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Residential Tenancies Act ACT: What Every Landlord Needs to Know

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Residential Tenancies Act ACT: What Every Landlord Needs to Know

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This guide is a practical starting point for Australian landlords. Tenancy rules, authority processes and forms can change by state or territory, so use it to understand the workflow, then check the current authority process before issuing formal notices, lodging tribunal applications or making legal or financial decisions. Landlord Wise can help you organise records and ask Wise AI state-specific questions.

If you’re a self-managing landlord in the ACT, the Residential Tenancies Act 1997 (the RT Act) is the law that governs almost everything you do. It sets the terms that must appear in your tenancy agreement, caps how much bond you can take, controls when and by how much you can increase rent, defines the only legal pathways to end a tenancy, and gives the ACT Civil and Administrative Tribunal (ACAT) the jurisdiction to resolve disputes.

The Act doesn’t give you the freedom to write your own rules. Every residential tenancy agreement in the ACT — whether prepared by a private landlord or an agent — automatically incorporates the standard residential tenancy terms set out in Schedule 1 of the Act. You cannot contract out of those terms. Any clause in your agreement that is inconsistent with a standard term is void by operation of section 9, unless ACAT has specifically endorsed it under section 10.

This guide is a navigational overview. It explains what the Act covers, how its parts fit together, what your core obligations are, and where to find the deeper guidance for each topic. If you’re looking for the practical detail on a specific topic — the tenancy agreement itself, the bond process, rent increases, or termination — use the cross-links to the relevant guide.

If you’re looking for the practical workflow behind the Act, start with our ACT tenancy agreement guide, ACT rental bond guide, and ACT rent increase guide guides for this state.

At a Glance: The Residential Tenancies Act 1997 (ACT)

  • Primary legislation: Residential Tenancies Act 1997 (A1997-84) — current consolidation R84, effective 26 November 2025
  • Supporting regulation: Residential Tenancies Regulation 1998 (R16, effective 23 February 2026)
  • Most recent substantive reform package: Housing and Consumer Affairs Legislation Amendment Act 2024 (A2024-29), with key provisions commencing 10 December 2024 and 9 January 2025. The Act has since had further technical amendments by A2025-2, A2025-22 and A2025-29.
  • Standard terms: Schedule 1 of the Act — applies to every residential tenancy agreement
  • Regulator: Access Canberra (accesscanberra.act.gov.au) — administers the Act, regulates real estate agents, runs the Office of Rental Bonds
  • Tribunal: ACT Civil and Administrative Tribunal (ACAT) — acat.act.gov.au — handles all tenancy and occupancy disputes
  • Bond limit: Capped at the first 4 weeks of rent (s 20), one bond per agreement (s 21)
  • Rent increase frequency: No more than once every 12 months (s 64AAA)
  • Rent increase amount cap: Prescribed amount based on the Consumer Price Index (rents subgroup, housing group, Canberra) — see s 64B and Regulation s 5A
  • Termination: A tenancy can only end through one of the pathways set out in section 36
  • Where to read it: legislation.act.gov.au — search "Residential Tenancies Act 1997"

What the Residential Tenancies Act 1997 Does

The RT Act is the single piece of legislation that governs the relationship between landlords (called “lessors” in the Act) and tenants in the ACT. It applies to private rentals, public housing administered by the housing commissioner, and most community and social housing arrangements.

Section 4A sets out the Act’s main objects. In summary, the Act exists to:

  • Define the rights and obligations of lessors and tenants under residential tenancy agreements
  • Set minimum contractual requirements for occupancy agreements (a separate category covered later)
  • Enable prospective tenants and occupants to make informed choices
  • Provide low-cost, informal and timely dispute resolution through ACAT
  • Protect parties from unfair practices
  • Facilitate the availability of stable and secure housing in the ACT

These objects matter because ACAT and the courts use them to interpret the Act when a provision is ambiguous. If a clause in your agreement, or your conduct, would undermine those objects, expect ACAT to read the Act in the way that protects them.

