Tenancy Agreement ACT: Complete Guide for Self-Managing Landlords

If you’re a self-managing landlord in the ACT, the tenancy agreement is the foundation of your legal relationship with your tenant. It’s a binding contract governed by the Residential Tenancies Act 1997 (the Act), and every obligation you have — and every right you can enforce — flows from it.

Unlike some other states, the ACT does not prescribe a specific government-issued agreement form that you must use. Instead, the Act takes a different approach: it mandates a set of Standard Residential Tenancy Terms (set out in Schedule 1 of the Act) that automatically form part of every tenancy agreement, whether or not you include them in your written document. You can add additional terms — but they must be consistent with the standard terms. If you want to include a term that is inconsistent with the standard terms, both parties must agree to it and it must be endorsed by ACAT before it can be enforced. Without that endorsement, the inconsistent term is void.

This guide covers everything a self-managing landlord needs to know about setting up a tenancy agreement in the ACT — from what must be in the agreement, through to the bond, condition report, rent rules, pets, minimum housing standards, and understanding the difference between fixed term and periodic tenancies.

For the broader tenancy law framework behind this agreement, see our ACT residential tenancies act guide. If you’re working through the full tenancy setup process, it also helps to read the ACT rental bond guide alongside this page.

Before the Agreement: Advertising Rules

Before a tenancy begins, there are rules about how you advertise your property. These rules were strengthened by the Housing and Consumer Affairs Legislation Amendment Act 2024 and are set out in Division 2.2 of the Act.

Required Information in Advertisements

When you publish an advertisement for your rental property, the ad must contain certain required information under Section 11A of the Act: a statement of the property’s Energy Efficiency Rating (EER) if one exists, or a statement that there is no EER; whether the property is an adaptable housing dwelling; and whether the property complies with the minimum housing standards (or is exempt). Failing to include this information is an offence carrying a maximum penalty of 5 penalty units.

Separately, under Section 11AC, you must also advertise a specific rental rate for the property. The rental rate must be a single amount — not a range of amounts or a minimum/maximum. Advertising without a rental rate or advertising with a rent range (such as “$500–$600 per week” or “$500 ono per week”) is a separate offence, also carrying a maximum penalty of 5 penalty units.

Rent Bidding Is Prohibited

Under Section 11AD, you must not solicit or invite a tenant to offer a rental rate higher than the advertised rate. This is a more serious offence carrying a maximum penalty of 20 penalty units. You cannot use language that invites offers above the advertised price (such as “by negotiation” or “offers accepted”), and you cannot proactively tell prospective tenants that others have offered more.

However, a prospective tenant can voluntarily offer to pay more than the advertised rent. If they do, you are permitted to accept that offer. What you cannot do is proactively encourage or invite higher offers.

Disclosing Special Conditions

Under Section 11AB, if your tenancy agreement contains a term that has been endorsed by ACAT under Section 10 (that is, an inconsistent term that has already been through the endorsement process), or if the tenant will be required to seek your consent before keeping a pet, you must disclose these conditions in the advertisement. Failing to do so is an offence carrying a maximum penalty of 5 penalty units.

The Tenancy Agreement

What Must Be in the Agreement

The ACT does not prescribe a specific government form for the tenancy agreement. You can use your own written agreement — but the Standard Residential Tenancy Terms in Schedule 1 of the Act apply to every agreement regardless of whether you include them in the document. Under Clause 1 of the Standard Terms, every tenancy agreement is made under the Residential Tenancies Act 1997, and under Clause 3, neither party can contract out of it.

In practical terms, this means your agreement should include the details of the tenancy (the parties, the property address, the rent amount, the bond amount, the term of the agreement, and any additional terms you agree on) — and the Standard Terms apply on top of whatever you write.

The agreement must be signed by both the tenant and the lessor, or their authorised agents (Standard Terms, cl 10).

Costs of Preparing the Agreement

The lessor bears the cost of preparing and executing the tenancy agreement (Standard Terms, cl 7). You cannot charge the tenant for preparation costs. The tenant is only responsible for any legal costs they independently choose to incur in relation to the agreement (Standard Terms, cl 8).

