ACT Pre-Tenancy Disclosure Requirements for Landlords

Two Disclosure Gates, Not One

ACT landlords face disclosure obligations at two distinct points: advertising and before lease signing. They are separate statutory duties with different requirements.

The first gate is advertising. The second is before lease signing. They overlap in content but use different formats. Getting the advertising right doesn't excuse missing required pre-lease information, and vice versa.

What Every Rental Ad Must State

Under the Residential Tenancies Act 1997, every rental advertisement — Allhomes, realestate.com.au, print media, or signage — must include four mandatory disclosures:

1. Fixed weekly rent as a single specific figure. Soliciting rent bids or inviting higher offers is an offence carrying up to 20 penalty units ($3,200 for individuals)
2. Energy Efficiency Rating — state the star rating if an EER statement exists, or explicitly state "No EER rating" if none exists
3. Ceiling insulation compliance status — whether the property complies with the minimum standard or holds a valid statutory exemption (with the exemption reason)
4. Adaptable housing status — whether the dwelling is designed for accessibility

Omitting required information from a published rental advertisement is a strict liability offence carrying up to five penalty units ($800 for an individual). Each published advertisement must include its required information.

The Pre-Lease Information and Document Pack

Before the prospective tenant signs, you must provide the required pre-lease information:

Tenancy agreement and Renting Book. Provide a copy of the proposed agreement with the Schedule 1 Standard Residential Tenancy Terms, and a copy of the Renting Book or details about where the tenant can find it online.

Entry condition report. This is provided after possession, not as part of the pre-signing pack. Give the tenant two copies within one day of taking possession. The tenant has two weeks to review, comment, sign, and return a copy. An electronic report is allowed if the tenant agrees and the format can be edited.

Insulation statement confirming one of three statuses: the property meets the ceiling insulation standard, it holds an exemption (with stated reasons), or it's undergoing phased compliance (with the proposed compliance date).

EER statement — a copy, if one exists. If no EER assessment has been done, the advertising disclosure covers this; no separate document is required at lease signing.

Unit Title Rental Certificate (units and townhouses in a unit plan) — obtained from the Owners Corporation under Section 119 of the Unit Titles (Management) Act 2011. Valid for five years from issuance.

Asbestos report or advice. Provide a copy of any asbestos assessment report for the property that exists and can be obtained after reasonable steps; if there is no report or it cannot be obtained, provide the asbestos advice. The advice notice under Section 47M of the Dangerous Substances Act 2004 applies to homes built, or whose construction started, before 1990.

Swimming pool safety information — provide this before signing if the property has a regulated pool.

Record Retention

Under Section 19C of the Act, all records relating to minimum housing standards — electrical safety reports, trade invoices, insulation certificates, condition reports, and unit title certificates — must be retained for a minimum of 12 months after the tenancy terminates. Failure to keep these records is an offence.

Practical Sequencing

The disclosure requirements read like a checklist, but the practical challenge is sequencing them correctly. The insulation statement depends on knowing your compliance status. The EER disclosure depends on finding (or confirming the absence of) an existing assessment. The asbestos notice depends on knowing your property's construction date.

The ACT Rental Minimum Standards Guide organises these into a pre-tenancy documentation checklist that runs in dependency order — so each disclosure is ready before you need it, from the first advertising draft through to lease execution.

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