Tenant Breach Notice in the ACT: Landlord Process for Rent Arrears and Damage

The Two-Step Breach Sequence

When a tenant breaches the tenancy agreement in the ACT — whether through unpaid rent or property damage — the landlord cannot jump straight to a notice to vacate. The Residential Tenancies Act 1997 requires a two-step process for most breaches.

Step 1: Notice to Remedy Breach. Serve the tenant with a formal Notice to Remedy (Form 1 from Access Canberra) giving 14 clear days to fix the problem. For rent arrears, that means paying the outstanding amount. For property damage or other breaches, it means rectifying the issue.

Step 2: Notice to Vacate. If the breach continues unremedied after those 14 days, you can then serve a Notice to Vacate giving a further 14 clear days. Only after this second notice expires without the tenant leaving can you apply to ACAT.

This applies to both periodic and fixed-term tenancies — breach is one of the few grounds that works during a fixed term.

Rent Arrears Specifically

The most common breach scenario. A tenant falls behind on rent, and the landlord needs to act.

Your evidence package should include:

• A complete rent ledger showing payment history and the gap
• Bank statements confirming no payments received
• A copy of the Notice to Remedy you served, with proof of service
• The subsequent Notice to Vacate if the arrears were not paid within 14 days

ACAT also has a streamlined pathway for tenants who breach an existing ACAT Payment Order. Under section 49B of the RTA, if ACAT previously issued a payment order and the tenant failed to comply, you can apply directly for a Termination and Possession Order without serving fresh notices.

Property Damage

The same two-step process applies. Serve a Notice to Remedy describing the specific damage and what the tenant needs to do to fix it. Document the damage with photographs and inspection reports before serving the notice — this evidence is what ACAT will rely on.

The 14-day remedy period gives the tenant a genuine opportunity to repair the damage. If the damage is superficial and the tenant fixes it within the window, the matter ends there. If the damage is serious or ongoing, the unremedied breach supports your notice to vacate.

Unsafe Premises — The Exception

If the property becomes structurally unsafe or uninhabitable — fire damage, major flooding, structural failure — a different rule applies. Under SRTT clause 96, you can serve a 1-week notice to vacate. This does not require a prior notice to remedy.

You must attach an official safety report from emergency services, an engineer, or a building inspector confirming the hazard. A landlord's own assessment is not sufficient.

Intentional Serious Damage or Threats

For the most extreme situations — a tenant intentionally causing serious damage to the property, or threatening, harassing, or intimidating the landlord or neighbours — you do not need to serve any notice at all. Under sections 51 and 51A of the RTA, you can apply directly to ACAT for an immediate Termination and Possession Order.

For the section 51A threatening behaviour ground, there is a procedural requirement: you must have given the tenant a 14-day written warning before filing the ACAT application, and ACAT must wait 21 days before holding the hearing.

ACAT Discretion on Breach

ACAT does not rubber-stamp every breach application. For non-rent breaches, the tribunal considers:

• Whether the breach is serious enough to warrant termination
• Whether the tenant has taken steps to remedy the issue
• Whether a payment order (section 49A) is more appropriate than eviction

Come to the hearing with thorough documentation. A vague notice to remedy or incomplete evidence makes ACAT less likely to grant the order.

For the complete breach sequence with date calculations and evidence checklists, the ACT Ending a Tenancy guide covers every breach scenario from arrears to property damage to urgent safety matters.

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