Providing the Agreement to the Tenant

You must give a copy of the proposed tenancy agreement to the tenant before the commencement of the tenancy (Standard Terms, cl 9). After both parties have signed, you must give a copy of the signed agreement to the tenant as soon as possible — and no later than 3 weeks after the tenant has returned a signed copy to you (Standard Terms, cl 11).

If you fail to return the signed agreement within that 3-week period, the agreement still has full effect in the terms signed by the tenant, from the date the tenant occupies the premises or you accept rent (Standard Terms, cl 12).

Documents You Must Give the Tenant Before the Tenancy Starts

Under Section 12 of the Act, you have a number of precontractual disclosure obligations. Before the tenancy commences, you must provide the tenant with:

The proposed tenancy agreement and, if not included in the agreement, the standard residential tenancy terms (Section 12(1)). Your full name and an address for service of notices (Section 12(3)(a) and (b)). A copy of the Energy Efficiency Rating (EER) statement for the property, if one exists (Section 12(3)(c)). The Renting Book published by the ACT Government, or information about where to find it (Standard Terms, cl 13). An asbestos assessment report for the property if one exists and can be obtained after reasonable steps, or an asbestos advice notice indicating where asbestos may be found (Section 12(3)(e) and (f)). A written statement about whether the property complies with the minimum housing standard for ceiling insulation — and if it does not comply, the reason and the proposed compliance date (Section 12(3)(g)). If the property is a unit, a unit title rental certificate from the owners corporation, which includes the owners corporation’s rules (Section 12(3)(k) and Standard Terms, cl 13(3)). If the property has a regulated swimming pool or spa, prescribed safety documents as set out in Regulation 1AAB (Section 12(3)(l)).

This is a significant checklist for self-managing landlords. Without an agent to handle these disclosures, you need to ensure every item is covered before the tenant signs.

Annotating Inconsistent Terms

If your tenancy agreement contains a term that is inconsistent with a standard residential tenancy term, the agreement must be annotated in a way that draws the tenant’s attention to the provision and the fact that it is inconsistent with a standard term (Section 12(2)). This is a separate requirement from the ACAT endorsement process — even if you intend to seek endorsement, the agreement itself must flag the inconsistent term clearly.

Standard Residential Tenancy Terms

The Standard Residential Tenancy Terms in Schedule 1 of the Act are the backbone of every tenancy agreement in the ACT. They cover the fundamental rules about how the tenancy operates — rent, bond, condition reports, repairs, entry, pets, termination, and more. These terms apply by law and cannot be removed or overridden.

The Hierarchy of Terms

Understanding which terms prevail is critical for self-managing landlords. Under Section 9 of the Act, a term of a tenancy agreement that is inconsistent with the standard residential tenancy terms is void — unless it has been endorsed by ACAT under Section 10. Under Section 8, the standard terms in Schedule 1 are taken to be included in every residential tenancy agreement.

This creates a clear hierarchy: the Act sits at the top, the Standard Terms apply beneath it, and any additional terms you agree with the tenant sit below both. If an additional term conflicts with a Standard Term, the additional term is void unless endorsed by ACAT.

Adding Additional Terms

You and the tenant can agree to add additional clauses to the tenancy agreement, but they must not be inconsistent with or modify existing standard clauses, except where the Act permits (Standard Terms, cl 1(2)).

Common additional terms that self-managing landlords include cover matters such as garden maintenance responsibilities, professional carpet cleaning at the end of tenancy (provided you can show it was done at the start), water usage charges, and pool or spa maintenance obligations. As long as these terms do not conflict with the standard terms, they are enforceable.

Inconsistent Terms and ACAT Endorsement

If you want to include a term that is inconsistent with a standard term — for example, a term that modifies the entry notice period or changes the inspection frequency — both parties must agree to it and it must be endorsed by ACAT before it can be enforced (Section 10 of the Act). The endorsement process requires both the lessor and tenant (or their authorised representatives) to complete and lodge an application for endorsement with ACAT, together with a copy of the tenancy agreement.

ACAT will not endorse a term that was obtained by fraud or undue influence (Section 10(3)(b)), or that is unclear or ambiguous. There is no fee for an endorsement application.

