant under Division 4.3A — the landlord does not initiate these terminations but has specific notification obligations when one is served.

Termination by Mutual Agreement

Before looking at any of the formal notice grounds, it’s worth saying the simplest option out loud: the landlord and the tenant can always agree in writing to end the tenancy early. F2 (the ACT Government’s Tenancy Termination Grounds for Landlords factsheet) lists mutual agreement as the first available ground, and G6 (the Access Canberra guidance) confirms it applies to both fixed-term and periodic tenancies and can happen at any time the parties agree.

No notice period applies. No evidence is required. No ACAT application is needed. The landlord and tenant simply sign a written agreement stating the tenancy ends on a specified date, and the tenant moves out on or before that date. The ground only operates if the tenant actually moves out in accordance with the agreement — if they don’t, the tenancy continues and you would need to rely on one of the formal grounds below.

In practice, mutual agreement is the right path whenever the tenant is cooperative and wants to leave. Keep the written agreement. Still complete an outgoing condition report and process the bond release in the ordinary way (see the Rental Bond ACT guide). Everything below this section applies only where there is no agreement and the tenant’s departure needs to be driven by one of the statutory grounds.

What a Termination Notice Must Contain

The ACT does not prescribe a single termination notice form under Section 133 of the Act — no Minister-approved form has been issued. Instead, Standard Terms cl 83 sets out the mandatory form and content requirements for any notice to vacate served by a lessor. A notice that omits any required content is potentially defective, and the tenant can challenge it.

Under the stem of cl 83, a notice to vacate by a lessor must be in writing and in the form required by the Residential Tenancies Act. It must include the following information:

1. The address of the premises (cl 83(a)).
2. The ground or grounds on which the notice is issued, together with sufficient particulars to identify the circumstances giving rise to the ground(s) (cl 83(b)). A bare reference to “breach of agreement” without particulars is not enough — you need to identify what the tenant did, when, and how it breaches the agreement.
3. A statement that the lessor requires the tenant to vacate the premises by the expiry of the required notice period and that the tenancy ends on the day that the tenant vacates the premises (cl 83(c)).

For periodic terminations under cl 96 (the no-fault grounds — sale, move-in, renovation, change of use), the notice must also be accompanied by written evidence supporting the lessor’s reason for the notice (cl 96(2)). This is one of the most commonly missed requirements.

For breach-based terminations, the upstream notice to remedy has its own content requirements set by clauses 92 and 93 of the Standard Terms — most critically, a notice to remedy for non-payment of rent must contain a statement that if the tenant pays the outstanding rent within 7 days of service, no further action must be taken and the tenancy continues (cl 92(b)(ii)). Use the statutory “must” wording verbatim on the notice; substituting “will” or similar is a common drafting error that can render the notice defective.

ACAT publishes optional templates for tenant-side notices (the Notice to Remedy from tenant to lessor, and the Notice of Intention to Vacate from tenant to lessor). There is no equivalent ACAT-published landlord template — landlords typically draft their own based on the cl 83 requirements, or use a template provided by Tenancy Advice Service or the Law Society of the ACT. The substance is what matters; the form does not.

How to Serve a Termination Notice

Service of termination notices is prescribed by Section 5 of the Residential Tenancies Regulation 1998. A termination notice on an individual tenant must be served in one of three ways:

• Personal delivery to the tenant (Reg s 5(a)(i))
• Leaving at, or sending by prepaid post to, the address of the place of residence or business of the tenant last known to the lessor (Reg s 5(a)(ii)), or
• Leaving at, or sending by prepaid post to, the address for service provided by the tenant under Standard Terms cl 98 (Reg s 5(a)(iii))

Where the tenant is a corporation, service is by leaving at or sending by prepaid post to the head office, a registered office, or a principal office (Reg s 5(b)).

Both the lessor and the tenant must give an address for service of termination notices at the start of the tenancy under Standard Terms cl 98(1)(a). Any change to that address must be notified in writing under cl 98(2). A notice sent by prepaid post to the cl 98 address is service in accordance with Reg s 5(a)(iii).

Email and electronic service. Regulation s 5 does not list email among the prescribed service methods for termination notices. The Electronic Transactions Act 2001 reference in the Standard Terms appears only at the note to cl 20 (bond lodgment) — it is not imported into the cl 83 or cl 98 notice-service provisions. A landlord who relies on email service of a termination notice is exposed to a defective-service argument, even if the tenant has been corresponding with the landlord by email throughout the tenancy. The safer course is to serve every termination notice by personal delivery or registered/prepaid post.

Keep a record of:

• The date and method of service
• A copy of the notice as served (including any attached evidence for cl 96 notices)
• Proof of delivery (registered post tracking, or — if served in person — a signed acknowledgment or contemporaneous note)

If the tenant later challenges the notice, the burden is on you to show the notice was validly served on the date you say it was. ACAT routinely refuses applications where service cannot be proven.

Termination for Breach: Non-Payment of Rent

The most common ground for landlord-initiated termination is non-payment of rent. ACAT’s power to make a termination and possession order for rent default is set out in Section 49(2)–(3) of the Act, and the pre-conditions — the notices a landlord must first serve, and the timing of those notices — are in Standard Terms cl 92. The clock and the notice content are precisely defined; getting either wrong invalidates the notice.

The Notice to Remedy for Rent Default (cl 92(b))

You may serve a notice to remedy for unpaid rent only after rent has been unpaid for at least 1 week (cl 92(a)), and the notice must be served not earlier than 1 week after the day when the rent was due (cl 92(b)(i)). Clause 92(a) explains: “The first day of this period concludes at midnight on the day when the unpaid rent was due.”

Worked example. If rent was due on Monday 1 July, day 1 of the 1-week period concludes at midnight on Monday 1 July. The 1-week period runs Monday 1 July to Monday 8 July. The notice to remedy may be served from Tuesday 9 July at the earliest — 8 days after the rent was due. Serving the notice any earlier renders it defective.

The notice to remedy must contain a statement that if the tenant pays the outstanding rent within 7 days of the date of service, no further action must be taken and the tenancy continues (cl 92(b)(ii)). Use the statutory “must” verbatim — substituting “will” or similar risks the notice being held defective under s 59.

The Notice to Vacate for Rent Default (cl 92(c))

If the rent is not paid within 7 days of the notice to remedy being served, you may then serve a notice to vacate. The notice to vacate must require the tenant to vacate within 2 weeks of service of the notice to vacate (cl 92(c)).

Applying to ACAT (cl 92(d) and Section 49)

You can apply to ACAT for a termination and possession order from the date you serve the notice to vacate — you do not need to wait for the 2-week vacate period to expire before lodging the application (cl 92(d)). However, ACAT will not list the matter for hearing earlier than the end of the period specified in the notice to vacate (cl 92(e)). In practice, this means the hearing will typically be scheduled around the same time the 2-week vacate period expires.

What ACAT Can Do at the Hearing (Section 49(3))

Under Section 49(3), ACAT has three options:

• Make a termination and possession order — ending the tenancy and ordering vacant possession.
• Make a payment order instead — under Section 49A, requiring the tenant to pay the outstanding rent and/or future rent as it becomes payable, expiring no more than 1 year after the order is made. A payment order that covers only future rent (and does not include any past-due rent) can only be made if, in addition to the tenant being reasonably likely to make the payments, the lessor has made more than 2 applications under Section 49(2) in the preceding 12 months and it is in the interests of justice (Section 49A(3)(b)). Future-rent-only payment orders are therefore not a first-up option for landlords — the statute reserves them for cases where the landlord has demonstrated a pattern of having to return to ACAT.
• Refuse the application — if the tenant has paid any outstanding rent and is reasonably likely to pay future rent as it becomes payable, and ACAT considers it just and appropriate to do so.

