What is a no-fault eviction in the ACT?
No, no-fault evictions are no longer legal in the ACT. A no-fault eviction previously allowed landlords to remove tenants without a reason. Recent law changes mean landlords must now provide a legally valid and specific reason, such as selling the property, before asking you to leave.
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How it works in practice
Understanding No-Fault Evictions
A no-fault eviction, also known as a "no-cause" eviction, occurs when a landlord forces a tenant to vacate a rental property without providing any specific justification or citing a breach of the tenancy agreement. Historically, this allowed landlords to end rolling leases or decline to renew fixed-term leases simply by serving a standard notice to vacate.
Recent Legal Changes in the ACT
The Australian Capital Territory (ACT) legally abolished no-cause evictions to improve housing security for renters. Under the updated Residential Tenancies Act, landlords can no longer ask you to leave just because your lease term has expired or they prefer a new tenant. They must rely on specific statutory grounds to end a tenancy.
Valid Reasons for Eviction
Because no-fault evictions are banned, your landlord must provide a legitimate reason if they want you to move out. Legally permitted reasons include the landlord or their immediate family intending to move into the property, the property being put up for sale, or the requirement to complete significant renovations that cannot be done with a tenant living there.
Important exceptions
While landlords cannot evict you without a reason, they are still fully entitled to issue a "with-cause" termination notice if you breach your tenancy agreement. This remains a strict legal exception to the removal of no-cause evictions.
If you persistently fail to pay rent, cause intentional or malicious damage to the property, or significantly violate other lease terms, your landlord can legally evict you based on those specific faults.
Additionally, if the landlord has a valid reason, such as selling the premises, they must still provide you with the correct statutory notice period—often eight weeks—ensuring you have adequate legal protection and time to find alternative accommodation.
What you should do now
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Review your termination notice carefully to ensure the landlord has stated a legally valid reason for the eviction.
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Request documented evidence from your landlord, such as a statutory declaration, proving their stated reason for ending the tenancy.
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Continue paying your rent on time and maintaining the property to avoid giving the landlord a "with-cause" reason for eviction.
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Contact the Tenants' Union ACT or Legal Aid ACT immediately if you suspect the termination notice is invalid or retaliatory.
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Apply to the ACT Civil and Administrative Tribunal (ACAT) to officially challenge the eviction notice if you believe your rights have been violated.
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