Ending a tenancy in the ACT: notices to vacate and eviction

If you’ve received a notice to vacate

1. Check the date and the reason. A lessor’s notice must be in writing, name the address, give the ground with enough detail, and say you must leave by the end of the notice period (standard term 83). For the periodic grounds below, it must come with written evidence.
2. Check the notice period against the table below.
3. Don’t ignore it, and don’t panic. If you don’t leave, the lessor has to apply to ACAT. You can put your side there.
4. Get advice quickly. The Tenancy Advice Service can check whether the notice is valid. Some challenges, such as a retaliatory notice, must be made before the notice period ends.

When your fixed term ends

Your tenancy doesn’t end just because the fixed term does. If you stay on, it continues as a periodic tenancy (standard term 5). You can leave at or after the end of the fixed term with 3 weeks’ notice (standard term 89). A lessor can’t end a fixed term early to sell, move in or renovate; outside a breach, they need an ACAT order (for instance for significant hardship) or a posting clause you agreed to.

Reasons a lessor can end a periodic tenancy

Since 1 April 2023, a lessor needs a genuine reason and written supporting evidence, such as a statutory declaration, a development application or tradesperson quotes (standard term 96):

Lessor’s reason	Minimum notice
The lessor, a close relative or someone with a close relationship to them will live there	8 weeks
The lessor intends to sell the home	8 weeks
Major renovations, reconstruction or repairs that can’t be done with you living there	12 weeks
The lessor needs the home for a lawful use other than as a home	26 weeks

You can leave earlier by giving at least 2 weeks’ notice, or at least 4 days’ notice in the last 2 weeks of the lessor’s notice (standard term 97).

Rent arrears

If your rent is unpaid for 1 week, the lessor can give you a notice to remedy with 7 days to pay. If it’s still unpaid, they can give a notice to vacate with 2 weeks’ notice and apply to ACAT (standard term 92).

At ACAT, the tribunal can make a payment order instead of ending the tenancy, refuse to end it if the arrears are paid and future payment is likely, or suspend an order for up to 3 weeks for hardship. If you’re behind, talk to your lessor early, and see the help with rent in free tenancy advice.

Other breaches

For other breaches, the lessor can give a notice to remedy with 2 weeks to fix it, then a notice to vacate with 2 weeks’ notice, and then apply to ACAT (standard term 93). ACAT can refuse to end the tenancy if the breach has been fixed.

Retaliatory notices

ACAT must disallow a termination notice if you apply before the notice period ends and it’s satisfied the lessor was motivated by (section 64AD):

• you applying to ACAT about the lessor
• you complaining to a government body
• you taking reasonable action to secure or enforce your rights, such as getting legal advice or mediation
• an ACAT order in your favour
• you publishing or sharing information about the home or the lessor that wasn’t knowingly false

Only ACAT can evict you

• A notice isn’t an eviction. If you don’t leave by the date in a lessor’s notice, they must apply to ACAT for a termination and possession order.
• ACAT can suspend an order for up to 3 weeks for hardship.
• An eviction warrant is issued only after an ACAT order. It authorises police to remove you, with at least 2 days’ notice unless there are exceptional circumstances, and normally only between 8am and 6pm, Monday to Thursday, not on public holidays.
• No self-help eviction. A lessor or agent must not enter to take possession, change the locks or remove your belongings without an order or warrant (section 37). ACAT must order compensation if they do.

When the home is sold

A sale doesn’t end your tenancy. A buyer who knew about it takes over the lease. In a periodic tenancy the lessor can give 8 weeks’ notice to sell, with evidence. In a fixed term you may be able to leave early with no break fee. See inspections, access and selling.

Public housing

Housing ACT tenancies have some extra rules about how they can end. If you’re a public housing tenant with a notice, contact Canberra Community Law (see free tenancy advice).