5 December 2022

Changes are coming to the current ACT residential tenancy legislation, the Residential Tenancies Act 1997 (the Act).

The Residential Tenancies Legislation Amendment Bill 2022 (the Bill) was introduced to the ACT Legislative Assembly on 30 November 2022.

The Bill proposed to:

• End no-cause evictions and introduce new ‘with cause’ termination provisions to support landlords to manage their properties

• Restrict solicited rent bidding

• Allow tenants greater freedom to grow their own food and compost

• Create a framework to support the introduction of minimum housing standards for rental properties.

The ACT Government has since confirmed that no-cause evictions will no longer be allowed under new residential tenancy legislation.

The ACT Government reports on the issue as follows:

Ending no cause evictions in the ACT

Released 30/11/2022

No cause evictions will be removed from tenancies agreements under the ACT Government’s new legislation, which strengthens and modernises residential property laws and gives Canberrans more security when renting a home.

In doing so, the ACT will be the first jurisdiction in Australia to remove all forms of tenancy termination without a cause.

“Canberrans should feel like their house is a home where they are safe, secure, and comfortable. They shouldn’t be evicted without a legitimate reason,” Attorney-General Shane Rattenbury said.

“We continue to experience difficult rental conditions in the ACT, with rising rents, renters struggling to find accommodation and to retain that accommodation. We have heard over a long period of time that landlords’ ability to terminate tenancies without cause has a profoundly negative impact on Canberrans renting in the ACT.

“No cause terminations mean renters can be evicted without having breached their tenancy agreement, or without being provided any reason whatsoever as to why their tenancy is being ended. Not only does this remove security for tenants, but it undermines their ability to assert their rights as a tenant generally.

“This has been a key promise of the ACT Greens for several years and I am pleased to be tabling the legislation that will end no cause evictions in the ACT. It will make a significant difference to the lives of Canberra renters to have security of tenure and to have confidence to assert their rights.”

The Bill ensures landlords retain reasonable options to end tenancies, such as when they wish to sell the property or move back in, or for failure to pay rent or damage of the property.

As well as removing no cause evictions, the Residential Tenancies Legislation Amendment Bill 2022 introduces additional reforms that support tenants in the ACT:

• prohibits solicited rent bidding

• allows tenants to compost and grow their own food,

• introduces amendments to support the future introduction of minimum energy efficiency standards for residential properties.

The ACT Government undertook significant consultation with the community on these reforms including two rounds of community consultation on the proposed reforms, through a Community Consultation Paper and a Public Exposure Draft Bill.

This initiative progresses a commitment of the Parliamentary Agreement of the 10th Legislative Assembly by the ACT Labor-Greens Government.

- Statement ends -

Shane Rattenbury, MLA | Media Releases