The RT Act is supported by the Residential Tenancies Regulation 1998 (the Regulation), which prescribes specific details — for example, the formula used to calculate the maximum permitted rent increase, certain prescribed forms, and minor modification rules. You need to read the Act and the Regulation together, not in isolation.

Who the Act Applies To

The Act applies whenever a person (the lessor) grants a right of occupation under a residential tenancy agreement to another person (the tenant), unless one of the express exclusions in section 4 applies. Under section 4, the Act does not apply to:

  • Accommodation provided by a registered provider under the Aged Care Act 2024 (Cwlth)
  • Premises prescribed by regulation as not being subject to the Act

Section 6A defines a residential tenancy agreement broadly — any agreement that gives a person the right to occupy premises for residential purposes. Section 6B clarifies that an agreement which is in writing and says it is a residential tenancy agreement will be treated as one even if there’s some doubt. Section 6C confirms that employment-related accommodation (where a person occupies premises as their home under the terms of their employment) is a residential tenancy agreement. Section 6D excludes specific arrangements — agreements arising under a mortgage, holiday accommodation, certain group-controlled housing schemes, and any agreement prescribed by regulation. Section 6E lists certain occupation arrangements that don’t make a person a tenant — including someone with a right of occupation under a contract for sale of the premises.

A second, separate framework sits inside the same Act for arrangements that don’t quite meet the residential tenancy threshold. These are called occupancy agreements and are governed by Part 5A. Section 71C lists the categories that qualify as occupancy agreements — lodging in the grantor’s principal place of residence, education provider residential facilities (such as university colleges), sleeping spaces in buildings with shared facilities (boarding houses and dormitories), emergency or crisis accommodation, housing support programs, club or membership accommodation, and arrangements in residential parks (including manufactured and mobile home sites). The protections under an occupancy agreement are different from a residential tenancy — they’re set out in the “occupancy principles” in section 71EA, and they include their own rules about security deposits (a different concept from a bond) and termination.

For the typical self-managing landlord renting out a house, unit or townhouse to a household, the residential tenancy framework applies. If you’re operating a boarding house, share accommodation, or short-stay arrangement, check carefully whether you fall under the residential tenancy or occupancy framework before proceeding.

How the Act Is Organised

The RT Act is structured into Parts 1 through 9, with several lettered sub-Parts (1A, 3A, 5AA, 5A, 5B) added by amendment over time. The Parts most relevant to a self-managing landlord are:

  • Part 1 (Preliminary) — application of the Act, objects, and key concepts
  • Part 1A (Meaning of residential tenancy agreement) — definitions of lessor, tenant, co-tenant, and what counts as a residential tenancy agreement
  • Part 2 (Residential tenancy agreements) — terms of the agreement, advertising rules, precontractual obligations, smoke alarms, bond/holding deposit framework, and minimum housing standards
  • Part 3 (Bonds) — bond limits, lodgement with the Territory, condition reports, deductions, and the bond release process
  • Part 3A (Co-tenancies) — rules for adding, removing and changing co-tenants
  • Part 4 (Termination of residential tenancy agreements) — every legal pathway to ending a tenancy, including the family violence termination process
  • Part 5 (Rental rate increases) — frequency limit, the prescribed amount cap, and the tenant’s right to apply to ACAT for review
  • Part 5AA (Lessor’s consent in certain matters) — the consent process for tenant requests to keep an animal or make modifications
  • Part 5A (Occupancy agreements) — the parallel framework for non-tenancy occupation
  • Part 6 (Resolution of residential tenancy and occupancy disputes) — ACAT’s jurisdiction and powers
  • Part 7 (Residential tenancy databases) — rules about listing tenants on tenancy databases (sometimes called “blacklists”)

Parts 5B (Residential parks), 8 (Registration of standard guarantee contract for commercial guarantee) and 9 (Miscellaneous) also exist but are outside the scope of this guide.

