ACAT Tenancy Dispute: What Landlords Need to Know About the Process

ACAT Resolves — It Doesn't Inspect

The ACT Civil and Administrative Tribunal handles residential tenancy disputes, but it's not a compliance inspectorate. ACAT doesn't visit properties, verify insulation ratings, or monitor landlord disclosures. It adjudicates after a party files an application — and its orders are binding.

Understanding how ACAT works before you end up there is the practical advantage. Most disputes settle faster when both parties know what the tribunal can actually order.

How a Dispute Reaches ACAT

Either party — landlord or tenant — can file an Application for Resolution of a Dispute under the Residential Tenancies Act 1997. Common scenarios where a tenant brings a claim against a landlord:

• Property doesn't meet the ceiling insulation standard and the compliance window has passed
• Urgent repairs were not carried out as soon as necessary given the nature of the problem
• Non-urgent repairs remain outstanding after four weeks
• Mandatory pre-tenancy disclosures were missing (insulation statement, EER, asbestos notice)
• Property was advertised without required disclosure statements

Landlords can also initiate applications — typically for unpaid rent, property damage, or bond disputes.

Filing Fees

ACAT fees are set annually under the Court Procedures (Fees) Determination, commencing 1 July each fiscal year. The filing fee depends on whether you're an individual or a corporation.

Fee exemptions or hardship waivers are available by lodging an ACAT Request for Exemption from Paying Fees or Request About Payment of Fees form. Corporations with annual turnover below $200,000 or registered not-for-profit entities can apply for the individual fee rate.

What ACAT Can Order Against a Landlord

For minimum-standards breaches, ACAT holds significant powers:

Specific performance — directing you to complete insulation or repair works by a set date.

Rent abatement — reducing the rent to compensate the tenant for lost amenity or heightened energy bills caused by non-compliance.

Compensation payments — direct monetary awards to the tenant for losses caused by the non-compliance.

Tenancy termination — ending the lease without penalty to the tenant.

How to Prepare

If you're facing an ACAT application, the documents that matter most are the ones you should have been keeping all along: insulation certificates, electrical safety reports, condition reports, trade invoices, and evidence of disclosure at advertising and lease signing.

Under Section 19C of the Act, landlords must retain all minimum-standards records for 12 months after a tenancy ends. If you can't produce them at a hearing, ACAT can draw adverse inferences — essentially, the absence of records counts against you.

Free procedural guidance is available through the ACAT Registry. Tenants can access the Legal Aid ACT Tenancy Advice Service, but that service doesn't assist landlords. If you need legal advice on a dispute, you'll need to engage a private solicitor or seek help through Canberra Community Law if eligible.

Staying Out of ACAT

The best ACAT preparation is not needing it. The ACT Rental Minimum Standards Guide covers the compliance steps and record-keeping that prevent disputes from reaching the tribunal — and the documentation structure that protects you if one does.

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