Residential Tenancies Act 1997

This Act is the Residential Tenancies Act 1997.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘energy efficiency rating statement—see the Construction Occupations (Licensing) Act 2004, s 123AC’ means that the term ‘energy efficiency rating statement’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

This Act does not apply in relation to—

accommodation provided by a registered provider under the Aged Care Act 2024 (Cwlth); or

premises prescribed by regulation.

In recognition of the importance of stable and secure housing for people in the ACT community, the main objects of this Act are to—

define the rights and obligations of tenants and lessors under residential tenancy agreements; and

set out minimum contractual requirements for occupancy agreements; and

enable prospective tenants and occupants to make informed choices; and

ensure that parties to residential tenancy agreements and occupancy agreements can easily access suitable, low cost, informal and timely ways to enforce their rights under those agreements; and

protect parties to residential tenancy agreements and occupancy agreements from unfair practices; and

facilitate the availability of stable and secure housing in the ACT.

Part 1A Meaning of residential tenancy agreement

A person is a lessor if the person grants a right of occupation under a residential tenancy agreement.

Lessor includes a prospective lessor.

A person is a tenant if the person has a right of occupation under a residential tenancy agreement.

Tenant includes a prospective tenant.

A person is a co-tenant under a residential tenancy agreement if the person is 1 of 2 or more tenants under the agreement.

Note Section 35C sets out how a person can become a new co-tenant under an existing residential tenancy agreement.

An agreement is a residential tenancy agreement if—

under the agreement—

a person gives someone else (the tenant) a right to occupy stated premises; and

the premises are for the tenant to use as a home (whether or not together with other people); and

the right is given for value; and

the agreement is not an occupancy agreement under section 71C.

The agreement may be—

express or implied; or

in writing, oral, or partly in writing and partly oral.

The right to occupy may be—

exclusive or not exclusive; and

given with a right to use facilities, furniture or goods.

This section is subject to the following sections:

 section 6D (Certain kinds of agreements not residential tenancy agreements)

 section 6E (Certain people given right of occupation not tenants).

Despite section 6A (4), an agreement is a residential tenancy agreement if it—

complies with section 6A (1) to (3); and

is in writing; and

expressly states that it is a residential tenancy agreement.

Despite section 6A (4), an agreement mentioned in section 6A (1) to (3) is a residential tenancy agreement if the person who is given the right to occupy the premises occupies the premises as the person’s home under the terms and conditions of the person’s employment.