ACAT can also suspend a termination and possession order for up to 3 weeks if the tenant would suffer significant hardship and that hardship would be greater than the lessor’s hardship from the suspension (Section 49(4)).

The Three-Strikes Rule (cl 92(f))

If during the same tenancy you have already issued 2 prior notices to remedy for rent default, on the third occasion you do not need to serve another notice to remedy. You can serve a notice to vacate 1 week after the day the rent has fallen due (cl 92(f)). This is a powerful provision against repeat offenders, but it requires you to have properly issued the prior two notices to remedy and kept records of them.

Failure to Comply with a Payment Order (Sections 49B–49C)

If ACAT has made a payment order and the tenant fails to comply within the last 60 days, while the order has not yet expired and the tenant continues to live at the premises, you can apply to the registrar for a termination and possession order under Section 49B. The application is heard not earlier than 1 week after notice is given to the tenant (Section 49B(3)(a)). At the hearing under Section 49C, ACAT can make the termination and possession order or refuse it.

Termination for Breach: Other Than Non-Payment of Rent

For breaches other than rent default — damage to the property, unauthorised pets, unauthorised occupants, nuisance to neighbours, breach of any other Standard Term — the procedure is set out in Standard Terms cl 93 and Section 48 of the Act.

The Notice to Remedy (cl 93(a))

You must first serve a written notice on the tenant requiring them to remedy the breach within 2 weeks after the day of service. The notice should identify the specific breach with sufficient particulars — what the tenant did, when, and which Standard Term or special term it breaches.

This step applies only if the breach is capable of remedy. Some breaches are not — for example, deliberate serious damage that cannot be undone. In those cases, you can proceed straight to the notice to vacate.

The Notice to Vacate (cl 93(b))

If the breach is not remedied within 2 weeks after service of the notice to remedy, or the breach is not capable of remedy, you must give the tenant a notice to vacate the premises within 2 weeks after the date of service of the notice to vacate (cl 93(b)).

Applying to ACAT (cl 93(c) and Section 48)

If the tenant does not vacate within 2 weeks after the date of service of the notice to vacate, you can apply to ACAT for a termination and possession order. ACAT will be satisfied of the breach if the lessor proves it on the balance of probabilities, that the breach was not in accordance with an ACAT-endorsed term, and that the breach justifies the termination of the tenancy (Section 48(1)(a)(v)).

What ACAT Can Do (Section 48(2))

Under Section 48(2), ACAT may:

• Refuse to make a termination and possession order if the tenant has remedied the breach, or undertakes to remedy it within a reasonable specified period and is reasonably likely to do so.
• Make the order but suspend it for up to 3 weeks if the tenant would suffer significant hardship and that hardship would be greater than the lessor’s hardship.

The Three-Strikes Rule (cl 93(d))

Where the tenant has breached the terms of the tenancy on 3 occasions on any ground, on the third occasion the lessor may serve a notice to vacate without giving the tenant the 2 weeks to remedy (cl 93(d)). As with rent default, this requires properly served prior notices and good documentation.

Special Rule for Illegal Use (Section 48(3))

If the application concerns the use of premises for an illegal purpose, ACAT must also be satisfied that the tenant used the premises (or permitted them to be used) for an illegal purpose, and that the illegal use justifies termination. ACAT may consider the nature of the illegal use, any previous illegal use, and the tenancy history (Section 48(4)).

Periodic Tenancy Terminations Without Breach

For tenancies that have rolled into a periodic term, Standard Terms cl 96 provides six grounds where the lessor can terminate without any breach by the tenant. Each ground has a specific notice period and each requires written evidence supporting the reason. None of these grounds applies during a fixed-term tenancy — they are all periodic-only.

A notice given under cl 96 must, under cl 96(2), be accompanied by written evidence supporting the lessor’s reason. Examples given in the Standard Terms include “statutory declaration, development application, quotes from a tradesperson for renovations, notice of decision from the housing commissioner.” Failing to attach evidence is one of the most common reasons cl 96 notices are challenged successfully.

If the tenant does not vacate by the date in the notice, you must apply to ACAT under Section 47 for a termination and possession order. ACAT can suspend the order for up to 3 weeks under Section 47(2) if the tenant would suffer disproportionate hardship.

The tenant has a parallel right under cl 97: if required to vacate under cl 96, the tenant may vacate at any time during the 2 weeks before the date in the notice provided they give the lessor 4 days’ notice of intention to vacate. The tenancy then ends on the date the tenant actually vacates.

Lessor Genuinely Intends to Live in the Premises (cl 96(1)(a)) — 8 Weeks

If you genuinely intend to move into the property yourself, you can give 8 weeks’ notice. The evidence is typically a statutory declaration of intent. The intent must be genuine — not a workaround for ending the tenancy on other grounds.

Lessor’s Immediate Relative Genuinely Intends to Live in the Premises (cl 96(1)(b)) — 8 Weeks

If you genuinely believe an “immediate relative” intends to live in the premises, you can give 8 weeks’ notice. Immediate relative is defined in cl 96(3) as “a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law or sister-in-law.” The list is exhaustive — cousins, nephews, grandparents, and step-relatives are not included for this ground (though see “interested person” below).

Interested Person Genuinely Intends to Live in the Premises (cl 96(1)(c)) — 8 Weeks

An “interested person” is defined in cl 96(3) as “a person who is not an immediate relative of the lessor but who has a close family or personal relationship with the lessor and who has a reasonable expectation arising from that relationship that the lessor would provide accommodation for the person.” This captures relationships like a long-term partner who is not formally a spouse, a step-child, or a person the lessor has long supported.

Lessor Genuinely Intends to Sell the Premises (cl 96(1)(d)) — 8 Weeks

If you genuinely intend to sell the property, you can give 8 weeks’ notice. The Termination Grounds for Landlords factsheet identifies acceptable evidence as “a statutory declaration or (if available) a sales contract.”

Important: This ground applies only during a periodic tenancy. A fixed-term tenancy cannot be ended on this ground. Instead, you can sell the property subject to the existing fixed-term tenancy continuing — the buyer takes the property with the tenant in place. The buyer can then end the tenancy after the fixed term ends, on one of the other grounds (such as wanting to move in) if applicable.

Renovation, Reconstruction or Major Repairs (cl 96(1)(e)) — 12 Weeks

If you genuinely intend to reconstruct, renovate or make major repairs that cannot reasonably be carried out with the tenant living in the premises, you can give 12 weeks’ notice. Acceptable evidence includes a statutory declaration, quotes from a tradesperson, architectural plans, or a development application. The work must be substantial enough that the tenant cannot reasonably remain in occupation — a kitchen reno that takes a week is unlikely to qualify; a structural rebuild is.

Change of Use to Non-Residential (cl 96(1)(f)) — 26 Weeks

If you genuinely require the premises for a lawful use other than as a home (such as converting it to a business use), you can give 26 weeks’ notice. The proposed use must be lawful — it must comply with zoning rules and any crown lease requirements applicable to the premises. Acceptable evidence includes a statutory declaration, a business plan, or a development application.