Schedule 1 — the standard residential tenancy terms — sits at the back of the Act and is, in practical terms, your tenancy agreement template. Every residential tenancy agreement in the ACT is taken to include these terms by force of section 8.

Standard Terms and the Tenancy Agreement

Section 8 of the Act lists the terms that must be included in every residential tenancy agreement. The standard residential tenancy terms in Schedule 1 of the Act are taken to be included in every agreement. Section 9 makes any inconsistent term void unless ACAT has specifically endorsed it under section 10.

In practice, this means:

  • You must use a tenancy agreement that incorporates the Schedule 1 standard terms
  • You can add additional clauses, but they cannot be inconsistent with, or modify, an existing standard term
  • If you try to write a clause that contradicts a standard term, the standard term wins and your clause is void
  • The only way to validly include a clause that is inconsistent with a standard term is to apply to ACAT for an endorsement before the agreement is signed

Section 12 sets out a list of precontractual information you must give the tenant before the agreement is entered into. This includes your full name and an address for service, an energy efficiency rating statement (where one exists for the habitable part of the premises), an asbestos report or asbestos advice, a written statement about the property’s compliance with minimum housing standards, and — if the property is a unit under the Unit Titles Act 2001 — a unit title rental certificate. Schedule 1 clause 13(3) imposes a separate requirement to give the tenant a copy of the owners corporation’s rules before the tenancy commences if the premises are a unit.

Section 19 requires you to give the tenant a copy of the signed agreement within 3 weeks of receiving it back signed by the tenant.

For the practical mechanics of preparing the agreement, what to include in special clauses, the condition report process, and how to deliver the precontractual information, see our Tenancy Agreement ACT guide.

Bonds Under the Act

Part 3 of the Act sets the rules for bonds. The headline points are:

  • Maximum bond: Capped at the first 4 weeks of rent payable under the residential tenancy agreement (s 20). The cap is fixed by reference to the rent at the start of the tenancy — it is not recalculated against current rent if the rent later goes up.
  • One bond per agreement: A lessor may only require or accept one bond per residential tenancy agreement (s 21). There is no scope for a separate “pet bond” or “cleaning bond” on top.
  • Lodgement with the Territory: Bonds are paid to the Territory through the Office of Rental Bonds. The Act sets out who can deposit (ss 23–24), notice requirements (s 25), receipts (s 26), and how the funds are held in trust (ss 27–28).
  • Condition report: A condition report must be prepared at the start of the tenancy (s 29). The condition report is the primary evidence used to assess deductions from the bond at the end of the tenancy (s 30).
  • End-of-tenancy inspection: A final inspection and condition report must be done at the end of the tenancy (s 30A).
  • Bond release: Division 3.4 sets out the bond release process — joint application, application by tenant, application by lessor, and what happens when there is a discrepancy.
  • Disputes: Where there is a dispute about bond release, the matter goes to ACAT under section 35.

Part 3A adds a set of co-tenancy rules — for example, the bond mechanics that apply when one co-tenant leaves and another takes their place.

For the full bond lodgement process, the bond release pathways, time limits, and what to do if the tenant disputes a deduction, see our Rental Bond ACT guide.

Rent and Rent Increases

The rent increase framework in the ACT is one of the most distinctive features of the Act and one of the easiest to get wrong. The rules sit in Part 5.

There are two limits that apply at the same time, and you must comply with both.

The frequency limit

Under section 64AAA, you cannot increase the rental rate unless at least 12 months have passed since:

  • For the first increase under the agreement — the day the tenancy started, or
  • For a later increase — the day the last increase took effect

This 12-month clock attaches to the rental rate, not to the agreement. If a previous lessor (or you, under a previous agreement) increased the rent 8 months ago and the same tenant continues, you cannot increase again for another 4 months even if a new agreement is being signed.

