ACT Eviction Process: Notices to Vacate and the End of No-Cause Evictions

The Australian Capital Territory (ACT) has stringent rules governing how a landlord can end a residential tenancy. Following legislative amendments in 2023, "no-cause" evictions are banned in the ACT. Landlords can only evict tenants for specific, legally prescribed reasons.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Eviction laws are strictly enforced by ACAT. Always consult a qualified legal professional before issuing a Notice to Vacate. Information last verified: March 2026.

The End of "No-Cause" Evictions

Previously, landlords could end a periodic (month-to-month) tenancy simply by giving 26 weeks' notice without providing a reason. This is no longer legal.

Under the updated Residential Tenancies Act 1997, a landlord must always provide a valid statutory ground to issue a Notice to Vacate.

Valid Grounds and Notice Periods

A Notice to Vacate must be in writing, state the exact reason for the termination, and provide the correct notice period based on the specific ground.

1. Tenant Breach (e.g., Unpaid Rent)

If a tenant breaches the Standard Residential Tenancy Terms (such as falling into rent arrears):

• Notice Period: 14 Days.
• The landlord issues a Notice to Remedy or Vacate.
• If the breach is for unpaid rent, the tenant can stop the eviction simply by paying the outstanding arrears before the 14 days expire.

2. Landlord Intentions (No Tenant Fault)

If the tenant has not breached the lease, but the landlord needs the property back, they must use a specific statutory ground. Note: These cannot usually be used to end a fixed-term lease early.

• Selling the property: 8 weeks' notice.
• Landlord moving in (or immediate family): 8 weeks' notice.
• Significant renovations/demolition: 12 weeks' notice.

3. Emergency Evictions

• 24-Hour Notice: In extreme cases where the tenant has caused significant, intentional damage to the premises, or has assaulted (or threatened to assault) the landlord or an agent, the landlord can issue a 24-hour Notice to Vacate.

The ACAT Process: Standard Termination Orders

If the notice period expires and the tenant has not vacated the property, the landlord cannot force them out or change the locks. Self-help evictions are illegal and carry severe penalties.

Instead, the landlord must apply to the ACT Civil and Administrative Tribunal (ACAT) for a Termination and Possession Order.

1. Application: The landlord files an application with ACAT within strict timelines (e.g., within 10 days of a 24-hour notice expiring).
2. Hearing: Both parties attend a hearing. ACAT will scrutinize the validity of the Notice to Vacate, ensure the correct notice period was given, and verify the evidence supporting the ground for eviction.
3. Warrant for Eviction: If ACAT grants the Possession Order and the tenant still refuses to leave, ACAT will issue a Warrant for Eviction.
4. Police Enforcement: Only the police (often accompanied by a locksmith) are legally authorized to execute the Warrant for Eviction and physically remove the tenant.

How Landager Helps

Landager’s compliance engine tracks ACT's specific, prescribed reasons for lease termination. Whether you are generating an 8-week notice to sell or a 14-day notice for rent arrears, our templates guarantee you meet the exacting technical requirements expected by ACAT if a dispute arises.

Back to ACT Landlord-Tenant Laws Overview.