This is the longest periodic notice period under cl 96 — 6 months — reflecting the more disruptive nature of permanently removing a property from the residential rental market.

Posting Termination — Both Fixed Term and Periodic (Schedule 2 cl 102)

The posting termination clause is not part of Schedule 1’s Standard Residential Tenancy Terms and is not within cl 96. It sits at Schedule 2, section 2.1, clause 102 of the Act (the tenant-side mirror is cl 102A). These are optional additional terms — the tenancy agreement is taken to contain the posting termination clauses only if the lessor or tenant elect to include them at the start of the tenancy. You cannot retrospectively add a posting clause once the tenancy is underway.

Where the clause is included, under cl 102(1), if the lessor, or the lessor’s domestic partner, is posted to the ACT in the course of their employment, the lessor may terminate the tenancy by giving the tenant at least 8 weeks’ notice to vacate, accompanied by written evidence of the posting (cl 102(2)) — typically a letter from the employer. The tenant is entitled under cl 102(3) to vacate earlier on notice (at least 2 weeks, or 4 days in the last 2 weeks of the lessor’s notice period), and the tenancy terminates on the day the tenant vacates (cl 102(4)).

The extension of this clause from “the lessor” to “the lessor, or the lessor’s domestic partner” took effect on 12 October 2025 via the Justice and Community Safety Legislation Amendment Act 2025 (No 3) (A2025-22, s 35). For tenancy agreements entered into on or after that date, a posting of the lessor’s domestic partner to the ACT engages the ground. F1 (the Renting Book, January 2026 edition) notes that “domestic partner” includes a spouse, civil union partner, or civil partner — so the term is inclusive of spouses. This ground applies to both fixed-term and periodic tenancies.

Other Termination Grounds

The remaining grounds vary in process and notice requirements. Some require ACAT permission before any termination takes effect; others involve a notice plus an ACAT application. The common feature is that none of these grounds permits a “no-fault” termination outside the cl 96 framework.

Significant Hardship to the Lessor (Section 50) — Fixed Term Only, ACAT Permission Required

If you will suffer significant hardship if the tenancy is not terminated, you can apply to ACAT for permission to end the tenancy under Section 50. This ground applies to fixed-term tenancies only — if the tenancy is periodic, you would use one of the cl 96 grounds (sale, move-in, etc.) instead.

ACAT can end the tenancy on this ground only if it is satisfied that the lessor’s hardship will be greater than the hardship the tenant would suffer if the agreement were terminated. The notice period ACAT will give the tenant is structured as an 8-week floor with a hardship exception. Under Section 50(3), if ACAT is not satisfied about the second-tier hardship test, ACAT must specify a day not less than 8 weeks after the decision to terminate and give the tenant no less than 8 weeks’ notice. Under Section 50(2), ACAT can specify a day less than 8 weeks only where it is satisfied both that the lessor would suffer significant hardship if the agreement were not terminated within 8 weeks AND that the lessor’s hardship would be greater than the tenant’s hardship from the earlier termination. (Note: F2, the ACT Government landlord factsheet, describes this as “a presumption the tenant will be given 8 weeks to vacate unless the landlord would suffer significant hardship if the tenancy is not ended sooner” — which is a plain-English gloss of the same two-tier rule.)

Examples of significant hardship might include serious financial distress (loss of employment combined with inability to meet mortgage payments), a health crisis requiring the lessor to move into the property, or other unforeseen circumstances making continuation of the tenancy untenable. General financial inconvenience or the desire to capture rising market rents will not meet the threshold.

Damage, Injury or Intention to Damage (Section 51) — Both Fixed and Periodic, ACAT Permission Required

You can apply to ACAT under Section 51 if the tenant has intentionally or recklessly caused or allowed, or is likely to cause or allow:

• Serious damage to the premises, or to other property of the lessor
• Injury to the lessor or a member of the lessor’s family (or, if the lessor is a corporation, injury to a representative of the corporation or a family member of the representative), or
• Serious or continuous interference with the quiet enjoyment of nearby premises by an occupier of the premises

The mens rea matters. The statute requires either intention or recklessness, and it captures both completed conduct (“caused or allowed”) and prospective conduct (“is likely to cause or allow”). Simple accidental damage does not engage this ground. Where ACAT makes a termination and possession order under Section 51, the statute says it is effective immediately — there is no suspension power in Section 51 itself. (F2, the ACT Government landlord factsheet, uses a simplified “caused (or recklessly permitted)” phrasing for readability; the statutory language is broader and more precise, and is what ACAT will apply.)

This ground does not require the standard cl 93 notice-to-remedy/notice-to-vacate sequence — you apply directly to ACAT. The ground applies to both fixed-term and periodic tenancies.

Documentation is critical for these applications. Photographs of damage, repair quotes, police reports (where relevant), and statements from neighbours or affected parties are typically required. ACAT will assess whether the damage is “serious” or the interference “serious or continuous” — minor disputes between neighbours or normal wear and tear will not satisfy the test.

Threats, Harassment, Intimidation or Abuse by Tenant (Section 51A)

This ground applies where a tenant has engaged in conduct against a lessor or related person that is either (a) threatening, intimidating, harassing or abusive, or (b) conduct that the lessor or related person is reasonably likely to find threatening, intimidating, harassing or abusive (Section 51A(1)). “Related person” is defined in Section 51A(8) as an agent or representative of the lessor, or a family member of the lessor — so the “reasonably likely to find” test applies to their perception as well, not just the lessor’s.

The procedure has two distinctive features:

1. You must give the tenant written notice of the conduct details not later than 14 days before applying to ACAT (Section 51A(3)). This warning step is mandatory.
2. ACAT cannot list the matter for hearing until at least 21 days after the lessor gives the tenant the Section 51A(3) notice (Section 51A(4)).

If ACAT makes a termination and possession order under s 51A(5)(a), it may suspend the operation of the order for up to 21 days under Section 51A(6) if the tenant would suffer significant hardship greater than the lessor’s hardship from the suspension. In deciding whether to make the order, ACAT must take into account the list of factors in Section 51A(7), including the nature, frequency and duration of the conduct, any family violence or protection orders, and whether the tenant has stopped or agreed to stop the conduct.

These day counts are statutory — treat them as calendar days, not business days. The ground applies to both fixed-term and periodic tenancies.

False or Misleading Statements by the Tenant (Section 52)

If you entered into the tenancy agreement because of a false or misleading statement made by the tenant — typically in the rental application — you can apply to ACAT for permission to end the tenancy. The misleading statement must have been material to your decision to enter the agreement. Falsified employment details, undisclosed prior tenancy disputes, or false references would typically qualify; trivial misstatements would not.

This ground applies to both fixed-term and periodic tenancies.

Employer-Provided Accommodation (Section 53)

If the tenant lived in the property as part of a contract of employment that has now ended, and you need the property for another employee, you can apply directly to ACAT under Section 53(1) for a termination and possession order. Section 53 is an ACAT-only ground — no pre-application notice to the tenant is required by the statute.

Section 53(2) provides a parallel pathway for universities in respect of tenancy agreements between a university and a visiting academic, staff member, contract employee, postgraduate student, undergraduate student, or person undertaking an approved course of study, where the person ceases to be a person of that kind.