If you include an inconsistent term without getting it endorsed, it is simply void — the standard term prevails, and you cannot enforce the inconsistent term regardless of what both parties agreed to.

Fixed Term vs Periodic Agreements

A fixed term agreement has a start date and an end date. It must be for a single period specified in the agreement (Standard Terms, cl 4). During the fixed term, neither party can end the tenancy without specific grounds under the Act.

A periodic agreement has no fixed end date. It includes any tenancy that is not specified to be for a fixed term, including one that commences on the expiration of a fixed term tenancy (Standard Terms, cl 5). A periodic tenancy continues on a rolling basis until either party ends it using the correct process under the Act.

What Happens When a Fixed Term Ends

When a fixed term agreement reaches its end date and neither party takes action, the tenancy automatically becomes periodic. The tenant does not need to sign a new agreement — the tenancy simply continues under the same terms, with no end date. Landlords cannot end a tenancy simply because the fixed term has expired, and they cannot force a tenant to sign a new fixed term agreement.

You and the tenant can agree to enter a new fixed term agreement if both parties wish to. If any terms are changing (such as the rent amount), a new agreement should be prepared.

Consecutive Tenancy Agreements

A consecutive tenancy agreement occurs where at least one tenant under an agreement that has ended continues to occupy the premises under a new agreement. Consecutive tenancy agreements have special rules — particularly around condition reports and bond — which simplify the transition. For example, if you enter a new agreement with the same tenant, you do not need to complete a new condition report if an original condition report or subsequent condition report already exists for the premises (Standard Terms, cl 22A).

The Break Lease Fee Clause

For fixed term agreements that commenced after 10 December 2024, the agreement will include a break lease fee clause. This clause caps the fee a tenant must pay if they end a fixed term agreement early (other than for a reason permitted under the Act). The fee is capped at 4 weeks’ rent if the tenant is more than halfway through the fixed term, or 6 weeks’ rent if less than halfway through. For fixed term agreements of more than 3 years, the break lease fee is the amount agreed between the parties.

The break lease fee takes into account rent received from a replacement tenant during the “defined period” (4 or 6 weeks after the tenant vacates), plus a capped amount for the landlord’s administrative costs (1 week’s rent if less than halfway through the term, or two-thirds of 1 week’s rent if more than halfway through). The landlord can only claim administrative costs actually incurred — not the full capped amount if they spent less. Administrative costs can only be claimed if the tenant vacates more than 4 weeks before the end of the fixed term.

The Posting Termination Clause

The tenancy agreement may include a posting termination clause (Schedule 2 of the Act) if both parties agree. This clause allows either party to end a fixed term agreement without penalty if posting arrangements for their or their domestic partner’s work require them to move to or from Canberra. This is particularly relevant in the ACT given the significant population of Commonwealth public servants and defence personnel.

Bond

How Much Bond Can You Charge?

The maximum bond is 4 weeks’ rent (Standard Terms, cl 16). Only 1 bond is payable per tenancy (Standard Terms, cl 15), and payment of a bond is not necessary unless you as the lessor require it (Standard Terms, cl 14). You cannot charge a separate pet bond or any additional bond for any reason, including when the tenant enters a consecutive tenancy agreement (Section 22 of the Act).

No Other Charges Permitted

You must not require any payment other than rent or bond for the granting, extension, transfer or renewal of a tenancy, for consenting to a co-tenant change, for vacating the premises, for obtaining keys, or for information about the availability of tenancies (Standard Terms, cl 24). Holding deposits are explicitly prohibited under Section 18 of the Act (Standard Terms, cl 25).

Lodging the Bond

The bond must be lodged with the Office of Rental Bonds, administered by the ACT Revenue Office (Standard Terms, cl 17). Either party may lodge the bond (Standard Terms, cl 18).

If you as the lessor are lodging the bond, you must give the tenant a receipt on receiving the bond, complete the bond lodgement form, and lodge the bond with the Office of Rental Bonds within 2 weeks of receiving it (or within 2 weeks of the commencement of the tenancy, whichever is later). If you use a real estate agent, the agent has 4 weeks instead of 2 (Standard Terms, cl 20). Failure to lodge the bond is an offence under Section 23 of the Act, carrying a maximum penalty of 20 penalty units.