The amount limit — the prescribed amount

Under section 64B, a rent increase must not exceed the prescribed amount unless one of three exceptions applies:

  • For a pre-amendment fixed term agreement to which section 64A applies, the agreement itself permits the lessor to increase the rental rate by the higher amount, or
  • The tenant agrees in writing to a higher increase after receiving the lessor’s notice under s 64B(2), or
  • ACAT gives prior approval

The “prescribed amount” is set by section 5A of the Regulation. It is calculated as 1.1 × current rental rate × (current CPI index number − initial CPI index number) / initial CPI index number, where the index used is the rents subgroup of the housing group of the Consumer Price Index for Canberra published by the Australian statistician.

In plain language: in the ACT, the maximum automatic rent increase is 110% of the change in the CPI rents index for Canberra since the rent was last set or last increased. This is significantly more restrictive than most other Australian jurisdictions, and it’s the single most important difference between ACT rent rules and the rules in WA, NSW, QLD or other states.

If you want to charge more than the prescribed amount, your only options are written tenant agreement or ACAT pre-approval. You must give written notice at least 8 weeks before the increase takes effect, the notice must state the amount of the proposed increase and whether it is more than the prescribed amount, and the tenant has the right to apply to ACAT for review under section 64C. If review is sought, the rent is frozen until ACAT decides (s 66).

For the full rent increase process — including the notice form, how to calculate the prescribed amount, what happens at ACAT, and how to handle tenant pushback — see our Rent Increase ACT guide.

Ending a Tenancy

Section 36 of the Act is the gateway provision for termination. It begins with the words: “Despite anything to the contrary in any territory law, a residential tenancy agreement must not terminate or be terminated other than in the following circumstances.” It then lists the only legal pathways to end a tenancy. Those pathways include:

  • A fixed term ending and the tenant vacating
  • A party serving a termination notice in accordance with the standard residential tenancy terms and the tenant vacating accordingly
  • Tenant termination because the tenant has accepted aged care or social housing accommodation (s 46A)
  • Tenant termination of a fixed term agreement because the lessor is offering the premises for sale (s 46B)
  • ACAT terminating the agreement under Division 4.3 (tenant-initiated grounds), Division 4.4 (lessor-initiated grounds), or Division 6.5A (family violence-related orders)
  • Tenant termination under Division 4.3A (family violence)
  • An ACAT termination and possession order
  • The tenant abandoning the premises
  • The lessor and tenant agreeing in writing to terminate
  • Repudiation accepted by the other party
  • Several specific grounds for crisis accommodation, affected residential premises, and eligible impacted property

The standard terms in Schedule 1 set out the specific notice periods that apply when a lessor terminates a periodic tenancy on no-fault grounds. Under clause 96 of Schedule 1:

  • 8 weeks’ notice if the lessor genuinely intends to live in the premises, or genuinely believes an immediate relative or interested person will, or genuinely intends to sell
  • 12 weeks’ notice if the lessor genuinely intends to reconstruct, renovate or make major repairs that cannot reasonably be carried out with the tenant in occupation
  • 26 weeks’ notice if the lessor genuinely requires the premises for a lawful use other than as a home

Every notice to vacate under clause 96 must be accompanied by written evidence supporting the lessor’s reason. Schedule 1 cl 96(2) lists examples — a statutory declaration, a development application, quotes from a tradesperson for renovations, or a notice of decision from the housing commissioner.

The Act also contains protections against retaliatory termination. Under section 57, ACAT must not make a termination and possession order if it is satisfied the application is retaliatory — typically, where the lessor was motivated to apply because the tenant exercised a right under the Act, made a complaint to a government entity, took reasonable action to enforce their rights, obtained an ACAT order against the lessor, or published or disclosed information about the premises or the agreement. This is a mandatory bar, not a matter of ACAT discretion, if the conditions in s 57(1) are satisfied.

For every ground for termination by a lessor, the prescribed notice form, the eviction process at ACAT, and the warrant procedure if the tenant does not vacate, see our Eviction Notice ACT guide.

