ACT Tenancy Info

Renting in Australian Capital Territory

The Residential Tenancies Act 1997 (RTA) regulates public and private residential tenancies in the ACT.

This legislation provides a framework of basic protections for tenants which can't be taken away by the standard tenancy agreement you sign, or by private agreement between the lessor and tenant.

It is in your interests as a tenant to understand these protections and rights so that you can enjoy your tenancy, and get proper value for the rent you pay.

Never sign anything if you are not sure of its meaning.

Before the commencement of the tenancy agreement the agent or lessor must provide, or advise you of how to obtain, a copy of the Consumer Affairs Bureau booklet The Renting Book (you can download it from the Department of Fair Trading website). This booklet is a general guide to a person’s rights and responsibilities as a tenant, property owner or real estate agent.

When you enter into a tenancy agreement (including oral agreements) you are entering into a legally binding relationship. Tenants and lessors should think carefully before entering into a tenancy agreement as once the agreement is made it is too late to change your mind.

When a lessor grants a tenant a right to occupy a property to use as a residential property, both parties have entered into a residential tenancy agreement. A residential tenancy agreement can be written or oral or a combination of both. However, it is advisable that all tenancy agreements be in writing to avoid any confusion that may arise as it is very hard to prove what information was included as part of an oral agreement.

The Residential Tenancies Act has standard terms and conditions that apply to all tenancy agreements. These are set out in the Schedule to the Act. All written and oral tenancy agreements must include these terms and conditions.

Before signing an agreement:

• the lessor must give the tenant a copy of the proposed tenancy agreement;
• the lessor must indicate to the tenant any terms or conditions which are inconsistent with the standard tenancy conditions and the manner in which they are inconsistent. It should be noted that any inconsistent term must be endorsed by the Tribunal—see previous section;
• the tenant must be given a copy of this booklet or must be advised where to obtain a copy;
• the tenant must be given reasonable time to consider the agreement;
• the tenant in turn must provide the lessor with his or her full name;
• a property owner must provide the tenant with his or her name and an address where the tenant can contact the owner; and
• if the agreement is signed by a real estate agent on behalf of a property owner, the agent must provide the tenant with the agency’s full name, the fact that they are acting as an agent, and if the agent is a company, an employee (usually the property manager) who can be contacted in relation to the agreement.

For more information visit ACT Office of Fair Trading or visit the Tenants' Advice Service web site which is a free advice service for ACT tenants. This service is operated by the Tenants' Union ACT in partnership with the Welfare Rights Legal Centre.