If the parties agree that the tenant will lodge the bond, the tenant must lodge it in the way permitted by the Office of Rental Bonds. You may require the bond to be lodged before giving the tenant possession, and if so, the tenant must be able to take possession as soon as they provide evidence of lodgement (Standard Terms, cl 19).

Bonds can be lodged online through the Rental Bonds Portal on the ACT Revenue Office website, or by completing and emailing the Bond Lodgement Form to rb@act.gov.au. Payment is made via Electronic Funds Transfer to the Office of Rental Bonds’ bank account.

Alternatives to Bonds

The Act permits landlords and tenants to use guarantees or indemnities instead of, or in addition to, a bond in some circumstances (Section 16). A guarantee or indemnity is a contractual promise by a third party (such as a parent) to be liable for the tenant’s obligations. However, a guarantee or indemnity can only be enforced up to the maximum amount payable as a bond — that is, 4 weeks’ rent.

Condition Reports

The condition report is your primary evidence if a bond dispute arises at the end of the tenancy. Getting it right at the start is essential.

Start of Tenancy Condition Report

Within 1 day of the tenant taking possession, you must give the tenant either 2 paper copies of a condition report completed by you, or (if the tenant agrees) 1 electronic copy in a form that can be electronically edited by the tenant (Standard Terms, cl 21). The condition report must be on, or to the effect of, the condition report form published by the Territory — a template is available from the ACT Revenue Office website.

The tenant must examine the report and indicate their agreement or disagreement with each item. Within 2 weeks of receiving the report, the tenant must return one signed copy to you indicating their agreement or disagreement (Standard Terms, cl 22). If the tenant returns the report signed but without further endorsement, they are taken to have agreed with the entire report.

Why Condition Reports Matter

Under Section 30 of the Act, if you comply with the condition report requirements, the statements in the report (other than any the tenant has indicated disagreement with) are evidence of the property’s condition on the day the tenant received the report. If you fail to provide a condition report and a dispute arises, the tenant’s evidence about the condition of the premises becomes the evidence — putting you at a significant disadvantage in any bond claim.

End of Tenancy Inspection and Condition Report

At the end of the tenancy, an inspection must be carried out in the presence of both the lessor and the tenant, and a condition report based on the inspection must be completed and signed by both parties (Standard Terms, cl 23A). If one party has been given a reasonable opportunity to be present but chooses not to attend, the other party can complete and sign the report in their absence.

Keeping Condition Reports

You must keep the condition report for at least 12 months after the end of the tenancy (Standard Terms, cl 23). For consecutive tenancy agreements where a new condition report was not completed, you must keep the original condition report (and any subsequent condition reports) for at least 12 months after the end of the consecutive tenancy agreement.

Rent

Maximum Rent in Advance

You must not require more than 2 weeks’ rent paid in advance, unless the tenant nominates a longer period (Standard Terms, cl 28). Unlike some other states, the ACT does not distinguish between fixed term and periodic agreements on this point — the 2-week maximum applies to both.

Rent Payment Methods

The tenant and lessor may agree on how rent is paid, including whether it is paid into a nominated bank account or paid in person (Standard Terms, cl 26(3)). They may also agree that rent is paid electronically (Standard Terms, cl 26(4)). You cannot require the tenant to pay rent by postdated cheque (Standard Terms, cl 27).

Rent Receipts

If rent is paid in person, a receipt must be given at the time of payment (Standard Terms, cl 29). If rent is paid by other means (such as bank transfer to a non-nominated account), a receipt must be provided or sent by post within 1 week (Standard Terms, cl 30). A receipt is not required if the tenant pays rent directly into an account nominated by you or your agent (Standard Terms, cl 32).

A receipt must specify the amount paid, and should specify the date of payment, the period it relates to, the premises, and whether the payment is for bond or rent (Standard Terms, cl 31).

Rent Records

You must keep records of the payment of rent, and those records must be retained for at least 12 months after the end of the tenancy (Standard Terms, cl 33).