Lessor Obligations

Your obligations as a lessor are spread across the Act and Schedule 1. The major ones are:

  • Provide the proposed agreement and standard terms in advance and allow the tenant a reasonable time to consider them (s 12(1))
  • Annotate any clause that is inconsistent with a standard term in a way that draws the tenant’s attention to it (s 12(2))
  • Provide all the precontractual information required by section 12(3), including your full name, an address for service, the energy efficiency rating statement (if any) for the habitable part of the premises, the asbestos report or advice, the minimum housing standards statement, and — for unit-titled properties — the unit title rental certificate (with the owners corporation rules required separately under Schedule 1 cl 13(3))
  • Comply with the smoke alarm requirements in section 11B
  • Comply with the minimum housing standards (s 19B), which are prescribed by regulation under s 19A, and keep records of compliance (s 19C)
  • Lodge the bond with the Territory through the Office of Rental Bonds (Division 3.2)
  • Prepare a condition report at the start of the tenancy (s 29) and a final condition report at the end (s 30A)
  • Maintain the premises in compliance with the standard terms in Schedule 1, including obligations about repairs and quiet enjoyment
  • Give correct notice for entry, rent increases, and termination
  • Not engage in unfair practices — including rent bidding (s 11AD), false or misleading required information in advertising (s 11AA), and requiring more than one bond (s 21)

A breach of many of these obligations carries an offence penalty expressed in penalty units. The Act consistently uses penalty units rather than dollar figures.

Family violence provisions — what landlords must do

The Housing and Consumer Affairs Legislation Amendment Act 2024 significantly expanded the family violence provisions in the Act. These now sit in Division 4.3A. They give a tenant who has experienced family violence (or whose dependent child has) a special pathway to terminate the agreement or — if they are a co-tenant — to stop being a party to it.

Key points for landlords:

  • A tenant can serve a family violence termination notice under section 46D, accompanied by at least one supporting document (a family violence order protecting the tenant or child, an injunction made under the Family Law Act 1975 (Cwlth) section 68B or section 114, a competent person declaration under section 46I, or another document prescribed by regulation)
  • The vacating day stated in the notice must be on or after the day the notice is given
  • The break lease fee clause does not apply when a fixed term is terminated under this section (s 46D(5))
  • For a sole tenancy, the agreement ends on the vacating day (s 46E)
  • For a co-tenancy, the lessor must — within 7 days after the vacating day — give the remaining co-tenants a notice of continuing tenancy and notify the Territory about the bond (s 46F)
  • The lessor must not give the supporting document to the remaining co-tenants (s 46F(4))
  • The lessor must not require the tenant to provide other information beyond what the Act allows (s 46H)
  • It is an offence under section 46J to use or disclose information in supporting documents without authorisation, and supporting documents must be securely stored or destroyed under section 46K
  • ACAT does not adjudicate whether family violence happened (s 46L) — that is not your role and not ACAT’s role

If you receive a family violence termination notice, your job is to process it, comply with the notice requirements to other co-tenants and the Territory, and securely handle the supporting document. You do not have a right to investigate the circumstances or demand additional evidence. For the practical mechanics — including the prescribed forms — see our Eviction Notice ACT guide.

Tenant Obligations

Tenant obligations sit primarily in Schedule 1, with one statutory obligation in section 13 of the Act (the tenant must provide the lessor with the tenant’s full name). The Schedule 1 obligations include:

  • Paying rent on the dates specified by the agreement
  • Using the premises only for the purpose stated in the agreement (typically, residential)
  • Not causing or permitting nuisance or interference with the reasonable peace, comfort or privacy of neighbours
  • Keeping the premises reasonably clean
  • Notifying the lessor of damage or the need for repairs
  • Not making alterations or additions without the lessor’s written consent (subject to the modification rules in Part 5AA)
  • Not assigning, subletting or parting with possession without the lessor’s written consent
  • Returning the premises at the end of the tenancy in the condition required by the standard terms (allowing for fair wear and tear)

Where a tenant breaches a standard term, the Act provides specific remedies — including the breach notice and notice to vacate process under Schedule 1, and the lessor’s right to apply to ACAT under sections 47–55 for a termination and possession order.

