During a tenancy

Tenant rights and responsibilities

Tenants have the right to enjoy their home in peace, comfort and privacy. A landlord cannot interfere with a tenant's use of the property. This means the landlord cannot go to the rental property without giving the tenant notice.

Tenants have obligations under the tenancy agreement. These include:

• paying the rent on time
• taking care of the property and keeping it reasonably clean
• telling the landlord of any damage to the property or required repairs
• seeking the landlord’s consent before making changes to the property
• not using the property for any illegal purpose
• not interfering with the neighbours’ quiet enjoyment of their homes
• telling the landlord if the property will be vacant for more than 3 weeks
• not letting new people move in without first seeking the landlord's consent.

Paying rent

Rent is a regular payment to live in a property. Tenants need to pay rent according to the tenancy agreement.

The tenancy agreement must state:

• the amount of rent
• how often the tenant must pay rent
• when the rent is due.

A landlord cannot require the tenant to pay more than 2 weeks of rent in advance.

The tenant and landlord must agree on how to pay rent before the tenancy starts.

Landlords must give tenants a receipt for rent payments, unless the rent is paid directly into an account.

Landlords must keep rent records for at least 12 months after the end of the tenancy.

Late or unpaid rent

If a tenant is late paying their rent, they are in rent arrears. There are rules about when and how a landlord can take action to recover unpaid rent.

If a tenant does not pay the rent, and rent has been outstanding for at least one week, the landlord may give the tenant a notice to remedy.

Notice to remedy

A notice to remedy is a legal notice asking the tenant to pay the rent that is owing. It must tell the tenant the amount of rent that is owed.

What happens after a notice to remedy is issued, depends on the actions of the tenant. If the tenant pays the outstanding rent within 7 days, the landlord is not allowed to take further action and the tenancy will continue. If the tenant does not pay the outstanding rent within 7 days, the landlord may issue a notice to vacate.

Notice to vacate

A notice to vacate asks the tenant to leave the property. The landlord must give the tenant at least 2 weeks notice to move out of the property.

If the tenant does not move out after receiving a notice to vacate, the landlord can apply to the ACT Civil and Administrative Tribunal for an order to end the tenancy agreement.

Rent increases

There are rules about how often the landlord can increase the rent and by how much.

Landlords can only increase the rent every 12 months. This rule applies, even if the landlord and tenant have entered into a new, consecutive tenancy agreement.

Use the rent increase calculator to find out how much the rent can increase by.

Modifying the property

If a tenant wants to make changes or modifications to the property, they need to write to the landlord to seek consent.

There are some modifications that a landlord cannot refuse to consent to, unless they have an order from the ACT Civil and Administrative Tribunal (ACAT), allowing them to refuse.

These are known as special modifications and can include:

• minor modifications, which can be undone so that the property is restored to substantially the same condition as at the start of the tenancy, such as putting up picture hooks, fixing blinds to a window, or planting vegetables in the garden
• safety modifications, such as installing child safety devices like furniture anchors or gates on staircases
• security modifications
• disability modifications
• energy efficiency modifications
• telecommunications modifications.

If a landlord wants to refuse consent for one of these modifications, they will need to apply to ACAT for permission to refuse consent within 14 days of getting the tenant’s request.

If the landlord does not respond to the request, or apply to ACAT for permission to refuse, within the 14 days, they are taken to have consented to the modification.

A landlord can refuse to consent to any modification that is not considered a special modification without approval from ACAT. If a landlord refuses consent and the tenant thinks it is unreasonable, the tenant can apply to ACAT for a review.

Generally the tenant will be responsible for the costs of the modification. They must also undo the change before leaving the property, unless the landlord agrees that the modification can remain.

Landlord rights and responsibilities

Landlords receive rent in exchange for allowing a tenant to live in a rental property as their home.

Landlords must allow tenants quiet use and enjoyment of the rental property. This means they cannot go to the rental property without having a legal reason to do so. Legal reasons landlords can go to the rental property include:

• where the tenant agrees to let the landlord come to the property
• conducting or inspecting repairs or ensuring the property meets minimum standards
• conducting inspections
• showing the property to potential buyers or tenants.

Unless the tenant agrees, or the landlord needs to make urgent repairs, the landlord cannot access the property:

• on Sundays
• on public holidays
• before 8am
• after 6pm.