Rent Increases

Rent must not be increased at intervals of less than 12 months (Standard Terms, cl 35). For fixed term agreements entered into before the commencement of the 2024 amendments, the rent cannot be increased during the fixed term unless the amount of the increase, or a method for working it out, is set out in the agreement (Section 64A). In all cases, you must give the tenant 8 weeks’ written notice of an intended increase (Standard Terms, cl 38). The notice must include the date the increase takes effect, the amount of the proposed increase, whether the increase exceeds the prescribed amount, and that ACAT’s prior approval must be obtained if the increase is more than the prescribed amount and the tenant does not agree to it.

If the tenant considers the increase excessive, they can apply to ACAT for a review, and no increase is payable until ACAT makes an order (Standard Terms, cl 39). If the tenant wishes to vacate rather than pay the increased rent, they must give 3 weeks’ notice (Standard Terms, cl 41).

For more detail on rent increase rules, see our guide: Rent Increase ACT: Complete Guide for Landlords.

Lessor’s Obligations

Providing the Property in a Reasonable State

At the start of the tenancy, you must ensure that the premises — including furniture, fittings and appliances (unless excluded in writing) — are fit for habitation, reasonably clean, in a reasonable state of repair, and reasonably secure (Standard Terms, cl 54).

Repairs and Maintenance

You must keep the premises in a reasonable state of repair, having regard to their condition at the time of the commencement of the tenancy (Standard Terms, cl 55). You must carry out urgent repairs as soon as necessary (Standard Terms, cl 59). Urgent repairs include a burst water service, blocked or broken lavatory system, serious roof leak, gas leak, dangerous electrical fault, flooding, serious storm or fire damage, failure of gas, electricity or water supply, failure of a supplied refrigerator, failure of essential hot water, cooking, heating, cooling or laundering services, and faults causing the premises to be unsafe or insecure (Standard Terms, cl 60).

If you or your nominated tradesperson cannot be contacted, or if you fail to carry out urgent repairs within a reasonable time, the tenant may arrange for urgent repairs up to a maximum value of 5% of the annual rent. The repairs must be made by your nominated tradesperson if possible, or otherwise by a qualified tradesperson of the tenant’s choosing, and you are liable for the cost (Standard Terms, cl 61–62).

Minimum Housing Standards

The lessor must ensure the premises comply with the minimum housing standards applying to the premises (Standard Terms, cl 62A). The ACT has introduced a minimum housing standard for ceiling insulation, which requires landlords to ensure their rental property meets the standard. Ceiling insulation installations or upgrades must be carried out by certified insulation installers — you cannot install it yourself. A licensed electrician must complete an electrical safety check before insulation is installed.

If the property does not comply with a minimum housing standard, the tenant may apply to ACAT for an order to end the tenancy without penalty, for a rent reduction, or for compensation.

Smoke Alarms

Under Section 11B of the Act, before the commencement of a tenancy, you must ensure that the premises have smoke alarms complying with the relevant building legislation. The lessor must install and maintain smoke alarms in the premises (Standard Terms, cl 53A). The tenant must replace the battery in a smoke alarm whenever necessary (Standard Terms, cl 63A).

Tenant’s Obligations

The tenant must take reasonable care of the premises and keep them reasonably clean, having regard to their condition at the commencement of the tenancy (Standard Terms, cl 63). The tenant must not intentionally or negligently damage the premises and must notify you of any damage as soon as possible.

At the end of the tenancy, the tenant must leave the premises in substantially the same state of cleanliness and substantially the same condition as at the commencement of the tenancy, fair wear and tear excepted, and must remove all their belongings (Standard Terms, cl 64).

Pets

A landlord can include a term in the tenancy agreement requiring the tenant to seek the landlord’s consent before keeping a pet. However, you cannot include a blanket ban on pets. If a tenant requests consent to keep a pet, you must respond, and if you want to refuse, you must apply to ACAT for permission to refuse within 14 days of receiving the request (Section 71AF of the Act). If you do not respond or apply to ACAT within 14 days, you are taken to have consented (Section 71AE(5)).