Access Canberra’s Role

Access Canberra is the ACT Government regulator that administers the day-to-day operation of the Act. In a tenancy context, Access Canberra is responsible for:

  • Operating the Office of Rental Bonds — receiving and holding bonds, processing release applications, and providing the Rental Bonds Portal that lessors and tenants use to lodge and claim bonds
  • Providing public information about rental laws — through accesscanberra.act.gov.au and The Renting Book (the official ACT Government plain-English guide to tenancy law that lessors must give to tenants under the standard terms)
  • Licensing real estate agents and registering assistant agents under the Agents Act 2003, and investigating complaints about agent conduct
  • Investigating compliance with prescribed obligations under the Act — including offences such as rent bidding, advertising contraventions, and bond-handling breaches

Access Canberra does not adjudicate disputes between lessors and tenants. That is ACAT’s role. Access Canberra’s role is administrative and regulatory.

ACAT’s Role

ACAT — the ACT Civil and Administrative Tribunal — is the tribunal with jurisdiction over residential tenancy and occupancy disputes. Its role is set out in Part 6 of the Act.

ACAT’s jurisdiction includes:

  • Tenancy disputes (defined in s 72)
  • Occupancy disputes (defined in s 73)
  • Bond release disputes
  • Termination and possession applications by lessors and tenants
  • Rent increase reviews under section 64C
  • Endorsement of inconsistent tenancy terms under section 10
  • Lessor’s applications for refusal of consent for animals or special modifications (Part 5AA)
  • Applications under the residential tenancy database provisions in Part 7
  • New tenancy agreement orders connected with family violence and protection orders (Division 6.5A)

Section 79 sets out who can apply. Section 81 requires ACAT to actively assist parties to a tenancy or occupancy dispute to understand the hearing process and present their case. The Act’s objects in section 4A(d) describe the dispute resolution framework as “low cost, informal and timely”. Section 83 lists the kinds of orders ACAT can make.

If a tenant fails to comply with an ACAT order, enforcement is dealt with under section 86. Warrants for eviction are issued under sections 40–41.

For the typical self-managing landlord, ACAT is the venue for everything from a bond dispute to an unpaid rent application to a termination order. Access Canberra is the regulator. ACAT is the tribunal.

The 2024 Amendments — What Changed

The most significant recent reform package to the Act came through the Housing and Consumer Affairs Legislation Amendment Act 2024 (A2024-29). The amendments commenced in stages — sections 41–43 and sections 49–108 of part 8 commenced on 10 December 2024, with the remainder of part 8 commencing on 9 January 2025. The current consolidation R84 of the Act (effective 26 November 2025) incorporates these changes, along with subsequent technical amendments made by A2025-2 (commenced 27 February 2025), A2025-22 (commenced 12 October and 1 November 2025) and A2025-29 (commenced 26 November 2025).

Areas affected by A2024-29 include:

  • Family violence terminations — a substantially expanded Division 4.3A, including the supporting document framework, the co-tenancy notice mechanics, the offences for misuse of supporting documents (s 46J), and the requirement to securely store or destroy supporting documents (s 46K)
  • Standard residential tenancy terms — Schedule 1 was amended; the current Schedule 1 carries the notation “incorporating amendments by Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29”
  • Co-tenancies — additional provisions on becoming a co-tenant under an existing agreement and on consecutive tenancy agreements (Part 3A)
  • Rent increase framework — the current frequency and amount limits operate alongside transitional provisions for pre-amendment fixed term agreements (s 64A)
  • Pets and modifications — Part 5AA codifies the consent process for tenant requests about animals and modifications, including the lessor’s obligation to apply to ACAT to refuse a special modification or an animal request

If you have a tenancy agreement that pre-dates the 2024 amendments, you should not assume the older standard terms still apply unchanged. Review the current Schedule 1 and the current Regulation against your existing agreement.

