Statutory Declaration and Evidence Requirements for an ACT Notice to Vacate

A bare notice to vacate is not enough in the ACT. Most termination grounds require specific documentary evidence attached to the notice itself — and ACAT will not accept evidence submitted after the fact to cure a deficient notice. If the attachment is missing when the tenant receives the notice, the notice is void from the start.

Owner or Family Move-In: Statutory Declaration

When a landlord terminates a periodic tenancy under s 48(1)(a) of the Residential Tenancies Act 1997 to move in personally or for an immediate family member (spouse, domestic partner, parent, child, or sibling), the 8-week notice must be accompanied by a statutory declaration.

The statutory declaration must state that the qualifying person genuinely intends to reside in the premises as their principal place of residence for a continuous period of at least 6 months commencing shortly after vacant possession. It is sworn or affirmed before an authorised witness — a justice of the peace, solicitor, or other person authorised under the Oaths and Affirmations Act 1984 (ACT).

A statutory declaration is a legal document. Making a false declaration to remove a tenant constitutes a criminal offence and exposes the landlord to compensation claims at ACAT, plus a 6-month re-letting ban on the property.

Property Sale: Executed Contract of Sale

The sale ground under s 46B requires an executed, unconditional contract of sale that includes a condition for vacant possession at settlement. The 8-week notice (periodic tenancies only) must attach a copy of this contract.

What does not qualify:

• A signed agency agreement with a real estate agent
• A listing on the property market
• A conditional contract that has not yet gone unconditional
• A verbal agreement to sell

The contract must be finalised before the notice is served. Serving the notice prematurely — while the contract is still conditional — invalidates it entirely.

ADF Posting: Employer Letter

Schedule 2, clause 102 of the Standard Residential Tenancy Terms provides a termination ground for landlords posted back to the ACT for employment. This applies to Australian Defence Force personnel and public servants who leased out their home while stationed elsewhere.

The 8-week notice must include a formal letter from the employer confirming the posting to the ACT. Since 12 October 2025, the posting clause extends to the landlord's spouse or partner for leases signed on or after that date.

Renovation or Demolition: Planning Approvals

Terminating a periodic tenancy for substantial renovation, demolition, or change of use requires a 12-week (84-day) notice. The works must be extensive enough that the premises are rendered uninhabitable during execution — minor cosmetic updates do not qualify.

The notice must attach copies of the approved Development Approval (DA) or Building Approval (BA) from the ACT Planning Authority. Applications in progress, quotes from builders, or intentions to renovate are not sufficient evidence.

Unsafe Premises: Professional Report

A 1-week notice under SRTT clause 96 for unsafe or uninhabitable premises must be supported by an official safety assessment — an emergency services report, building inspector letter, or structural engineer's assessment confirming the specific hazard.

What Happens If Evidence Is Missing

ACAT treats evidentiary requirements as jurisdictional prerequisites. If the tenant contests the termination and the required attachment was not included with the original notice, ACAT will dismiss the application. The landlord must then serve a fresh notice with the correct attachments and wait out the full notice period again — adding months to the timeline.

Our ACT Ending a Tenancy guide includes a Pre-ACAT Evidence Checklist that maps each termination ground to its mandatory attachments, and a Compliance Precondition Audit that catches the documentation gaps ACAT most often flags.

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