You may impose reasonable conditions on consent about the number of animals kept on the premises or the cleaning and maintenance of the premises. Other conditions require ACAT’s prior approval. You cannot use pet consent to require extra bond or to create extra inspection rights outside the standard entry rules.

The tenant is responsible for any damage caused by their pet. Pet damage is not considered fair wear and tear.

If the property is a unit, the tenant must also comply with any owners corporation rules about keeping animals (Standard Terms, cl 66(2)).

Assistance Animals

Under the Discrimination Act 1991 (ACT), you cannot refuse an application from a person with a disability because of their reliance on an assistance animal. You may ask for evidence confirming the need for the animal, such as a letter from a health practitioner.

Entry to the Property

The standard terms set out specific rules about when and how you can access the rental property. You must always give the tenant adequate notice and enter at a reasonable time.

Routine Inspections

You can inspect the property twice in each 12-month period following the commencement of the tenancy (Standard Terms, cl 77). In addition, you can inspect within the first month of the tenancy and in the final month of the tenancy (Standard Terms, cl 78). You must give the tenant at least 1 week’s written notice before any standard inspection (Standard Terms, cl 79).

Access for Repairs and Minimum Housing Standards

On giving the tenant 1 week’s notice (or an agreed period), you may enter the premises at a reasonable time for the purpose of making or inspecting repairs, inspecting compliance with minimum housing standards, or undertaking work to ensure compliance (Standard Terms, cl 82). However, you must only enter if, taking into account the nature of the activity, it is reasonable and necessary to do so. For urgent repairs, you must give reasonable notice and enter at a reasonable time.

Access for Prospective Purchasers

If you intend to sell the property and have previously notified the tenant in writing, the tenant must permit reasonable access on 48 hours’ notice to allow inspections by prospective purchasers (Standard Terms, cl 81). The tenant is not required to agree to more than 2 inspections per week, and the time must be agreed between the parties with reasonable regard to both parties’ commitments.

Prohibited Entry Times

Unless the tenant agrees or you need to carry out urgent repairs or attend to health or safety matters, you cannot access the property on Sundays, on public holidays, before 8am, or after 6pm (Standard Terms, cl 76).

Unit Title Properties

If the rental property is a unit or townhouse, there are additional requirements.

Unit Title Rental Certificate

Before the tenant signs the tenancy agreement, you must provide them with a unit title rental certificate, which you can request from the owners corporation. The certificate includes important information about the unit complex, including the owners corporation’s rules.

Owners Corporation Rules

The tenant must comply with the owners corporation’s rules and any notices served under those rules (Standard Terms, cl 66(1)). However, the tenant does not need to comply with the rules to the extent that they are inconsistent with the standard residential tenancy terms. An exception applies for rules about keeping animals — the tenant must comply with those even if they are inconsistent with the standard terms (Standard Terms, cl 66(2)).

Modifications to the Property

The tenant must not make any renovation, alteration, or addition to the premises without your written consent (Standard Terms, cl 67). You may give consent subject to reasonable conditions, including a requirement that the tenant use a qualified tradesperson. Unless otherwise agreed, the tenant is liable for the cost of the modification and must restore the premises at the end of the tenancy to substantially the same condition, fair wear and tear excepted.

The tenant must not add any fixtures or fittings without your consent, and your consent must not be unreasonably withheld (Standard Terms, cl 68(2)).

Special Modifications

The Act creates a category of “special modifications” with specific timeframes. If a tenant seeks consent for a special modification, you must apply to ACAT within 14 days if you want to refuse (Section 71AC). If you do not respond or apply to ACAT within 14 days, you are taken to have consented.

For other modifications, if you refuse consent, the tenant may apply to ACAT for a review of the refusal (Section 71AD).

Subletting

The tenant must not assign or sublet the premises or any part of them without your written consent (Standard Terms, cl 72). The Standard Terms do not restrict the grounds on which you can withhold consent for subletting — unlike fixtures and fittings, where consent must not be unreasonably withheld (Standard Terms, cl 68(2)). If you do consent, the tenant remains liable under the original agreement unless otherwise agreed.

