How to Serve a Tenancy Notice in the ACT: Methods, Proof, and Postal Rules

Three Lawful Service Methods

Section 98 of the Residential Tenancies Act 1997 and the Legislation Act 2001 set out the only ways an ACT landlord can serve a tenancy notice. Use an unapproved method and the notice is invalid — ACAT will dismiss it regardless of how strong your underlying ground is.

1. Personal Delivery

Hand the notice directly to the tenant, or to an adult person residing at the rented premises. This is the most reliable method because there is no postal delay — the notice is deemed received immediately on the day you deliver it.

If there are joint tenants, serve a separate copy on each co-tenant individually. Serving one tenant and assuming it covers everyone on the lease is a common error that invalidates the notice.

2. Post

You can send the notice by standard, priority, or registered post to the tenant's designated address for service. But posting introduces a timing complication: you must add Australia Post delivery days before the statutory notice period starts counting.

These delivery days are added to the front of your timeline. For an 8-week notice served by standard post on a Wednesday, you add 4 business days to find the deemed receipt date, then begin counting 56 clear days from the next day.

Registered post gives you a tracking receipt, which is useful proof of service. Standard post offers no tracking — if the tenant denies receiving the notice, you have no evidence of delivery.

3. Email

Email service is valid only if the tenant has explicitly agreed in writing to accept electronic service of formal notices at a designated email address. This consent might be in the tenancy agreement, or in a separate written document.

Without that written consent, an emailed notice is legally meaningless. This is the single most common service error that ACT landlords make. Sending a notice via a messaging app, text message, or social media is never valid.

Counting the Notice Period

Once the notice is deemed received, the counting rules under section 151 of the Legislation Act 2001 apply:

• Day of receipt is excluded. Counting begins the next day.
• Clear days. The notice period represents complete, clear days.
• Weekend or public holiday landing. If the calculated expiry date falls on a Saturday, Sunday, or ACT public holiday, it rolls forward to the next business day.

Proof of Service at ACAT

The landlord carries the burden of proving valid service at any ACAT hearing. Evidence you should retain:

• Personal delivery: A signed affidavit noting the date, time, location, and name of the person who received the notice. Having a witness present strengthens this.
• Post: Australia Post tracking receipt (registered or priority) or proof of postage receipt (standard). Keep the receipt until well after the matter is resolved.
• Email: The sent email with full headers showing the date and time of transmission, plus the document establishing the tenant's prior written consent to electronic service.

Address for Service

Notices must go to the tenant's designated address for service under SRTT clause 98. If the tenant has notified you in writing of a change of address, use the new address. Sending the notice to an old address when you have been told about a new one can invalidate service.

What Gets Notices Thrown Out

The errors ACAT sees most often:

• Serving by email without written consent
• Forgetting to add postal days before starting the notice count
• Serving only one joint tenant instead of all of them
• Sending to the wrong address
• Failing to keep any proof of service

A dismissed notice means you start the entire process from scratch — recalculate, re-serve, and wait through the full notice period again.

The ACT Ending a Tenancy guide includes service method checklists and worked date calculations for each delivery method.

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