If ACAT makes an order under Section 53(1) or (2), ACAT itself must give the tenant no less than 4 weeks’ notice of the termination (Section 53(3)). The 4-week notice is built into the ACAT order — you do not need to give 4 weeks’ notice yourself before applying. The ground applies to both fixed-term and periodic tenancies.

Subletting Without Consent (Section 54)

If the tenant has purported to consent to a person becoming a co-tenant, or has assigned or sublet the premises, without following the process set out in the Standard Terms (or a term endorsed by ACAT) — for example, without obtaining the lessor’s consent — you can apply to ACAT for permission to end the tenancy under Section 54. This ground applies to both fixed-term and periodic tenancies.

Repudiation Without Vacation (Section 55)

If a tenant repudiates the tenancy in writing and specifies a vacate date but does not move out by that date, you can apply to ACAT under Section 55. “Repudiation” is a legal term for an unwillingness or inability to perform fundamental obligations under a contract — it is more than a simple breach.

Two important points:

• You must have accepted the notice of repudiation — that is, accepted that the tenant is unable or unwilling to continue with the lease.
• You are not required to issue any notice to vacate to the tenant before applying to ACAT.

This ground is rarely used and the legal threshold is high. Tenancy Advice Service or the Law Society of the ACT can refer you to specialist advice before relying on it.

Loose-Fill Asbestos and Affected Premises (Sections 55A and 55B)

If the premises contains, or has contained, loose-fill asbestos insulation, or if the property is an eligible impacted property under the ACT Government’s loose-fill asbestos property buyback program, you can apply to ACAT for permission to end the tenancy. Section 55A covers “affected residential premises” and Section 55B covers “eligible impacted property.”

These grounds reflect the ACT’s ongoing response to the legacy of “Mr Fluffy” loose-fill asbestos insulation in Canberra homes.

Successor in Title (Section 64)

Under Section 64 of the Act, a person other than the landlord who becomes entitled to possession of the property — for example:

• A child who inherits the property after the landlord’s death, or
• A lender who forecloses on a mortgage after the landlord defaults

— can terminate the tenancy. Section 64(1) requires the successor to notify the tenant as soon as practicable after becoming entitled to possession (and that the former lessor is no longer lessor), and to give the tenant not less than 8 weeks’ notice to vacate the premises. Under Section 64(3), the tenancy terminates at the end of the 8-week period (or on a later date specified in the notice). If the tenant does not vacate despite the agreement having terminated, the successor may need to apply to ACAT for a termination and possession order or warrant for eviction to enforce the termination.

This ground does not apply to a buyer who has purchased the property in an ordinary sale where the buyer knew or could reasonably be expected to know about the tenancy (Section 64(2)). In those cases, the buyer takes the property subject to the tenancy and would need to use one of the standard cl 96 grounds (such as wanting to move in) once the fixed term ends. The ground applies to both fixed-term and periodic tenancies.

Premises Unavailable Due to Government Action (Standard Terms cl 86–87)

If the premises are not available or will not be available because of Government action within 4 weeks of the date of the notice, the lessor (or the tenant) may terminate the tenancy under Standard Terms cl 86(1)(b). The “are not available” limb covers current unavailability (for example, a condemnation order that has already issued); the “will not be available” limb covers prospective unavailability within the 4-week window. The lessor must give at least 1 week’s notice (cl 87(1)) and, if the tenant does not vacate, apply to ACAT for a termination and possession order. The ground applies to both fixed-term and periodic tenancies.

Premises Not Fit for Habitation (Standard Terms cl 86–87)

If the premises are not fit for habitation — for example, after a flood or fire event — the lessor or the tenant may terminate the tenancy under cl 86(1)(a). The lessor must give at least 1 week’s notice (cl 87(1)). Rent abates from the date the premises are uninhabitable where the lessor gives notice (cl 87(1)). Where neither the lessor nor the tenant gives notice, rent still abates for the period the premises cannot be used for habitation, and the tenancy resumes when the premises can be used again (cl 87(3)).

A tenant in this situation can give just 2 days’ notice of termination (cl 87(2)).

Important caveat in cl 86(2): A lessor or tenant must not terminate the tenancy under this ground only because the lessor has failed to comply with the minimum housing standards. A tenant facing minimum housing standards non-compliance has a separate route under Section 46AA of the Act.

Tenant Becomes the Lessor

If the tenant purchases the property they are renting — for example, where a property is sold subject to a fixed-term tenancy and the tenant ends up buying it — F2 (the ACT Government’s Tenancy Termination Grounds for Landlords factsheet) describes the tenancy as “terminated where the tenant and the landlord are the same person.” No notice or ACAT application is required because the tenancy has ended by the merger of tenant and lessor into the same party. The ground applies to both fixed-term and periodic tenancies.

Family Violence Terminations (Division 4.3A)

Family violence terminations are tenant-initiated under Division 4.3A of the Act. A landlord cannot use family violence as a ground to end a tenancy — but landlords have specific obligations when a tenant gives them a Family Violence Termination Notice (FVTN). Mishandling these obligations can lead to significant penalties.

Receiving a Family Violence Termination Notice

Under Section 46D, a tenant (or co-tenant) who has experienced family violence, or whose dependent child has experienced family violence, can give the lessor a Family Violence Termination Notice (FVTN). The notice must state the day the tenant intends to vacate (the vacating day) and must be accompanied by at least one of four categories of supporting document (Section 46D(3)(b)):

1. A family violence order protecting the tenant or child under the Family Violence Act 2016 — note there is no “final” qualifier in the statute, so an interim family violence order will count
2. An injunction under the Family Law Act 1975 (Cwlth), section 68B or section 114, in relation to the tenant or child
3. A competent person declaration under Section 46I of the Act — a declaration from a person (such as a doctor, social worker, nurse, psychologist, or other prescribed professional) stating that the tenant or dependent child has experienced family violence, provided the tenant or child has previously consulted that person as part of their professional practice
4. Any other document prescribed by regulation

A landlord who rejects an FVTN because the accompanying document is (for example) an interim rather than a final family violence order, or a Family Law Act injunction rather than a Family Violence Act 2016 order, is on wrong ground — the statute recognises all four categories.

Under Section 46E, where the FVTN relates to a sole tenancy, the agreement is terminated on the vacating day stated in the notice. The tenant does not have to pay rent for any period after the vacating day, and no break-lease fee applies in fixed-term tenancies (Section 46D(5)).

Under Section 46H, a lessor who receives an FVTN must not ask the tenant to give any other information not already provided in the notice. This is a prohibition — do not ask follow-up questions about the circumstances of the family violence.

Lessor’s Obligations on Receiving an FVTN (Co-tenancies)

If the FVTN relates to a co-tenancy (more than one tenant on the lease), Section 46F imposes specific obligations on the lessor. The obligations, and their sequencing, are tightly defined.

The 7-day deadline applies to both obligations. Under Section 46F(2), the lessor must — within 7 days after the vacating day stated in the FVTN — do two things:

• Give each of the remaining co-tenants a “notice of continuing tenancy” under Section 46F(2)(a), covering the matters in Section 46G(2) to (5) (the co-tenant who gave the FVTN stops being a party; the agreement continues on the same terms between the lessor and the remaining co-tenants; and any remaining co-tenant may terminate by giving a notice of intention to vacate with at least 3 weeks’ notice, or — in a fixed-term agreement — no later than 4 weeks after the notice of continuing tenancy is given)
• If a bond is held in relation to the agreement, tell the Territory (the ACT Revenue Office) the name of the co-tenant who gave the FVTN and that the lessor has received an FVTN from that co-tenant, using the prescribed Notice to Territory form (form F7). The Territory notification is only required if a bond is held. If no bond is held, this obligation does not apply.

