How to End a Tenancy in the ACT as a Landlord

The ACT Tenancy Termination Process, Start to Finish

Ending a residential tenancy in the Australian Capital Territory follows a strict linear pathway. There are no shortcuts, no informal arrangements that hold legal weight, and no way around ACAT if the tenant decides to stay. Here is what the process looks like from the landlord's side.

Fixed-Term vs Periodic — Why It Matters

Your options depend on which type of agreement is in place.

Fixed-term agreements cannot be terminated early just because you want the property back. The only grounds available during a fixed term are breach-based (tenant not paying rent, damaging the property) or safety-based (premises are unsafe). Grounds like property sale, owner move-in, and renovation apply only once the tenancy becomes periodic.

When a fixed-term lease expires and the tenant stays on without signing a new lease, the agreement automatically converts to a periodic tenancy under section 62 of the RTA and SRTT clause 84. The same terms continue — the tenant does not need to sign anything for this to happen. This is where most ending-a-tenancy scenarios begin.

Periodic agreements open the full range of termination grounds: sale, owner occupation, posting clause, renovation, demolition, and breach.

Step 1: Confirm Your Lawful Ground

Since 1 April 2023, every termination in the ACT must be grounded in a specific statutory reason under Division 4.4 of the Residential Tenancies Act 1997. No-cause evictions — including the old 26-week notice on periodic tenancies — are abolished.

The most common grounds and their notice periods:

Step 2: Check Your Compliance Preconditions

Before serving any notice, confirm that:

• Your rental bond is lodged with the ACT Revenue Office
• Your property meets the minimum housing standard for ceiling insulation (R3.5 since April 2023)
• Any recent rent increases complied with the CPI-linked 110% cap under section 68 of the RTA

Failing on any of these can give the tenant grounds to challenge your notice at ACAT.

Step 3: Prepare the Notice and Attach Evidence

Use the correct Access Canberra form for your ground. Attach the mandatory supporting documents — a statutory declaration for move-in, an executed contract of sale for property sale, an employer letter for posting, or Development Approval for renovations.

Step 4: Serve the Notice

Serve it personally, by post (add 2–4 business days for delivery), or by email if the tenant has given written consent. Keep your proof of service — you will need it at ACAT if the tenant does not leave.

Step 5: Wait for the Notice to Expire

The day of service does not count. Count clear days from the next day. If the final day falls on a weekend or public holiday, it rolls forward.

Step 6: Apply to ACAT if the Tenant Stays

If the tenant does not vacate by the date on the notice, your only legal option is to apply to ACAT for a Termination and Possession Order. The fee is $195 for individuals (bond lodged). ACAT typically lists matters within 2–4 weeks. At the hearing, the tribunal checks every procedural step — one error can send you back to step 3.

Step 7: Enforce via the Sheriff

If ACAT grants the TPO and the tenant still does not leave, apply for a Warrant for Eviction. The ACT Magistrates Court Sheriff handles the physical repossession. You cannot do this yourself under any circumstances.

Realistic Timeline

A clean owner-move-in termination on a periodic tenancy, served by registered post, takes roughly: 2 business days postal delivery + 56 days notice + (potentially) 2–4 weeks for ACAT listing + enforcement. Budget at least three months from when you first decide to end the tenancy.

For the full set of grounds, date calculations, and ACAT preparation steps, the ACT Ending a Tenancy guide covers each stage with a compliance checklist.

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