If arrears escalate beyond the agreement stage, our ACT eviction notice guide guide explains the notice process step by step. If the tenancy later ends early, review the agreement terms and notice requirements before treating the fixed term as ended.

Common Mistakes Landlords Make

Not Providing the Agreement Before the Tenancy Starts

You must give the tenant a copy of the proposed tenancy agreement before the tenancy commences. Starting a tenancy without a written agreement signed by both parties creates uncertainty and weakens your position in any dispute.

Including Inconsistent Terms Without ACAT Endorsement

If you include a term that conflicts with the Standard Residential Tenancy Terms — even if both you and the tenant willingly agree to it — that term is void and unenforceable unless endorsed by ACAT. Common examples include attempting to change the inspection frequency, modifying the notice period for entry, or adding terms that the tenant must waive their right to dispute a rent increase. Remember that if your agreement contains an inconsistent term, you must also annotate it clearly to draw the tenant’s attention to the inconsistency (Section 12(2)).

Failing to Provide the Renting Book

You must give the tenant a copy of the Renting Book (or tell them where to find it) before the tenancy begins. This is a straightforward obligation under Standard Terms, cl 13, and overlooking it signals non-compliance from day one.

Missing Other Precontractual Disclosures

Beyond the agreement and the Renting Book, you must also provide your full name and address for service, the EER statement (if one exists), an asbestos assessment report or asbestos advice notice, a ceiling insulation compliance statement, and swimming pool safety documents if the property has a regulated pool (Section 12(3)). Self-managing landlords without an agent need to manage this checklist themselves.

Not Providing a Condition Report Within 1 Day

The condition report must be given to the tenant within 1 day of them taking possession. Missing this deadline undermines your evidence position in any future bond dispute. If you don’t provide a condition report and a dispute arises, the tenant’s evidence about the property’s condition becomes the evidence — not yours.

Taking More Bond Than Allowed

The maximum bond is 4 weeks’ rent — full stop. You cannot charge a separate pet bond, a damage deposit, or any other additional payment. Only 1 bond is payable per tenancy. Requesting more is a breach of the standard terms.

Failing to Lodge the Bond

You must lodge the bond with the Office of Rental Bonds within 2 weeks of receiving it (or 2 weeks of the commencement of the tenancy, whichever is later). Keeping the bond yourself is an offence under Section 23 of the Act, carrying a maximum penalty of 20 penalty units.

Charging a Holding Deposit

Holding deposits are prohibited under Section 18 of the Act (Standard Terms, cl 25). You cannot ask a prospective tenant to pay any amount to “hold” the property while you process their application.

Not Responding to a Pet Request

If a tenant requests consent to keep a pet and you do not respond or apply to ACAT within 14 days, you are taken to have consented. If you want to refuse, you must actively apply to ACAT for permission to refuse — silence means approval.

Frequently Asked Questions About Tenancy Agreements in the ACT

Does the ACT have a prescribed tenancy agreement form I must use? No. Unlike Queensland (Form 18a) or Western Australia, the ACT does not prescribe a specific government-issued agreement form. However, the Standard Residential Tenancy Terms in Schedule 1 of the Residential Tenancies Act 1997 apply to every tenancy agreement by law. You can use your own written agreement, but the standard terms override any conflicting provisions.

What documents must I give the tenant before the tenancy starts? Under Section 12 of the Act, before the tenancy commences you must provide: a copy of the proposed tenancy agreement including the standard terms (Section 12(1)), your full name and an address for service (Section 12(3)(a)–(b)), the EER statement if one exists (Section 12(3)(c)), the Renting Book or information about where to find it (Standard Terms, cl 13), an asbestos assessment report or asbestos advice notice (Section 12(3)(e)–(f)), a written statement about ceiling insulation compliance (Section 12(3)(g)), a unit title rental certificate if the property is a unit (Section 12(3)(k)), and swimming pool safety documents if applicable (Section 12(3)(l) and Regulation 1AAB).

