Can my landlord evict me without going to ACAT in the ACT?
No, a landlord cannot physically evict you without going to the ACT Civil and Administrative Tribunal (ACAT). If you refuse to leave after receiving a notice to vacate, they must apply for an eviction order. Landlords cannot legally change locks or remove belongings themselves in the ACT.
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How it works in practice
The Legal Eviction Process
In the Australian Capital Territory, the eviction process is strictly regulated by law to protect tenants from unfair removal. A landlord cannot simply tell you to leave, change the locks, or physically remove your possessions. These actions are considered illegal evictions and carry severe legal penalties.
The Role of ACAT
If your landlord wants you to leave, they must first issue a formal Notice to Vacate outlining the legal grounds and providing the required notice period. If you choose not to vacate the property by the specified date, the tenancy does not automatically end, and the landlord still cannot force you out.
Instead, the landlord must apply to the ACT Civil and Administrative Tribunal (ACAT) for a Termination and Possession Order. ACAT will schedule a hearing where both parties can present their evidence. If ACAT grants the order, it will specify a date by which you must leave. If you still remain, only the police can enforce a warrant for eviction, never the landlord or real estate agent.
Important exceptions
While a landlord cannot evict you without an ACAT order, you are still legally bound by the terms of your tenancy agreement. If you receive a valid Notice to Vacate and choose to stay until the ACAT hearing, you must continue paying rent and maintaining the property.
Additionally, if you are living in crisis accommodation, emergency housing, or a transitional housing program, different rules may apply. These specific types of temporary housing can sometimes have alternative termination processes that do not require the standard ACAT eviction proceedings, depending on the specific housing provider's agreements.
What you should do now
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Check the validity of the Notice to Vacate to ensure it provides the correct legal grounds and notice period required in the ACT.
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Continue paying your rent on time and looking after the property to avoid giving the landlord additional reasons for eviction.
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Gather all relevant evidence, such as emails, rent receipts, and photographs, to build your case for the upcoming tribunal hearing.
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Contact the Tenants' Union ACT or Legal Aid ACT immediately to get free legal advice tailored to your specific eviction situation.
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Attend the scheduled ACAT hearing prepared to present your defense and explain why the termination order should not be granted.
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