Sequencing (Section 46F(3)). The lessor must not give the notice of continuing tenancy to the remaining co-tenants until after both:

• The vacating day stated in the FVTN, and
• If a bond is held, the Territory notification

So even though the 7-day clock applies to both obligations, the notice of continuing tenancy cannot be given before the vacating day, and where a bond is held, the Territory must be notified first.

Do not give supporting documents to the remaining co-tenants. Under Section 46F(4), the lessor must not give any supporting document for the FVTN to any remaining co-tenant. This is an absolute prohibition.

Securely store or destroy supporting documents (Section 46K). The lessor must securely store any supporting documents and destroy them once they are no longer needed.

Confidentiality (Section 46J). It is an offence to use or disclose information contained in a supporting document for an FVTN other than for a tenancy-management purpose authorised by Section 46J. Disclosing the information to the remaining co-tenants, neighbours, agents, or other parties beyond that narrow authorisation exposes the lessor to criminal penalties.

What ACAT Cannot Do

Under Section 46L, ACAT must not decide whether family violence has occurred. The competent person declaration or evidentiary document is conclusive for the purposes of the FVTN. A lessor who challenges the validity of an FVTN on the ground that the family violence did not occur will not succeed.

What Happens to the Bond

Bond treatment after a family violence termination is complex and is covered in detail in the Rental Bond ACT guide. In summary: the leaving tenant’s share of the bond is treated under Section 35B as if they had given a notice of intention to vacate and is dealt with separately from any end-of-tenancy bond release relating to the remaining tenants.

For more detail on the lessor’s family violence obligations, see the ACT Government Ending a Tenancy Because of Domestic or Family Violence page.

Abandonment

If a tenant abandons the premises, Section 61 of the Act provides that “the agreement terminates on the day of abandonment.” The provision is declaratory — no notice is required and no ACAT order is needed to end the tenancy itself. However, the landlord must follow the Section 61A process to confirm that abandonment has occurred before acting on it. Simply assuming abandonment based on the tenant being absent for a few days exposes you to a wrongful possession claim.

Confirming Abandonment (Section 61A)

Section 61A applies only where the lessor has taken all reasonable steps to contact the tenant AND believes on reasonable grounds that the premises have been abandoned (Section 61A(1)). Both conditions must be satisfied. The Act gives an example: a lessor who has tried unsuccessfully to call the tenant, sent letters to the tenant’s postal and email addresses, driven past the premises on several occasions at different times and noticed no activity, and seen signs of disrepair such as a smashed window, has taken all reasonable steps.

Where both conditions are satisfied, the lessor may — without the tenant’s consent and without giving notice — enter the premises to confirm whether they have been abandoned (Section 61A(2)). The statute places explicit time restrictions on this entry (Section 61A(3)): the lessor must not enter:

• On a Sunday, or
• On a public holiday, or
• Before 8 am or after 6 pm on any other day

A landlord who enters without first taking reasonable steps to contact the tenant, or who enters outside the permitted hours, has entered unlawfully and is exposed to damages.

Indicators that may point to abandonment include:

• Removal of substantially all of the tenant’s belongings
• Disconnection of utilities by the tenant
• Mail piling up over an extended period
• Unpaid rent for an extended period combined with no contact
• Statements from neighbours that the tenant has moved out

Indicators that point against abandonment include:

• Belongings still in the property
• A pet or vehicle at the property
• Recent rent payments
• Recent contact with the tenant

Disputes About the Date of Abandonment

If there is a dispute about the date of abandonment, the note to Section 61 directs parties to the ACT Civil and Administrative Tribunal Act 2008, section 53 — under which the parties may apply to ACAT for an interim order declaring when the premises were abandoned. The safer course where there is doubt is to issue a notice to remedy for unpaid rent (if applicable) and seek this interim order before taking possession.

Compensation for Abandonment

Under Section 62, a former lessor may apply to ACAT for compensation where the tenant abandons premises before the end of a fixed-term agreement. ACAT can award compensation for (a) the loss of rent the lessor would have received had the agreement continued to the end of its term (capped at an amount equal to 25 weeks’ rent under Section 62(3)(a)), and (b) reasonable costs of advertising the premises for lease and giving a right to occupy to another person (capped at an amount equal to 1 week’s rent under Section 62(3)(b)). For periodic agreements, Section 63 caps the claim at an amount equivalent to 3 weeks’ rent.

Retaliatory Notices and Applications (Section 57)

This is one of the most consequential provisions in Part 4 for self-managing landlords, and one of the most commonly overlooked. Under Section 57, ACAT must not make a termination and possession order on a retaliatory application.

A landlord application is retaliatory if ACAT is satisfied that one or more of the following events happened AND that the lessor was motivated to apply for the termination and possession order because of that event (Section 57(1)(b)(i)–(iii)):

• (A) The tenant applied to ACAT for an order in relation to the lessor (note: this is the tenant filing an application — it does not require the tenant to have obtained an order)
• (B) The tenant complained to a government entity in relation to the lessor
• (C) The tenant took reasonable action to secure or enforce the tenant’s rights (the Act gives as examples the tenant seeking legal advice or mediation)
• (D) ACAT made an order in favour of the tenant against the lessor
• (E) The tenant published information, or disclosed information that was published, about the premises, the residential tenancy agreement, or the lessor — subject to the tenant not knowingly or recklessly publishing or disclosing false or misleading information (Section 57(1)(b)(ii))

The retaliatory bar is mandatory. ACAT is not exercising discretion when it refuses a retaliatory application — Section 57(2) says “The ACAT must not make the termination and possession order.” The provision is designed to prevent landlords from using termination as a weapon against tenants who assert their rights.

Two points landlords commonly get wrong:

• Trigger (A) is separate from trigger (D). A tenant who has filed an ACAT application is protected even if no order has yet been made. You do not need to wait for the tenant to win to be exposed to the retaliatory bar.
• Trigger (E) is broad. “Published or disclosed” includes communication (Section 57(3) defines publish inclusively), and “information” includes “an allegation, complaint or opinion” — so a tenant’s social-media post or complaint to a consumer advocacy group can engage this trigger.

The practical consequence: if a tenant has recently done any of the things in (A)–(E), a termination notice issued in close proximity will be vulnerable to a retaliation argument. The closer in time, the stronger the argument. The cleaner course is to allow time to pass and to be able to demonstrate an independent, contemporaneous, documented reason for the termination.

If you receive a complaint, repair request, ACAT application, or tenant disclosure about the premises, and you are also planning to terminate the tenancy on a separate ground, document the termination ground (such as a sales contract for a sale ground, or a development application for a renovation ground) before the tenant’s protected activity arises if possible, or in any event keep dated records that establish the termination decision was independent.

Defective Termination Notices (Sections 58 and 59)

Sections 58 and 59 deal with what happens when a termination notice is defective. The Act’s dictionary defines “defective termination notice” in a multi-layered way: a notice is defective if (a) there is a Minister-approved form under Section 133 and the notice is not in that approved form; or (b) there is no approved form and the notice does not contain the information required by the Standard Terms; or (c) for an FVTN, the notice does not contain the information required under s 46D or is not accompanied by a supporting document under s 46D(3)(b); or (d) the notice is not given in accordance with the Act (which picks up the Regulation s 5 service rules).