When the landlord does go the property, they must:

• give the tenant notice first
• go at a time that is reasonable for both the tenant and the landlord.

Inspections

Landlords can inspect the property to check it is in good condition. There are limits on how often this can occur.

Landlords can do an inspection:

• during the first month of the tenancy
• during the final month of the tenancy
• twice in each 12 month period from when the tenancy begins.

A landlord must give a tenant at least one week notice in writing before any standard inspection.

If landlords and tenants enter a consecutive tenancy agreement, they don't have to do an inspection for the tenancy that is ending.

Repairs to the property

Landlords are responsible for maintaining the property and ensuring it remains reasonably safe and secure. Tenants are responsible for telling the landlord if there is a need for a repair.

Landlords must complete urgent repairs as soon as practicable. They must give the tenant reasonable notice before they access the property to conduct urgent repairs.

The following are urgent repairs:

• a burst water service
• a blocked or broken toilet
• a serious roof leak
• a gas leak
• a dangerous electrical fault
• flooding or serious flood damage
• serious storm or fire damage
• a failure of gas, electricity or water supply to the property
• a failure of any refrigerator or laundry appliance supplied with the property
• a failure of any service for hot water, cooking, heating or cooling
• any fault or damage that makes the property unsafe or insecure, or is likely to cause injury to person or property
• a serious fault in any door, staircase, lift or other common area that prevents or causes undue inconvenience to the tenant accessing or using the property.

Landlords must complete non-urgent repairs within 4 weeks. They must give the tenant one week written notice before they access the property to:

• conduct non-urgent repairs
• inspect repairs
• undertake work to ensure the property meets minimum standards.

Showing the property to potential buyers or tenants

Landlords are allowed to access to a rental property to show the property to potential buyers or tenants. There are limits on when this can occur and how much notice the landlord must give to the tenant.

Access for potential tenants

When a tenancy is ending, landlords are allowed to access the property to show it to new tenants. In the last 3 weeks before the tenancy ends, tenants must allow the landlord reasonable access to show the property to potential new tenants. The landlord must give the tenant 24 hours notice before the inspection occurs.

Access for potential buyers

Landlords are allowed to access the property to show it to potential buyers. Before they can do this, they must write to the tenant to tell them that they intend to sell the property. Tenants cannot unreasonably refuse access in this situation. Some rules apply:

• the landlord must give at least 48 hours notice before the inspection occurs
• the tenant does not have to agree to more than 2 inspections per week
• the inspection must occur at a time that is reasonable for both the tenant and landlord, or their agent.

The general rules about not accessing the property during the restricted days and times also apply.

Safety

Smoke alarms

The landlord is responsible for making sure working smoke alarms are installed at the start of the tenancy.

A smoke alarm must be installed in each storey of the property, including in every corridor or hallway associated with a bedroom. If there is no corridor, a smoke alarm must be installed in every part of the property that divides a bedroom from the rest of the property.

The tenant is responsible for checking and replacing the battery in the smoke alarm.

Swimming pool fencing

There are safety standards in the ACT to ensure home swimming pools and spas have fences. Landlords must meet the safety standards by 1 May 2028.

Landlords must give tenants safety information for any pool at the property before a tenancy begins.

For units or townhouses, landlords must give tenants a unit title rental certificate before their tenancy begins.  The unit title rental certificate will have safety information about any pool on the common property.

Read more about home swimming pool safety.

Changing the locks

The landlord or tenant can change the locks for the property, if the other person consents. The person who changes the locks is responsible for the cost, unless both agree to share it. The person who changes the locks must give the other person a copy of the new key.

The tenant can change the locks if they are the protected person in a protection order. They can do it without the landlord’s consent and at their own cost. They must give a copy of the new key to the landlord, unless doing so would decrease their safety.

Subletting

Subletting is when a tenant allows someone else, who is not on the lease, to live in the property. This does not apply to a child, partner, or short-term guest staying at the property who doesn't pay rent.

A tenant needs written permission from the landlord to sublet a property. Without this permission, a sub-tenancy will not be legally valid, and the sub-tenant will have no legal rights in relation to the property.

If a tenant sublets a property, they become the head-tenant and the other person becomes the sub-tenant. The head-tenant must meet the rights and responsibilities of a landlord in relation to the sub-tenant.