The Regulation has also been amended more recently — the current consolidation R16 took effect on 23 February 2026 — to reflect changes flowing from the Building and Construction Legislation Amendment Act 2026 (A2026-2).

Where to Find the Act and Stay Updated

The Act and Regulation are published on the ACT Legislation Register at legislation.act.gov.au. Always read the current consolidation, not an older republication. Each republication shows its effective date on the bottom of every page.

  • Residential Tenancies Act 1997 (A1997-84) — current republication R84, effective 26 November 2025
  • Residential Tenancies Regulation 1998 (SL1998-17) — current republication R16, effective 23 February 2026

Other useful sources:

  • Access Canberra rental laws hub — accesscanberra.act.gov.au — plain-language guidance, prescribed forms, and the Rental Bonds Portal
  • ACAT — acat.act.gov.au — application forms, fee schedules, and information sheets for tenancy disputes
  • The Renting Book — the official ACT Government plain-English guide to rental laws (current January 2026 edition). Lessors are required to give tenants a copy of The Renting Book, or tell them where to obtain it, before the tenancy starts (Schedule 1, clause 13)

When the Act changes, the current republication on the Legislation Register is updated. Bookmarking the consolidation page rather than a downloaded PDF is the safer approach.

For the most common landlord workflows in practice, our ACT rental bond guide, ACT eviction notice guide, and ACT rent increase guide guides are the next pages to keep close by.

Frequently Asked Questions About the Residential Tenancies Act 1997

What is the Residential Tenancies Act 1997 in the ACT? It is the primary piece of ACT legislation governing residential tenancies. It defines lessor and tenant rights and obligations, sets the standard terms that apply to every tenancy agreement (Schedule 1), caps bonds at 4 weeks’ rent, controls rent increase frequency and amount, sets out every legal pathway to end a tenancy, and gives ACAT jurisdiction over tenancy disputes.

Does the Act apply to my rental property? The Act applies to almost all residential rentals in the ACT — private rentals, public housing, and most community and social housing. The exclusions are narrow: accommodation provided by registered providers under the Aged Care Act 2024 (Cwlth), and any premises prescribed by regulation. If your tenant has a right of occupation under a residential tenancy agreement and you are not in one of those excluded categories, the Act applies.

Can I write my own tenancy agreement and skip the standard terms? No. Every residential tenancy agreement in the ACT is taken to include the Schedule 1 standard terms by force of section 8. Any clause in your agreement that is inconsistent with a standard term is void under section 9, unless ACAT has specifically endorsed it under section 10. You can add additional clauses, but they cannot modify or contradict an existing standard term.

What is the difference between a residential tenancy agreement and an occupancy agreement? A residential tenancy agreement is the standard “rental” arrangement covered by Parts 1A to 4 of the Act. An occupancy agreement is a separate framework in Part 5A that applies to the categories listed in section 71C — lodging in the grantor’s principal place of residence, education provider residential facilities (such as university colleges), sleeping spaces in buildings with shared facilities (boarding houses and dormitories), emergency or crisis accommodation, housing support programs, club or membership accommodation, and arrangements in residential parks (including manufactured and mobile home sites). The protections are different — occupancy agreements are governed by the “occupancy principles” in section 71EA and use security deposits rather than bonds.

Who regulates landlords in the ACT? Access Canberra is the ACT Government regulator. It administers the day-to-day operation of the Act, runs the Office of Rental Bonds, licenses real estate agents under the Agents Act 2003, and investigates compliance complaints. Access Canberra does not adjudicate tenancy disputes — disputes go to ACAT.