Where the Tenant Vacates Anyway (Section 58)

Under Section 58(2), if the tenant vacates the premises in accordance with a defective termination notice, the residential tenancy agreement terminates on the day the tenant vacates the premises — by operation of law. There is no application to ACAT required to “confirm” the termination; the statute itself terminates the tenancy on that day.

However, Section 58(3) gives the former tenant (not the lessor) the right to apply to ACAT for either or both of (a) an order for compensation for wrongful eviction, and/or (b) an order for reinstatement as tenant in possession of the premises. This right is available for any defective termination notice other than one that was defective because it was not served in accordance with the Act.

For a reinstatement order, ACAT must be satisfied under Section 58(4) that the premises are vacant, the lessor has not entered into a new tenancy agreement with another tenant, and it is appropriate to make the order.

The upshot for a self-managing landlord: if you serve a defective notice and the tenant complies, you cannot assume the matter is closed. The former tenant retains the right to come back and seek compensation or even reinstatement — potentially months after you have re-let the premises. The only way to protect against this risk is to serve a compliant notice in the first place.

Where the Tenant Does Not Vacate (Section 59)

Where a lessor serves a defective termination notice and the tenant does not vacate, Section 59(2) allows the lessor to apply to ACAT for (a) an order correcting the defect, and (b) a termination and possession order. However, Section 59(3) imposes a single statutory test: ACAT must not make either order unless satisfied that the defective termination notice did not, and is not likely to, place the tenant in a significantly worse position than the tenant would have been in had the notice not been a defective termination notice.

The “significantly worse position” test is narrow. A defect that omits mandatory content (such as the cl 92(b)(ii) “must” statement on a notice to remedy for rent default, or the accompanying written evidence on a cl 96 notice) will typically leave the tenant in a significantly worse position — because without that content, the tenant cannot know what they need to do to remedy the situation or challenge the ground.

The safer course is always to serve a fresh, compliant notice as soon as a defect is identified and restart the clock. Relying on Section 59 to cure a defect is a high-risk path.

Applying to ACAT for a Termination and Possession Order

Once you have served a valid notice and the tenant has not vacated by the required date, you apply to ACAT using the Application for Resolution of a Tenancy Dispute form (form E1 in this guide’s source documents).

What to Include in the Application

The application should be lodged with copies of:

• The residential tenancy agreement
• The notice to remedy and notice to vacate (if applicable)
• The rent ledger (for non-payment of rent applications)
• Any condition reports
• For cl 96 notices, the supporting evidence (statutory declaration, sales contract, etc.)
• Any photographs, repair quotes, or other documentation supporting the ground

If the application is urgent, lodge an Application for Interim or Other Orders form at the same time.

What to Expect

The case will typically be scheduled for a short hearing on a Wednesday or Thursday. ACAT will send a notice to all parties stating the date, time and location of the hearing, and indicating when documents must be provided. A decision is usually made at the end of the hearing, though in some cases the ACAT Member will reserve the decision and provide it later. A copy of the orders will be sent to the parties.

What ACAT Will Decide

ACAT can make orders to:

• Terminate the lease and order vacant possession (a “termination and possession order”)
• Make a payment order (for non-payment of rent matters under Section 49A)
• Suspend the order for up to 3 weeks where the tenant would suffer disproportionate hardship
• Refuse the application (including where Section 57 retaliatory application applies)
• Dismiss the application

ACAT will typically set a date by which the tenant must vacate. Some orders state that they “take effect as a warrant for eviction” if the tenant does not vacate by the stated date — in that case, you do not need to apply for a separate warrant; you contact the AFP directly.

Warrants for Eviction

If ACAT has made a termination and possession order and the tenant has not vacated, you apply for a warrant for eviction. The warrant authorises the AFP to attend the property and remove the tenant.

How to Apply

Use the Application for a Warrant for Eviction form. There is no fee for this application. You must:

• State what orders you are seeking
• Complete the statutory declaration on page 2 explaining why you believe the tenant or occupant still resides at the property
• Attach a copy of the termination and possession order (or vacant possession order) made by ACAT
• Lodge the form as soon as possible after completion

The statutory declaration should describe specific evidence that the tenant has not vacated — for example, that the keys have not been returned, you have seen or heard the tenant or their pet, vehicle or belongings at the property, or you have seen lights on at the property. ACAT publishes an example declaration along the lines of:

“The tenant was required to vacate the premises at 5pm on [date]. The tenant did not return the keys on [date], or on the morning of [next day]. At [time] on [next day], I drove past the rented property and saw the tenant’s car parked in the driveway. I also saw belongings on the front porch. I telephoned the tenant at [time] on the same day. The tenant said: ‘I am not moving out’.”

What Happens Next

Your application is usually considered by the ACAT Registrar in chambers without a hearing. ACAT will let you know the outcome. If the warrant is issued, ACAT sends it to the AFP, and the AFP will organise a date and time for the eviction. If you are seeking compensation and/or costs, a short conference or hearing will usually be scheduled at a later time.

Self-Help Eviction Is Unlawful

Under no circumstances may a landlord change the locks, remove a tenant’s belongings, disconnect utilities, or take any other physical step to remove the tenant outside this warrant process. Self-help eviction exposes you to ACAT compensation orders, potential criminal charges for trespass or assault, and reputational damage. Even after a warrant is issued, only the AFP — not the landlord — physically conducts the eviction.

If the tenancy ends and money or damage is disputed, our ACT rental bond guide guide explains the money and evidence side.

Common Mistakes to Avoid

These are the most frequently observed mistakes self-managing landlords make in ACT termination processes — each of them either invalidates the notice, costs months of lost rent, or exposes the landlord to ACAT orders for compensation.

Trying to End a Tenancy “Without Cause”

The single biggest change in ACT tenancy law in recent years is the abolition of no-grounds termination. There is no longer any general “end of fixed term” or “no reason needed” pathway. Every termination must rely on a specific ground in the Act or the Standard Terms, and each ground has its own evidence and notice requirements. If you don’t have a ground, you don’t have a termination.

Issuing a cl 96 Notice During a Fixed Term

The cl 96 grounds — sale, move-in, renovation, change of use — are periodic-tenancy only. You cannot use them during a fixed term. If your tenancy is in a fixed term and you want to end it on one of these grounds, you have two options: wait until the fixed term expires and the tenancy rolls into periodic, or rely on a separate ground (such as significant hardship, which has its own requirements and ACAT permission).

Forgetting the Written Evidence for cl 96 Notices

A cl 96 notice that is not accompanied by written evidence supporting the ground is defective. The most common failures: a sale notice without a sales contract or statutory declaration, a renovation notice without quotes or plans, a move-in notice without a statutory declaration of intent. The evidence must accompany the notice — not be supplied later in response to a tenant query.

Issuing a Notice to Vacate for Rent Default Without First Issuing a Notice to Remedy

Outside the three-strikes scenario in cl 92(f), you cannot jump straight to a notice to vacate for unpaid rent. You must first issue a notice to remedy giving the tenant 7 days to pay, and the notice to remedy must contain the cl 92(b)(ii) statement that “no further action must be taken and the tenancy continues” if the tenant pays within 7 days. Substituting “will” for “must”, or skipping the statement entirely, makes the notice defective and the entire termination chain defective.

