No-Cause Eviction Abolished in the ACT: What Happens When a Lease Expires

What Changed on 1 April 2023

The Residential Tenancies Amendment Act 2023 abolished no-cause evictions in the ACT. Before this change, a landlord could end a periodic tenancy by giving 26 weeks' notice without any reason. That power is gone.

Under current law, every termination initiated by a landlord must be grounded in a specific statutory reason under Division 4.4 of the Residential Tenancies Act 1997. There is no exception. If you do not have a qualifying ground, you cannot end the tenancy.

The Lease Expiry Misconception

One of the most persistent misunderstandings among ACT landlords: the expiry date on a fixed-term lease does not give you the right to vacant possession. When a fixed-term agreement reaches its end date and the tenant remains in occupation, the tenancy automatically converts to a periodic agreement on the same terms under section 62 of the RTA and SRTT clause 84.

The tenant does not need to sign anything. The conversion happens by operation of law. From that point, the tenancy continues indefinitely on a fortnightly or monthly cycle until it is lawfully terminated.

This means you cannot:

• Tell the tenant to leave because "the lease is up"
• Refuse to accept rent after the fixed term expires as a way to force them out
• Issue a notice to vacate simply because the lease has ended

What Grounds Are Available After Rollover

Once the tenancy becomes periodic, the full range of statutory grounds opens up:

• Owner or family move-in — 8 weeks' notice, with a statutory declaration
• Property sale — 8 weeks' notice, with an executed contract of sale
• Employment posting back to the ACT — 8 weeks' notice, with an employer letter
• Substantial renovation or demolition — 12 weeks' notice, with planning approvals
• Tenant breach — 14-day notice to remedy, then 14-day notice to vacate (available during fixed term too)
• Unsafe premises — 1 week's notice

If none of these apply to your situation, the tenancy continues.

Can You Prevent the Rollover

The only way to avoid the automatic periodic conversion is to execute a new fixed-term agreement before the current one expires. If the tenant agrees to sign a new fixed-term lease, the tenancy continues on those new terms rather than rolling over. But you cannot compel the tenant to sign a new agreement, and you cannot refuse to continue the tenancy if they decline.

Penalties for Getting This Wrong

Issuing a notice to vacate without a valid statutory ground is not just procedurally invalid — it can trigger consequences:

• ACAT will dismiss the application and you lose your filing fee ($195)
• If the notice was retaliatory (issued because the tenant exercised a statutory right like requesting repairs), ACAT can declare it void under section 57 of the RTA
• Attempting self-help eviction — changing locks, cutting utilities — carries fines calculated in penalty units ($160 per unit for individuals, $810 for corporations as of 2025–26)

Planning Around the New Rules

For landlords who leased out a property expecting to get it back at the end of the fixed term, the abolition of no-cause eviction means you need to plan ahead. If you know you will want the property back:

• Consider the posting clause when drafting the lease — it works during a fixed term
• Sell decisions need to align with the lease cycle — you cannot issue a sale notice during a fixed term
• Owner move-in is only available on periodic, so factor in the rollover period

The ACT Ending a Tenancy guide explains how each ground works under the post-2023 rules, with date calculations and compliance checklists for every scenario.

See more Australian Capital Territory guides →