Changes to Residential Tenancy Laws (ACT)
During 2024 and 2025, a number of changes to the ACT’s residential tenancy laws came into effect. The changes aimed to make the rental system fairer for renters. They included limiting the frequency of rent increases and allowing tenants to terminate leases in situations of domestic violence. This page outlines how ACT residential tenancy law has changed.
Legislation
The changes have been made to the Residential Tenancies Act 1997.
Rent increases
One of the most significant changes is that there are now strict laws on how often and under what circumstances the rate of rent to be paid for a property may be increased.
Under section 64AAA of the Residential Tenancies Act, rent may now only be increased after a lease has been on foot for 12 months. Rent may only be increased again once at least 12 months have passed since the last increase.
Domestic violence
Tenants who are victims of domestic violence can end their lease at any time without paying a lease break fee.
This can be done by providing the landlord with a family violence termination notice and one document as evidence that the person is experiencing family violence – for example, a court order or a statutory declaration.
Break lease fee clauses
All fixed-term tenancy agreements must now include a clause setting out the break-lease fee. Under section 89A, if a tenant ends a lease before the end of a fixed term, the lessor may require them to pay a lease break fee.
If the lease is for three years or lease, the fee may be:
- six weeks rent if less than half of the fixed term has passed; or
- four weeks in any other case.
If the lease is for more than three years, the fee will be the amount agreed between the parties.
If the lessor finds a new tenant, the amount of the lease break fee payable by the old tenant will be reduced by the amount of rent that has been recovered.
New disclosure requirements
When a person rents a unit or townhouse, they must be given a unit title rental certificate containing the following information:
- the owners’ corporation rules
- safety information if there is a pool in the common area
- whether there is an embedded electricity network
- whether occupants are able to choose their service providers for utilities
- whether the property has ceiling insulation.
An owners’ corporation must provide a unit title rental certificate within 14 days of an owner making a request.
New disclosure requirements
When a person advertises a property for rent, or leases a property, and the property is part of an embedded network, the lessor must now disclose that the property is part of an embedded network and what services this includes.
An embedded network is an electricity network that is separate from the main grid and operated by a private entity.
When a person leases out a property, they must disclose:
- safety information about any pools on the property; and
- a unit title rental certificate if the property is a unit or townhouse.
Standard terms
The standard terms that must be included in all residential rental agreements have changed to reflect these changes to the Act.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.