Termination of standard residential tenancies by tenant — Australian Capital Territory

Adapted from content authored by Stephanie Lynch, Partner, Meyer Vandenberg Lawyers and Christine Murray, Managing Partner, Meyer Vandenberg Lawyers (ACT). Updated by LexisNexis Legal Writer team.

Termination of residential tenancy agreements heavily regulated

Termination of residential tenancy agreements (tenancy agreements) is governed by the Residential Tenancies Act 1997 (ACT) (Act).

Despite any act or law to the contrary, tenancy agreements can only be terminated in the circumstances set out in s 36, which include:

• if a fixed term agreement ends and the tenant vacates the premises on or after the end of the agreement;
• if a party serves a termination notice in accordance with the standard residential tenancy terms and the tenant vacates the premises in accordance with the notice;
• if a tenant terminates an agreement under the Act because the tenant has accepted aged care or social housing accommodation;
• if the ACT Civil and Administrative Tribunal (ACAT) terminates an agreement under the Act;
• if the ACAT makes a termination and possession order in relation to the premises that are the subject of the agreement under the Act;
• if the tenant abandons the premises that are the subject of the agreement;
• if a beneficiary of a deceased lessor, or a mortgagee in possession, terminates the agreement;
• if the tenant and lessor agree in writing to terminate the agreement and the tenant vacates the premises in accordance with the agreement to terminate;