Issuing a Notice to Remedy Too Early

You can only issue a notice to remedy for non-payment of rent not earlier than 1 week after the day when the rent was due (cl 92(b)(i)). Because cl 92(a) deems the first day of the 1-week period to conclude at midnight on the day the rent was due, the notice can only be served 8 days after the due date. Example: rent due Monday 1 July → notice to remedy may be served from Tuesday 9 July at the earliest. Issuing the notice on day 3 or day 5 of unpaid rent invalidates it.

Calculating Notice Periods From the Wrong Day

A notice period runs from the date of service of the notice, not the date the notice is dated, drafted, or posted. If you post a notice on Monday and the tenant receives it on Wednesday, the notice period runs from Wednesday. Allow a buffer for postal time when calculating end dates — particularly for the 8/12/26-week cl 96 notices where an early hearing date will be denied.

Issuing a Termination Notice Shortly After a Tenant Complaint

This is the retaliatory notice trap (Section 57). If the tenant has recently done any of the Section 57(1)(b)(i) trigger acts — applied to ACAT for an order in relation to the lessor (filing alone is enough, no order needed), complained to a government entity, taken reasonable action to enforce their rights, had ACAT make an order in their favour against the lessor, or published or disclosed information about the premises, the agreement, or the lessor — a termination notice issued shortly afterward will face a retaliation challenge. ACAT must refuse the application if it finds the termination is retaliatory. If you have a separate, documented, contemporaneous reason for the termination, document it carefully and be prepared to demonstrate the independence of the decision.

Self-Help Eviction

Changing the locks, removing belongings, disconnecting utilities, threatening the tenant — none of these are permitted, even after a termination and possession order. Only the AFP, under a warrant for eviction issued by ACAT, can physically remove a tenant from the premises. Self-help eviction exposes you to compensation orders, potential criminal liability, and the loss of any orders ACAT might otherwise have made in your favour.

Mishandling a Family Violence Termination Notice

If a tenant gives you an FVTN, the rules are tightly prescribed. Within 7 days after the vacating day stated in the FVTN, you must (a) give each remaining co-tenant a notice of continuing tenancy, AND (b) if a bond is held, notify the Territory. Both obligations share the same 7-day clock. However, you must not give the notice of continuing tenancy to the remaining co-tenants until after (i) the vacating day itself AND (ii) if a bond is held, the Territory notification. Never give the supporting document (family violence order, Family Law Act s 68B/114 injunction, or competent person declaration) to the remaining co-tenants. Securely store or destroy the supporting documents under Section 46K. Disclosure of the information in a supporting document is an offence under Section 46J. Do not ask the tenant for follow-up information (Section 46H).

Treating a Notice to Vacate as the End of the Tenancy

A notice to vacate is the start of a process — not the end. If the tenant doesn’t leave by the date in the notice, the tenancy continues until ACAT terminates it. Re-letting the property, advertising it for new tenants, or assuming you can take possession without an ACAT order will leave you exposed.

Frequently Asked Questions

Can I end my tenant’s lease without a reason in the ACT? No. No-grounds termination is no longer possible in the ACT. You can only end a tenancy on a specific ground set out in the Act or the Standard Residential Tenancy Terms. The Act and Standard Terms provide a range of grounds — some are available in both fixed-term and periodic tenancies, some only in periodic, and some only in fixed-term. Each requires its own evidence and its own notice period. Alternatively, the landlord and tenant can always end the tenancy by mutual written agreement at any time.

Is there a prescribed eviction notice form in the ACT? There is no Minister-approved termination notice form currently in force under Section 133 of the Act. Standard Terms cl 83 sets the mandatory content: the notice must be in writing, in the form required by the Act, and must include the address of the premises (cl 83(a)), the grounds with sufficient particulars (cl 83(b)), and a statement requiring the tenant to vacate by the expiry of the notice period (cl 83(c)). ACAT publishes optional templates for tenant-side notices, and landlords typically draft their own based on cl 83.

How much notice do I need to give for a sale? 8 weeks’ notice plus written evidence of your genuine intent to sell — typically a statutory declaration or a sales contract. The sale ground only applies during a periodic tenancy. You cannot end a fixed-term tenancy on this ground; instead, you can sell the property subject to the existing tenancy continuing.

Can I end a fixed-term tenancy because I want to sell? No. The sale ground (cl 96(1)(d)) is periodic-tenancy only. The property can be sold subject to the tenancy continuing for the remainder of the fixed term. The buyer takes the property with the tenant in place and may then end the tenancy after the fixed term ends, on one of the available grounds (such as wanting to move in).

The tenant is two weeks behind on rent. Can I issue a notice to vacate? Not directly. The procedure under cl 92 requires you to first serve a notice to remedy giving the tenant 7 days to pay. The notice to remedy must contain the cl 92(b)(ii) statement that “no further action must be taken and the tenancy continues” if the tenant pays within 7 days. Only if the rent is not paid within those 7 days can you serve a notice to vacate, requiring the tenant to vacate within a further 2 weeks. The exception is where you have already issued 2 prior notices to remedy for rent in the same tenancy — on the third occasion, you can serve a notice to vacate 1 week after the rent has fallen due, without a further notice to remedy.

What happens if my tenant doesn’t leave by the date in the notice to vacate? The tenancy does not automatically end. You must apply to ACAT for a termination and possession order. ACAT will list the matter for a hearing and decide whether to grant the order, refuse it, suspend it, or — for non-payment of rent — make a payment order instead. If ACAT makes a termination and possession order and the tenant still does not vacate, you apply for a warrant for eviction. Only the AFP can then physically remove the tenant.

Can I just change the locks if my tenant won’t leave? No. Self-help eviction is unlawful in the ACT. Only the Australian Federal Police, under a warrant for eviction issued by ACAT, can physically remove a tenant. Changing the locks, removing belongings, or disconnecting utilities exposes you to ACAT compensation orders and potential criminal liability.

What is a retaliatory notice and why does it matter? Under Section 57 of the Act, ACAT must not make a termination and possession order on a retaliatory application. An application is retaliatory if ACAT finds that one of the five statutory trigger events happened AND the lessor was motivated to apply because of it. The five triggers (Section 57(1)(b)(i)(A)–(E)) are: (A) the tenant applied to ACAT for an order in relation to the lessor (filing alone, even without a resulting order), (B) the tenant complained to a government entity in relation to the lessor, (C) the tenant took reasonable action to secure or enforce their rights, (D) ACAT made an order in favour of the tenant against the lessor, or (E) the tenant published or disclosed information about the premises, the agreement, or the lessor (provided that information was not knowingly or recklessly false or misleading). The retaliatory bar is mandatory — ACAT has no discretion to overlook it. If you are planning to terminate a tenancy where the tenant has recently done any of these things, get the timing and documentation right or expect the application to fail.

My tenant has given me a family violence termination notice. What do I do? If the tenancy is a sole tenancy, the notice takes effect on the vacating day stated in it (Section 46E); you do not need to do anything beyond accepting the notice. If the tenancy is a co-tenancy, you have specific obligations under Section 46F: within 7 days after the vacating day stated in the FVTN, you must (a) give each remaining co-tenant a notice of continuing tenancy, AND (b) if a bond is held, notify the Territory using the prescribed Notice to Territory form. Both obligations share the same 7-day clock. However, under Section 46F(3), the notice of continuing tenancy cannot be given to the remaining co-tenants until after (i) the vacating day AND (ii) — if a bond is held — the Territory notification. Never give the supporting document (which may be a family violence order, a Family Law Act 1975 (Cwlth) s 68B or s 114 injunction, a competent person declaration, or a regulation-prescribed document) to the remaining co-tenants. Do not ask the tenant for further information beyond what the FVTN contains (Section 46H). Securely store or destroy the supporting documents under Section 46K. Disclosure of the information in a supporting document is an offence under Section 46J.

