Section 51A Threatening Behaviour: ACT Tenancy Termination Process

What Section 51A Covers

Section 51A of the Residential Tenancies Act 1997 provides a specific pathway for landlords dealing with a tenant who engages in threats, harassment, or intimidation. This is separate from section 51 (intentional serious damage or injury), which applies to more extreme conduct and allows a direct ACAT application with no notice at all.

Section 51A sits between the immediate-danger provisions and the standard breach process. It recognises that threatening behaviour is serious enough to warrant termination but includes procedural steps designed to give the tenant a chance to stop.

The Two-Stage Process

Unlike most other termination grounds, section 51A requires a specific preliminary step before you can apply to ACAT.

Stage 1: The 14-Day Written Warning

Before filing an ACAT application, you must serve the tenant with a written warning describing the threatening, harassing, or intimidating behaviour. This warning must give the tenant 14 days to cease the conduct.

The warning should be specific — identify the dates, times, and nature of the behaviour. Vague warnings ("the tenant has been difficult") will not satisfy ACAT's requirements.

Stage 2: ACAT Application with 21-Day Wait

If the behaviour continues after the 14-day warning period, you can apply to ACAT for a Termination and Possession Order under section 51A. But there is a built-in delay: ACAT must wait at least 21 days from the date of your application before holding the hearing.

This 21-day wait gives the tenant further opportunity to change course and also ensures the tribunal process is not used as an immediate retaliatory tool.

Evidence You Need

ACAT takes these applications seriously and expects substantial evidence:

• Written warning. A copy of the 14-day warning you served, with proof of service.
• CCTV footage. If available, footage of the threatening behaviour is strong evidence.
• Police report numbers. If you reported the behaviour to ACT Policing, bring the report reference numbers.
• Written correspondence. Threatening text messages, emails, or notes from the tenant.
• Witness statements. Written statements from neighbours, other tenants, or anyone who observed the behaviour.
• A chronological log. Dates, times, descriptions of each incident.

How This Differs from Section 51

Section 51 (intentional serious damage or injury) is for more extreme conduct where the risk is immediate. Under section 51, no preliminary notice is required — you apply directly to ACAT for an urgent hearing. Evidence typically includes police reports, medical records, and property damage photographs.

Section 51A covers a broader range of threatening conduct that may not rise to the level of physical violence or serious property damage but still makes the tenancy untenable.

The Retaliatory Protection Check

Be aware that ACAT will examine whether the application is retaliatory. Under section 57 of the RTA, if the tribunal determines the termination was motivated by the tenant exercising a statutory right — like requesting repairs or challenging a rent increase — the application will be dismissed.

If the tenant recently lodged their own ACAT application against you, or complained to Access Canberra about the property condition, make sure your section 51A evidence stands on its own merits rather than appearing to be a response to the tenant's complaint.

For the full section 51A process with the warning template and evidence checklist, the ACT Ending a Tenancy guide walks through each stage.

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