ACT Standard Residential Tenancy Terms: What Landlords Need to Know for Ending a Tenancy

Every residential tenancy agreement in the ACT automatically incorporates the Standard Residential Tenancy Terms (SRTT), codified in Schedule 1 of the Residential Tenancies Act 1997. You cannot contract out of them. Any clause in your lease that tries to exclude, restrict, or modify rights under the SRTT is void unless ACAT has specifically approved it under s 10 of the RTA.

For landlords planning to end a tenancy, several SRTT clauses directly control what you can and cannot do.

Clause 5: Automatic Roll-Over to Periodic

When a fixed-term lease expires and the tenant stays without entering a new fixed-term agreement, the tenancy becomes periodic under clause 5. This is why fixed-term expiry alone never forces a tenant to leave — a point the Residential Tenancies Legislation Amendment Act 2023 reinforced by abolishing "no-cause" terminations from 1 April 2023.

Clauses 92 and 93: Breach Notices

Clause 92 governs rent arrears. If rent is unpaid for at least 1 week, the landlord can issue a Notice to Remedy giving the tenant 1 week to pay. If the arrears persist, a Notice to Vacate follows with a 2-week period.

Clause 93 covers non-rent breaches — property damage, unauthorised occupants, interference with neighbours. The landlord must give 2 weeks to remedy a remediable breach, then 2 weeks to vacate if it continues.

Both clauses require precise breach descriptions. A vague notice ("the tenant is causing problems") gives ACAT grounds to dismiss the application.

Clauses 86 and 87: Premises Not Fit for Habitation

If the premises become unfit for habitation due to structural failure, fire damage, or a serious hazard, clause 86 allows termination, with at least 1 week’s notice under clause 87. Rent abates from the date the premises become uninhabitable. Keep evidence of the condition, such as an emergency services report, building inspector assessment, or engineer’s letter.

Regulation 5 and Clause 98: Service of Notices

Section 5 of the Residential Tenancies Regulation 1998 controls service of a termination notice; clause 98 sets the parties’ addresses for service. A landlord must deliver the notice to the tenant personally, leave it at, or send it by prepaid post to the tenant’s residence or business address or stated address for service. Email or text alone is not valid service, even if the tenant has provided an email address for service.

This is one of the most consequential requirements for landlords. Serving a termination notice by email, text message, or verbal conversation does not satisfy the statutory service methods. A defect can lead ACAT to reject the notice, although the Act allows limited relief where the defect did not significantly disadvantage the recipient.

The Regulation 1998: Procedural Detail

The Residential Tenancies Regulation 1998 fills in the operational detail the Act leaves to subsidiary legislation. The key provisions for landlords ending a tenancy:

• Rent increase caps: Regulation 5A prescribes the formula — maximum 110% of the CPI (Rents subgroup, Canberra) change since the last increase, no more than once every 12 months. Issuing a notice based on unpaid rent that was unlawfully increased above this cap voids the entire termination chain.
• Consecutive tenancy protections: 2024 amendments to the Regulation reinforced that the CPI rent cap applies across back-to-back agreements where at least one tenant remains.
• Prescribed notice forms: The Regulation specifies the format requirements for official notices, which are published through Access Canberra.

What This Means in Practice

The SRTT operates as a floor, not a ceiling. Your lease can give the tenant more rights (longer notice, additional protections), but never fewer. When you prepare a termination notice, check it against the relevant SRTT clause — not just against what your lease says — because ACAT applies the statutory terms regardless of the contract.

Our ACT Ending a Tenancy guide maps every SRTT clause to the practical steps landlords need to take, with a Compliance Precondition Audit worksheet that catches the errors ACAT most often flags.

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