Ending a Tenancy Checklist for ACT Landlords: Every Step Before, During, and After

Missing one step in an ACT tenancy termination can invalidate the entire process. ACAT scrutinises every procedural element — the ground, the notice form, the attachments, the service method, and the date calculation. Here is the sequence in order.

Before You Serve Notice

• Identify your ground. Every termination must rest on a specific provision under Division 4.4 of the Residential Tenancies Act 1997. Since 1 April 2023, no-cause evictions are abolished in the ACT. Match your situation to the correct statutory ground: sale (s 46B, periodic only), owner/family move-in (s 48(1)(a), periodic only), breach (s 48/s 49), unsafe premises (SRTT cl 96), ADF posting (Schedule 2 cl 102), or a direct-application ground (s 51, s 51A, s 52).

• Check your own compliance. Bond lodged with the ACT Revenue Office? Ceiling insulation at R3.5 minimum (or valid exemption)? Rent increase within the 110% CPI cap? Non-compliance with minimum housing standards can defeat your application under s 46AA.

• Confirm the tenancy type. Several grounds (sale, owner move-in, renovation, demolition) are available only for periodic tenancies. If the tenant is on a fixed-term lease, you generally cannot terminate until expiry — and expiry alone does not end the tenancy (it rolls to periodic under SRTT cl 84).

Preparing the Notice

• Use the prescribed form. Official templates are published by the Justice and Community Safety Directorate through Access Canberra. Interstate templates and generic kits lack ACT-specific requirements and will be rejected.

• Attach mandatory evidence. Owner move-in: statutory declaration of intent to reside for at least 6 months. Property sale: executed unconditional contract of sale requiring vacant possession. ADF posting: formal employer letter. Renovation/demolition: Development Approval or Building Approval.

• Calculate the termination date. Exclude the day of service; count from the next day. If the date falls on a weekend or ACT public holiday, roll forward to the next business day (s 151, Legislation Act 2001). If posting, add Australia Post delivery allowances (4 business days standard, 2 priority) before the count starts.

Serving the Notice

• Choose a permitted method. Personal delivery to the tenant or an adult at the premises, post (standard/priority/registered), or email only if the tenant has given explicit written consent.

• Serve each joint tenant individually. Separate copies addressed to each co-tenant.

• Keep proof. Tracking receipts, signed acknowledgements, email headers. The burden of proving valid service is on you at ACAT.

After the Notice Period Expires

• Tenant vacates voluntarily. Conduct a final inspection, complete the condition report, and lodge the bond release through the ACT Rental Bonds Hub. If the bond is contested, the Revenue Office refers the dispute to ACAT after a 2-week window.

• Tenant does not vacate. Apply to ACAT for a Termination and Possession Order. Filing fee: $195 for an individual with a bond held, $384 without (effective 1 July 2026). Attach the notice, proof of service, and all supporting evidence.

• Tenant still refuses after the order. ACAT issues a Warrant for Eviction, executed by the ACT Magistrates Court Sheriff. You cannot enforce possession yourself.

Post-Termination Restrictions

If the ground was owner/family move-in or renovation, a 6-month re-letting ban applies — you cannot advertise or re-let the property during that period unless ACAT grants an exemption. Breaching this ban carries penalties calculated at $160 per penalty unit (individual) and exposes you to tenant compensation claims.

Get the Full Checklist and Worksheets

Our ACT Ending a Tenancy guide includes a 25-item dated checklist plus five fillable worksheets — Notice Date Calculator, Proof-of-Service Audit Log, Pre-ACAT Evidence Checklist, Compliance Precondition Audit, and Counter-Notice and Timeline Tracker — covering every step above with the specific rules as at October 2026.

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