ACT Rental Penalties for Non-Compliance: What Landlords Face

Penalty Units, Not Fixed Dollar Amounts

ACT tenancy penalties are expressed in "penalty units" under Section 133 of the Legislation Act 2001. The dollar value depends on whether the offender is an individual or a corporation:

• Individual: $160 per penalty unit
• Corporation: $810 per penalty unit

These values are set by statutory determination and can change. The figures below reflect current determinations.

Advertising Offences

Omitting mandatory disclosures — failing to state the EER rating, insulation compliance status, or adaptable housing status in a rental listing: 5 penalty units ($800 for individuals, $4,050 for corporations). This is a strict liability offence, meaning intent doesn't matter. You don't need to know you were required to include the disclosure — the penalty applies regardless.

Publishing false or misleading statements about minimum housing standards: also 5 penalty units. Claiming a property complies with the insulation standard when it doesn't falls here.

Soliciting rent bids or inviting higher offers: 20 penalty units ($3,200 for individuals, $16,200 for corporations). This is the heaviest advertising penalty in ACT tenancy law.

Check every published listing: the required disclosures must appear in each rental advertisement, regardless of platform.

Insulation Non-Compliance

Failing to meet the ceiling insulation standard doesn't carry a direct fine in the way advertising offences do. Instead, enforcement runs through ACAT. A tenant in a non-compliant property can apply to the tribunal, which has power to order:

• Specific work orders requiring you to complete the insulation upgrade by a set date
• Rent abatement — reducing the rent to compensate the tenant for higher energy costs and reduced amenity
• Compensation payments to the tenant
• Tenancy termination without penalty to the tenant

A rent abatement on a $600/week property can add up, depending on the amount and period ordered. Combined with the cost of the insulation upgrade, the financial impact of non-compliance can include rent abatement, compensation, advertising fines, and the upgrade cost itself.

Record-Keeping Failures

Failing to retain minimum-standards records for 12 months after tenancy termination is an offence under Section 19C of the Act. Beyond the penalty itself, the practical consequence is evidentiary: at ACAT, missing records may lead to adverse inferences. If you can't produce the insulation certificate, electrical safety reports, or condition report, you may have difficulty substantiating your account.

Repair Failures

Missing the 24-hour urgent repair deadline doesn't trigger a direct fine. If the lessor or nominated trade contact cannot be reached, or fails to act within a reasonable timeframe, the tenant may arrange urgent repairs up to 5% of annual rent, with reasonable costs reimbursed against trade invoices. Persistent repair failures can be taken to ACAT, resulting in compensation orders and, in serious cases, tenancy termination orders.

The Compliance Math

Insulation quotes range from around $3,000 for standard top-ups to over $10,000–$14,000 for complex roof structures requiring removal or rewiring. The total cost of non-compliance can include rent abatement, compensation, advertising fines, and the upgrade cost itself.

The ACT Rental Minimum Standards Guide breaks down each compliance step with its associated deadline and penalty, so you can prioritise the actions that carry the highest risk of enforcement.

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