ADF Posting Clause ACT Tenancy: How Defence Force Landlords End a Lease
What the Posting Clause Does
Canberra's rental market is shaped by the Australian Defence Force and the Australian Public Service. Thousands of homeowners lease out their properties when posted interstate or overseas, then need the house back when they return. The ACT recognises this with a specific posting clause under Schedule 2, Clause 102 of the Standard Residential Tenancy Terms.
This clause lets a landlord who is posted back to the ACT for employment issue a notice to vacate — even during a fixed-term agreement, provided the clause was included in the lease.
How the Posting Clause Works
The requirements:
The clause must be in the tenancy agreement. If your lease does not include the posting clause (Schedule 2, Clause 102), you cannot use this ground. Check your lease before assuming you have this option. Most standard ACT residential tenancy agreements include it, but not all.
You must be posted back to the ACT for work. This is not limited to ADF — it applies to any employer-directed transfer. But it must be a genuine posting, not a voluntary decision to return.
You must give 8 weeks' notice. The minimum notice period is the same as owner move-in and property sale.
Attach your employer's formal posting letter. The notice to vacate must be accompanied by written evidence from your employer confirming the ACT posting. A verbal confirmation or an internal email is not sufficient — it needs to be a formal letter.
The October 2025 Partner Extension
For leases signed on or after 12 October 2025, the posting clause extends to the landlord's spouse or domestic partner. Previously, only the landlord named on the title and the lease could invoke the posting clause. The amendment means that if your partner receives the posting order, the clause still applies.
This change matters for dual-service ADF households where the property might be in one partner's name but the other partner receives the posting.
Free Download
Get the Australian Capital Territory Ending a Tenancy Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Posting Clause vs Owner Move-In
Both grounds give you 8 weeks' notice on a periodic tenancy. The key differences:
| Feature | Posting clause | Owner move-in |
|---|---|---|
| Works on fixed-term | Yes (if clause in lease) | No |
| Evidence required | Employer posting letter | Statutory declaration |
| 6-month residence rule | Not specified | Yes |
| Available to partner | Yes (leases from 12 Oct 2025) | Yes (immediate family) |
The posting clause is particularly valuable during a fixed-term lease, where the owner move-in ground is unavailable.
Serving the Notice
The same service rules apply as for any ACT notice to vacate:
- Personal delivery, post, or email (with written consent)
- Add postal delivery days before starting the 8-week count
- Keep proof of service
If the Tenant Challenges It
The most common challenges at ACAT:
- The clause was not in the lease
- The employer letter was insufficient or vague
- The posting is disputed (voluntary return vs directed posting)
Come prepared with the original lease showing the clause, the employer letter, and your proof of service.
For the complete posting clause workflow and evidence checklist, the ACT Ending a Tenancy guide covers this ground alongside every other termination scenario.
Get Your Free Australian Capital Territory Ending a Tenancy Checklist
Download the Australian Capital Territory Ending a Tenancy Checklist — a printable guide with checklists, scripts, and action plans you can start using today.