ACT Lease Requirements: Standard Terms and Prohibited Clauses

Unlike some jurisdictions where landlord and tenant are free to draft a lease from scratch, residential leases in the Australian Capital Territory (ACT) are pre-built by the government. The Standard Residential Tenancy Terms are the foundation of every rental agreement in the territory.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always use officially sanctioned lease forms or consult the ACT Revenue Office. Information last verified: March 2026.

The Standard Residential Tenancy Terms

Schedule 1 of the Residential Tenancies Act 1997 contains the Standard Residential Tenancy Terms. These terms automatically apply to all residential tenancies in the ACT, regardless of whether they are written in a formal lease or if the agreement was made orally.

The standard terms clearly define the rights and obligations of both lessors (landlords) and tenants, covering everything from repair timelines to inspection access.

(Note: The ACT Government periodically updates these terms; new agreements entered into from December 2024 must incorporate the most recently updated Standard Terms).

Adding Special Conditions

Landlords frequently need to add "Special Conditions" to a lease (e.g., specifying that gardens must be watered, or designating a 'no smoking' area on the balcony).

In the ACT, while you can add special conditions, they must not modify or contradict the Standard Residential Tenancy Terms.

• If a special condition is deemed inconsistent with the standard terms, the standard terms prevail, and the special condition is void.
• If a landlord wishes to implement a special condition that does contradict a standard term, they must apply to the ACT Civil and Administrative Tribunal (ACAT) for an endorsement before the lease is signed. ACAT will only approve it if it avoids significant hardship.

Rent Payment Methods

The Standard Terms outline specific rules regarding how a landlord collects rent:

• No Holding Deposits: Landlords in the ACT are strictly prohibited from demanding "holding deposits" to take a property off the market while processing an application.
• Fee-Free Option: Landlords must offer at least one rent payment method that does not incur a fee for the tenant (e.g., standard direct deposit or BPAY). They cannot force a tenant to use a third-party app that charges a convenience fee without providing a free alternative.
• No Post-Dated Cheques: Landlords cannot require tenants to provide a series of post-dated cheques to cover future rent.

Assignment and Subletting

ACT tenants cannot fundamentally assign the lease or sublet the property without the written consent of the landlord. However, under the standard terms, the landlord must not unreasonably withhold this consent. If a tenant feels consent is being unreasonably withheld, they can apply to ACAT for an order permitting the sublet.

Pets

The ACT has specific, tenant-friendly laws regarding pets:

• A tenant must seek the landlord's written permission to keep a pet.
• However, a landlord cannot refuse permission without reasonable grounds.
• To refuse, the landlord must apply to ACAT within 14 days of receiving the pet request and prove that the property is unsuitable, or the pet would cause a public health issue. If the landlord does not apply to ACAT within 14 days, permission is deemed to have been granted. Note: Landlords cannot charge an extra "pet bond."

How Landager Helps

Using outdated lease templates found online is a massive liability in the ACT. Landager uses the official, up-to-date Standard Residential Tenancy Terms mandated by the ACT Government. We allow you to seamlessly inject ACAT-compliant special conditions without risking the foundational legality of your tenancy agreement.

Back to ACT Landlord-Tenant Laws Overview.