The Residential Tenancies Act 1997 (ACT): a guide for renters

What the Act covers

The Residential Tenancies Act 1997 is the ACT law “relating to residential tenancies and occupancy agreements”. It applies when someone gives you a right to occupy premises as your home, for value (usually rent), whether the agreement is written, spoken or both (section 6A). It doesn’t apply to holiday stays, aged care accommodation, or occupying a home under a mortgage or a sale (sections 4 and 6D–6E).

The Act’s stated objects (section 4A) start “in recognition of the importance of stable and secure housing”. They include setting out tenants’ and lessors’ rights and obligations, giving low-cost and timely ways to enforce them, and protecting both sides from unfair practices.

The Act is administered by the Attorney-General through the Justice and Community Safety Directorate. Disputes under it go to ACAT.

How the Act is organised

The Act is divided into parts. Section numbers have gaps because repealed sections aren’t renumbered.

Part	Heading and our guide	Sections
1 and 1A	Preliminary; meaning of residential tenancy agreement	1–7
2	Residential tenancy agreements: terms, information before signing, minimum housing standards (Your lease, insulation standard)	8–19C
3	Bonds (Rental bonds)	20–35
3A	Co-tenancies (Share houses)	35A–35G
4	Termination of residential tenancy agreements (Ending a tenancy, breaking a lease)	36–64AD
5	Rental rate increases (Rent increases)	64AE–71AAA
5AA	Lessor’s consent in certain matters (modifications and animals) (Modifications, pets)	71AA–71AG
5A	Occupancy agreements (Occupancy agreements)	71A–71F
5B	Residential parks	71H–71O
6	Resolution of residential tenancy and occupancy disputes (ACAT)	72–86
7	Residential tenancy databases	87–101
8	Registration of standard guarantee contract for commercial guarantee	102–106
9	Miscellaneous	126–136

After the parts come Schedule 1, Schedule 2, the Dictionary (definitions) and the endnotes, which record every amendment.

Schedule 1: the standard residential tenancy terms

Every ACT residential tenancy agreement is taken to contain the standard residential tenancy terms in Schedule 1 (section 8). They’re usually called “clauses” or “standard terms” with a number, such as clause 89A for the break lease fee. Schedule 1 runs from clause 1 to clause 100 under topic headings:

Clauses	What they cover	Our guide
1–13	Complying with the agreement, costs of setting it up, the Renting Book	Your lease
14–23A	Bond and condition reports	Rental bonds, moving out
24–53	Rent and other charges, rent increases, lessor’s and tenant’s costs, metered services	Paying rent, utilities
53A	Smoke alarms
54–62A	Repairs, urgent repairs and minimum housing standards	Repairs, mould
63–74B	Looking after the premises, body corporate rules, alterations, co-tenants, animals	Body corporate, pets
75–82	Lessor’s access, routine inspections, access for buyers and repairs	Inspections and access
83–100	Notices to vacate, unfit premises, ending the tenancy, break lease fee, addresses for service	Ending a tenancy, breaking a lease

Two rules make the standard terms hard to get around:

• Inconsistent terms are void. A lease term that conflicts with a standard term is void unless ACAT has endorsed it, and a term that conflicts with the Act itself is always void (section 9).
• No contracting out. Neither party can contract out of the agreement or the Act, except as the Act allows (clause 3).

A fixed-term lease takes the standard terms as they were on the day you entered into it. A periodic agreement takes them as they are from time to time (section 8(1)(a)). Changes to the Act itself that affect how the standard terms work also apply to fixed-term leases (section 8(2)).

Schedule 2: extra terms for some leases

Schedule 2 adds terms that apply only in some tenancies (section 8(1)(b)–(f)):

Section	Terms	When they apply
2.1	Posting termination clauses (clauses 102, 102A)	Only if you and your lessor agree to include them
2.2	Community housing provider termination clause (103)	A community housing provider leasing premises owned by someone else
2.3	Public housing termination clauses (104–106)	Housing ACT tenancies
2.4	Temporary housing assistance termination clauses (106A, 107)	Housing ACT tenants on temporary assistance
2.5	Subsidised accommodation clauses (108–112)	Some community and government-funded housing

The Residential Tenancies Regulation 1998

The Regulation (SL1998-17) sits under the Act and fills in details. Its current version on 5 November 2026 was republication R16, in force since 23 February 2026. It covers:

• General matters (Part 2): the information an ad must include, swimming pool disclosure, smoke alarms, the time to deposit a bond, how termination notices are served (section 5), and the rent increase threshold (section 5A), which the rent increase calculator applies.
• Ceiling insulation (Part 3): the first minimum housing standard. See the insulation standard guide.
• Family violence (Part 4): who can make a competent person declaration for a family violence termination notice.

Recent changes to the Act

The Act has been amended many times since 1997. These are the amendments that have started since December 2024, from the register’s law history:

Commenced	Amending law	Republication
10 December 2024 and 9 January 2025	Housing and Consumer Affairs Legislation Amendment Act 2024 (A2024-29)	R78, R79
27 February 2025	Justice and Community Safety Legislation Amendment Act 2025 (A2025-2), part 7	R80
2 April 2025	Transitional provisions for the 2023 reforms expired	R81
12 October and 1 November 2025	Justice and Community Safety Legislation Amendment Act 2025 (No 3) (A2025-22)	R82, R83
26 November 2025	Statute Law Amendment Act 2025 (A2025-29)	R84 (current on 5 November 2026)

What those changes mean for tenants, and the earlier ones back to 2017, are in our ACT renting law changes timeline.

Changes not yet in force

On 5 November 2026 the register linked two bills as proposed amendments to the Act:

• Housing and Consumer Affairs Legislation Amendment Bill 2026. Passed by the Legislative Assembly on 29 October 2026 and awaiting notification. As presented, its renting changes deal with moving rental homes off gas: who pays to connect and disconnect gas, gas failure as an urgent repair, and rent reductions when gas appliances are removed. As presented, those changes start on a day the Minister fixes, or automatically a year after the Act is notified.
• Family, Personal and Sexual Violence Legislation Amendment Bill 2025. Before the Assembly since 3 December 2025. It would change the family violence termination provisions.

Neither is law yet. Check the register for the current position before relying on either.

How to read the current version

1. Go to the Act’s page on the ACT Legislation Register: legislation.act.gov.au/a/1997-84/.
2. On the Current law tab, the top row is the version in force. Choose HTML to read it online, or PDF or Word to download it. The cover page shows the republication number and the date it took effect.
3. To see the law at an earlier date, such as when you signed your lease, use the Point-in-time versions tab and enter the date.
4. The Law history tab lists every amending law and when it started. Bills that would change the Act appear as notes on the Current law tab.
5. The Regulation has its own page: legislation.act.gov.au/sl/1998-17/.

Forms under the Act, such as bond forms, are on the ACT Revenue Office’s website, not the register.

The ACT Government’s Renting Book explains the Act and Regulation for tenants and lessors, and reflects the law as at January 2026. Clause 13 of the standard terms deals with giving it to tenants. For advice on how the law applies to you, see free tenancy advice.