How to Count Notice Days for ACT Tenancy Termination

Why Date Calculation Matters

Miscounting the notice period is the most common reason ACT tenancy notices get dismissed at ACAT. The rules are precise: the Legislation Act 2001 (section 151) controls how days are counted, and there is no margin for error. A notice that expires one day early is invalid.

The Three Rules

Rule 1: Exclude the Day of Service

The day you serve the notice — or the day the notice is deemed received — does not count toward the notice period. Counting starts on the next day.

If you hand a notice to the tenant on Monday 5 October, the first day of the notice period is Tuesday 6 October.

Rule 2: Add Postal Delivery Days First

If you serve by post, you must add Australia Post delivery days before you begin counting the notice period. The delivery allowance depends on the postal method:

These are business days, not calendar days — weekends and public holidays do not count toward the postal allowance.

Rule 3: Roll Forward for Weekends and Holidays

If the calculated expiry date falls on a Saturday, Sunday, or ACT public holiday, the expiry date rolls forward to the next business day.

Worked Example: 8-Week Notice by Standard Post

You are issuing an owner move-in notice to vacate (8 weeks / 56 days). You post it by standard mail on Wednesday 14 October 2026.

1. Postal allowance: 4 business days from Wednesday 14 October = Thursday 15, Friday 16, Monday 19, Tuesday 20. Deemed receipt date: Tuesday 20 October.
2. Day of receipt excluded. Counting starts Wednesday 21 October.
3. 56 clear days from 21 October = Wednesday 16 December 2026.
4. Holiday check: 16 December 2026 is a Wednesday — not a weekend or public holiday. The notice expires on 16 December.
5. Earliest ACAT filing date: Thursday 17 December (the day after the notice expires).

Worked Example: 14-Day Notice to Remedy by Personal Delivery

You hand the tenant a notice to remedy breach on Thursday 1 October 2026.

1. No postal allowance (personal delivery).
2. Day of service excluded. Counting starts Friday 2 October.
3. 14 clear days from 2 October = Thursday 15 October.
4. Holiday check: 15 October is a weekday, no public holiday. The remedy period expires on 15 October.
5. If the breach continues on 16 October, you can serve the notice to vacate.

ACT Public Holidays to Watch

The ACT has public holidays that other states do not (and vice versa). Canberra Day (second Monday in March), Reconciliation Day (27 May), and Family and Community Day vary from NSW's schedule. If the expiry date falls on one of these, it rolls forward — but only ACT public holidays count, not NSW holidays.

The Trap: Combining Postal Days with Notice Days

A common error is to count postal days and notice days as one combined period. They are separate. The postal allowance determines when the notice is deemed received. The notice period then counts from the day after deemed receipt. Conflating the two shortens your actual notice period and gives ACAT grounds to dismiss.

Joint Tenants Complicate the Count

If multiple tenants are on the lease, serve each one separately. If you serve one by personal delivery on Monday and post the other's copy on Tuesday, the deemed receipt dates differ and the notice period may expire on different days. The safe approach is to count from the latest deemed receipt date.

For notice period calculators and date-by-date worked examples for each ground, the ACT Ending a Tenancy guide includes the full calculation method.

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