Tenant Refuses to Leave in the ACT: What Landlords Can Legally Do

The Notice Has Expired and the Tenant Is Still There

You served a valid notice to vacate, the notice period has run its course, and the tenant has not moved out. This is frustrating, but the law in the ACT is unambiguous about what happens next: you must go through ACAT. There is no alternative and no shortcut.

What You Cannot Do

Self-help eviction is illegal under the Residential Tenancies Act 1997. Specifically, you cannot:

• Change the locks
• Remove doors, windows, or fittings
• Turn off electricity, gas, or water
• Physically enter the property to remove the tenant or their belongings
• Intimidate or pressure the tenant to leave

Any of these actions constitutes an offence and exposes you to criminal penalties (calculated in penalty units — $160 each for individuals as of 2025–26) and civil compensation orders at ACAT in the tenant's favour. A landlord who changes the locks on a holdover tenant typically pays more in penalties and compensation than the entire cost of the proper ACAT process.

Step 1: Apply to ACAT for a Termination and Possession Order

File your application through the ACAT Online Registry Portal or at the registry counter (Level 4, 1 Moore Street, Canberra City). The filing fee is $195 for individuals where the bond was lodged with the ACT Revenue Office.

You will need to bring:

• Your original notice to vacate (correctly formed, with the right ground and attachments)
• Proof of service
• Supporting evidence for your ground
• A rent ledger if the matter involves arrears

ACAT typically lists hearings within 2–4 weeks of lodging.

Step 2: Attend the Hearing

ACAT will often attempt mediation first. If the tenant agrees to vacate by a specified date during the conference, that agreement can be formalised as a consent order.

If mediation fails, the matter proceeds to a formal hearing where the tribunal examines whether every procedural requirement was met. One error — a miscalculated notice period, a missing attachment, invalid service — can result in your application being dismissed.

Step 3: Termination and Possession Order

If ACAT is satisfied, it issues a Termination and Possession Order specifying the date by which the tenant must yield vacant possession. This is a binding legal order.

Step 4: Warrant for Eviction

If the tenant ignores the TPO and remains past the ordered date, you apply to ACAT for a Warrant for Eviction under section 40 of the RTA. This warrant is directed to the Sheriff of the ACT Magistrates Court.

The sheriff (or court bailiffs) will attend the property, remove the occupants, and hand vacant possession back to you. This is the only lawful mechanism for physically recovering the property from a holdover tenant.

Realistic Timeline

From the date your notice expires to physical repossession (assuming the tenant contests at every stage):

• Application to ACAT: a few days to prepare and lodge
• ACAT listing: 2–4 weeks
• Hearing and order: same day or shortly after
• Compliance period in the TPO: typically 2–4 weeks
• Warrant application and execution: variable, but allow several additional weeks

Total: roughly 2–3 months after the notice already expired. This is why getting the notice right the first time matters — a dismissed application adds the entire timeline again.

Protecting Your Position

While waiting for the ACAT process:

• Continue to accept rent if the tenant offers it (refusing rent does not help your case)
• Document everything — dates, communications, condition of the property
• Do not enter the property outside the permitted access windows
• Prepare your evidence bundle thoroughly before the hearing date

The ACT Ending a Tenancy guide covers the complete enforcement pathway from notice expiry through ACAT to sheriff execution, with evidence checklists for each stage.

See more Australian Capital Territory guides →