ACAT Termination and Possession Order: Landlord Application Process
When You Need to Apply to ACAT
A notice to vacate in the ACT tells the tenant you want the tenancy to end. It does not force them to leave. If the notice period expires and the tenant is still in the property, your only lawful option is to apply to the ACT Civil and Administrative Tribunal for a Termination and Possession Order.
You cannot change the locks. You cannot cut off utilities. You cannot physically remove the tenant or their belongings. Self-help eviction is a criminal offence under the Residential Tenancies Act 1997.
Application Fees (Effective 1 July 2026)
The fee depends on your entity type and whether the rental bond was lodged with the ACT Revenue Office:
| Applicant type | Bond lodged | Fee |
|---|---|---|
| Individual | Yes | $195 |
| Individual | No | $384 |
| Corporation | Yes | $392 |
| Corporation | No | $768 |
Non-profit corporations or those with annual turnover under $200,000 can pay the individual rate by filing a Statement as to Nature and Turnover of Corporation. Fee waivers are available for Pensioner Concession Card holders and those represented by Legal Aid ACT.
How to File
Applications are lodged through the ACAT Online Registry Portal or in person at the ACAT Registry (Level 4, 1 Moore Street, Canberra City). You must provide:
- A completed application form
- A copy of the notice to vacate you served
- Proof of service (registered post receipt, affidavit of personal delivery, or email headers with consent evidence)
- Supporting evidence for your ground (rent ledger, statutory declaration, contract of sale, employer posting letter, inspection reports — whatever your specific ground requires)
- Payment of the filing fee
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What Happens at the Hearing
ACAT follows a structured process:
1. Notice of Hearing. After you lodge, ACAT issues a Notice of Hearing to both parties. Matters are typically listed within 2–4 weeks.
2. Conference / Mediation. Most matters start with a preliminary conference presided over by an ACAT Member or Registrar. The aim is to explore whether a consent settlement is possible — perhaps the tenant agrees to vacate by a specific date, or a payment plan resolves the arrears.
3. Formal Hearing. If no agreement is reached, the matter proceeds to a hearing where the tribunal examines your evidence. ACAT checks every procedural step: Was the notice on the correct form? Was the ground valid? Was the notice served by a lawful method? Was the notice period correctly calculated? Were the mandatory attachments included?
4. The Order. If ACAT is satisfied, it issues a Termination and Possession Order specifying the exact date by which the tenant must leave. For some breach grounds, ACAT has discretion — it may issue a payment order instead of termination if the breach is not severe enough.
Mandatory vs Discretionary Grounds
Not all grounds are treated equally at ACAT:
- Mandatory: Where the statutory requirements are met — for example, a valid sale-based notice with an unconditional contract — ACAT must issue the order unless specific statutory relief applies.
- Discretionary: For general breach applications, ACAT weighs the seriousness of the breach, whether the tenant has tried to remedy it, and whether a payment order is more appropriate.
If the Tenant Still Does Not Leave
If ACAT grants the TPO and the tenant remains past the ordered date, you apply for a Warrant for Eviction under section 40 of the RTA. The warrant is directed to the Sheriff of the ACT Magistrates Court, who schedules and executes the physical repossession. Police or court bailiffs may attend.
Common Reasons Applications Fail
- Notice period too short — the landlord miscalculated, usually by forgetting postal delivery days
- Missing evidence — no statutory declaration on an owner move-in, no contract of sale for property sale
- Invalid service — email without consent, or served on only one joint tenant
- Precondition failure — bond not lodged, property below minimum housing standards, or an unlawful rent increase
Each failure means starting over: new notice, full notice period again, fresh ACAT application with a new filing fee.
The ACT Ending a Tenancy guide prepares your evidence bundle for ACAT with ground-specific checklists.
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