Can I add my own terms to the agreement? Yes, you can add additional terms — provided they are consistent with the Standard Residential Tenancy Terms. If you want to include a term that is inconsistent with a standard term, both parties must agree, the term must be annotated in the agreement to draw the tenant’s attention to the inconsistency (Section 12(2)), and the term must be endorsed by ACAT. Without endorsement, the inconsistent term is void.

How much bond can I charge? The maximum bond is 4 weeks’ rent (Standard Terms, cl 16). Only 1 bond is payable per tenancy (Standard Terms, cl 15). You cannot charge extra bond for pets, damage deposits, or any other reason.

How much rent in advance can I ask for? You must not require more than 2 weeks’ rent in advance, unless the tenant nominates a longer period (Standard Terms, cl 28). This applies to both fixed term and periodic agreements.

Can I charge a holding deposit? No. Section 18 of the Act explicitly prohibits holding deposits (Standard Terms, cl 25).

How quickly must I lodge the bond? If you are lodging the bond, you must lodge it with the Office of Rental Bonds within 2 weeks of receiving it, or within 2 weeks of the commencement of the tenancy (whichever is later). If your agent lodges it, the deadline is 4 weeks (Standard Terms, cl 20). Failure to lodge is an offence under Section 23 of the Act.

When must I provide the condition report? Within 1 day of the tenant taking possession. You must give the tenant 2 paper copies of the completed condition report, or 1 electronic copy if the tenant agrees (Standard Terms, cl 21).

What happens if my fixed term agreement ends and I do nothing? The agreement automatically becomes a periodic agreement under the same terms. No action is required from either party. You cannot end the tenancy simply because the fixed term has expired, and you cannot force the tenant to sign a new fixed term agreement.

Can I ban pets outright in the tenancy agreement? No. You can include a term requiring the tenant to seek your consent before keeping a pet, but you cannot impose a blanket ban. If the tenant requests consent and you want to refuse, you must apply to ACAT for permission to refuse within 14 days. If you don’t respond within 14 days, consent is deemed.

Who pays for preparing the tenancy agreement? You do. The lessor bears the cost of preparation and execution of the tenancy agreement (Standard Terms, cl 7).

What is the break lease fee in the ACT? For fixed term agreements commencing after 10 December 2024, the break lease fee is capped at 4 weeks’ rent (if more than halfway through the term) or 6 weeks’ rent (if less than halfway through). The fee is reduced by any rent received from a replacement tenant during the defined period. The landlord’s administrative costs are also capped, but can only be claimed if the tenant vacates more than 4 weeks before the end of the fixed term.

How often can I inspect the property? You can inspect twice in each 12-month period, plus an additional inspection within the first month and in the final month of the tenancy (Standard Terms, cl 77–78). You must give at least 1 week’s written notice (Standard Terms, cl 79).

Summary

Setting up a tenancy agreement in the ACT is governed by the Residential Tenancies Act 1997 and its Standard Residential Tenancy Terms. While the ACT does not prescribe a specific agreement form, the standard terms apply to every tenancy by law — and any additional terms you include must be consistent with them, or endorsed by ACAT.

The key obligations for self-managing landlords at the start of a tenancy are: provide the proposed agreement before the tenancy commences, give the tenant the Renting Book (or tell them where to find it), provide your full name and address for service, provide the EER statement if one exists, provide an asbestos assessment report or asbestos advice notice, provide a ceiling insulation compliance statement, provide swimming pool safety documents if applicable, provide a unit title rental certificate if the property is a unit, give the tenant 2 copies of the condition report within 1 day of possession, collect no more than 4 weeks’ rent as bond, collect no more than 2 weeks’ rent in advance, lodge the bond with the Office of Rental Bonds within 2 weeks, never charge a holding deposit, and advertise with a specific rental rate without soliciting rent bids.

The most common causes of disputes are poorly completed or missing condition reports, inconsistent terms included without ACAT endorsement, and failure to respond to pet requests within the 14-day timeframe. All three are entirely preventable.

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 rental bond guide
• ACT rent increase guide
• ACT eviction notice guide

Compare lease agreement guides in other states

• WA lease agreement guide
• NSW lease agreement guide
• QLD lease agreement guide
• VIC lease agreement guide
• SA lease agreement guide
• Tasmania lease agreement guide