What is ACAT and when do I have to go there? ACAT is the ACT Civil and Administrative Tribunal. It has jurisdiction over residential tenancy and occupancy disputes under Part 6 of the Act. You will need to apply to ACAT for things like a termination and possession order, an unpaid rent application, a bond dispute, ACAT pre-approval for a rent increase above the prescribed amount, or an endorsement of an inconsistent tenancy term. The process is designed to be low-cost and accessible — section 81 directs ACAT to assist parties to disputes.

How much can I increase the rent? At most once every 12 months (s 64AAA), and the increase cannot exceed the prescribed amount under section 64B unless the tenant agrees in writing or ACAT gives prior approval. The prescribed amount is calculated under Regulation s 5A as 1.1 multiplied by the current rental rate multiplied by the proportional change in the CPI rents subgroup for Canberra since the last increase. You must give at least 8 weeks’ written notice. The tenant has the right to apply to ACAT for review.

What is the maximum bond I can take? The first 4 weeks of rent payable under the agreement (s 20). The cap is set by reference to the rent at the start of the tenancy, not the current rent at the time of any later top-up. Only one bond per agreement is allowed (s 21) — you cannot take a separate pet bond or cleaning bond on top.

What grounds can I use to end a tenancy? Only the grounds expressly set out in section 36 and the related Divisions of Part 4. The Act starts with the words “must not terminate or be terminated other than in the following circumstances,” so the list is exhaustive. The standard terms in Schedule 1 set out the specific notice periods for lessor termination of a periodic tenancy — 8 weeks for a personal-use ground or sale, 12 weeks for a major renovation, and 26 weeks for a non-residential use. Every notice to vacate under clause 96 must be accompanied by written evidence supporting the reason.

What happens if a tenant gives me a family violence termination notice? Under Division 4.3A, the tenant can terminate the agreement (or stop being a party to it as a co-tenant) by giving you written notice with a vacating day and at least one supporting document. The break lease fee does not apply (s 46D(5)). For a sole tenant, the agreement ends on the vacating day. For a co-tenant, you must — within 7 days after the vacating day — give the remaining co-tenants a notice of continuing tenancy and notify the Territory about the bond. You must not show the supporting document to other co-tenants (s 46F(4)), and you must securely store or destroy the supporting document under section 46K. ACAT does not adjudicate whether family violence occurred (s 46L).

Where do I find the current version of the Act? The ACT Legislation Register at legislation.act.gov.au. Search for “Residential Tenancies Act 1997”. Always work from the current consolidation — at the time this guide was written, that is republication R84, effective 26 November 2025. The supporting Regulation is republication R16, effective 23 February 2026.

Summary

The Residential Tenancies Act 1997 is the rulebook every self-managing landlord in the ACT operates under. The standard terms in Schedule 1 are taken to be in your tenancy agreement whether you copy them in or not. Bonds are capped at 4 weeks’ rent and held by the Territory. Rent can be increased only once a year and only up to a CPI-linked prescribed amount unless the tenant agrees or ACAT approves. Termination is only valid through one of the pathways in section 36, and lessor-initiated periodic terminations on no-fault grounds require 8, 12 or 26 weeks’ notice depending on the reason — with written evidence attached. Family violence terminations have their own special pathway with strict information-handling rules. Disputes go to ACAT; Access Canberra regulates and runs the bond system.

The 2024 reforms — particularly the family violence provisions, the modification and pet consent framework, and the updated rent increase rules — meaningfully changed the lessor’s obligations. If your processes haven’t been reviewed since before December 2024, they need to be.

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

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This guide is based on the Residential Tenancies Act 1997 (ACT) (republication R84, effective 26 November 2025), the Residential Tenancies Regulation 1998 (ACT) (republication R16, effective 23 February 2026), the Housing and Consumer Affairs Legislation Amendment Act 2024 (ACT) (A2024-29), and guidance published by Access Canberra and ACAT, including The Renting Book (January 2026 edition). It is informational in nature and does not constitute legal advice. For advice specific to your situation, consult a lawyer or contact Access Canberra on 13 22 81.

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