How long does the eviction process take if the tenant doesn’t leave? It depends on the ground. For non-payment of rent, the minimum is roughly 4 weeks from the day rent first falls 1 week behind: 1 week of unpaid rent + 7 days after the notice to remedy + 2 weeks under the notice to vacate, plus the time for ACAT to schedule a hearing. For a cl 96 ground, the minimum is the 8 / 12 / 26-week notice period plus ACAT scheduling. A warrant for eviction adds further time after the termination and possession order — timing of the AFP attendance varies and is set by the AFP after the warrant issues.

Can I issue an eviction notice by email? Regulation s 5 of the Residential Tenancies Regulation 1998 prescribes the service methods for termination notices: personal delivery, prepaid post to the tenant’s last-known residence or business address, or prepaid post to the address for service provided under Standard Terms cl 98. Email is not listed, and the Electronic Transactions Act 2001 reference in the Standard Terms appears only in the bond clause (cl 20 note), not in the notice-service provisions. A termination notice served by email is exposed to a defective-service argument — even if the tenant has otherwise communicated with you by email throughout the tenancy. The safer course is personal delivery or registered/prepaid post every time.

What evidence do I need for a sale notice? The Termination Grounds for Landlords factsheet identifies acceptable evidence as a statutory declaration of intent, or — if available — a sales contract. The evidence must accompany the notice (cl 96(2)). A bare statement of intent without supporting evidence is defective.

Can I end the tenancy if the tenant has not damaged anything but I just don’t get along with them? Not on a “personality clash” basis. You would need to identify a specific ground in the Act or Standard Terms. If the tenant’s conduct rises to the level of threats, intimidation, harassment, or abuse towards you, your family, or your agent, Section 51A is available — but it requires you to give the tenant written notice of the conduct not later than 14 days before applying to ACAT (Section 51A(3)), and ACAT cannot list the matter for hearing until at least 21 days after that notice is given (Section 51A(4)). If the conduct is below that threshold, you may need to wait until the fixed term ends and use a cl 96 ground (such as wanting to sell or move in).

My tenant has abandoned the property. Do I need to apply to ACAT? Section 61 of the Act provides that the agreement terminates on the day of abandonment — so the tenancy has ended by statute, without needing an ACAT order. However, you must follow the Section 61A process to confirm abandonment before changing the locks or re-letting: take all reasonable steps to contact the tenant, satisfy yourself on reasonable grounds that the premises have been abandoned, and then enter to confirm (not on a Sunday or public holiday, and not before 8am or after 6pm). If there is any doubt about whether the property has been abandoned, or about the date of abandonment, the parties may apply to ACAT for an interim order declaring when the premises were abandoned (see the note to Section 61, referring to ACT Civil and Administrative Tribunal Act 2008, s 53). Acting on an incorrect assumption of abandonment exposes you to a wrongful possession claim.

What if my notice has a small mistake — does it have to be reissued? It depends on whether the tenant has vacated. If the tenant has already vacated in accordance with the defective notice, Section 58(2) terminates the tenancy on the day of vacation by operation of law — but the former tenant can apply under Section 58(3) for compensation for wrongful eviction or reinstatement. If the tenant has not vacated, Section 59(2) allows you to apply to ACAT for an order correcting the defect and a termination and possession order, but ACAT must not make either order unless satisfied under Section 59(3) that the defective notice did not, and is not likely to, place the tenant in a significantly worse position than if the notice had not been defective. This is a narrow test — a notice missing mandatory content such as the cl 92(b)(ii) “must” statement, or the supporting evidence on a cl 96 notice, typically fails it. The safer course is always to serve a fresh, compliant notice as soon as the defect is identified and restart the clock.

Can ACAT delay the eviction? For most landlord-initiated grounds, yes — ACAT can suspend a termination and possession order for up to 3 weeks if the tenant would suffer significant hardship greater than the lessor’s hardship from the suspension (Sections 47(2), 48(2)(b), 49(4)). Under Section 51A(6), ACAT can suspend a Section 51A order for up to 21 days on the same hardship test. Section 51 (damage/injury/interference) is different: the statute says ACAT makes the termination and possession order “effective immediately” — there is no suspension power in Section 51 at all. For non-payment of rent, ACAT can also make a payment order instead of terminating (Section 49A) where the tenant is reasonably likely to make the payments, subject to the Section 49A(3)(b) limit on future-rent-only orders.

Where can my tenant get free legal advice? Tenants can contact the Tenancy Advice Service ACT (operated by Legal Aid ACT) on 1300 402 512 or TAS@legalaidact.org.au. Public housing tenants can contact Canberra Community Law on (02) 6218 7900. As a landlord, this matters because tenants who get advice early often resolve issues before they become ACAT applications — which can save you weeks of process and the cost of a hearing.

Summary

ACT tenancy law treats termination as a serious legal event with strict procedural requirements. The reform package that took effect in 2023, and the further amendments through 2024 and 2025, have abolished no-grounds termination entirely. Every termination now relies on a specific ground in the Act or the Standard Residential Tenancy Terms.

The key obligations for a self-managing landlord are:

Identify the right ground for the situation. Sale, move-in, renovation, and change of use are periodic-only and require 8, 8, 12, and 26 weeks of notice respectively, each accompanied by written evidence. Breach-based terminations require a notice to remedy (where the breach is capable of remedy), then a notice to vacate, then an ACAT application. Non-payment of rent has its own special procedure under cl 92. Damage, threats, harassment, and false statements are ACAT-only grounds with no notice-to-vacate prerequisite.

Get the notice content right under cl 83. Address of premises, grounds with sufficient particulars, and a statement requiring vacation by the expiry of the notice period — all in writing. For cl 96 notices, attach the supporting evidence.

Serve the notice properly and keep records of the date and method of service.

Wait the full notice period before applying to ACAT, and never use self-help eviction.

Be alert to the retaliatory bar in Section 57. A termination application made shortly after a tenant has exercised rights under the Act will be vulnerable. ACAT must refuse a retaliatory application — it is not a discretionary matter.

For family violence terminations, follow the Section 46F sequence: if a bond is held, notify the Territory first, then give the remaining co-tenants the notice of continuing tenancy (both within 7 days after the vacating day, and the co-tenant notice must also wait until after the vacating day itself). Never give the supporting document to the remaining co-tenants. Securely store and destroy supporting documents under Section 46K.

Documentation is the single biggest determinant of outcomes at ACAT. Photographs, repair quotes, statutory declarations, sales contracts, building plans, rent ledgers, condition reports, communications with the tenant, dated and contemporaneous notes — these are what win or lose termination applications. Without them, even legitimate grounds can fail.

Related guides for ACT landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• ACT tenancy agreement guide
• ACT rental bond guide
• ACT rent increase guide

Compare eviction and notice guides in other states

• WA eviction notice guide
• NSW eviction notice guide
• QLD eviction notice guide
• VIC notice to vacate guide
• SA eviction notice guide
• Tasmania eviction notice guide