The Justice and Community Safety Directorate is conducting a review of the Residential Tenancies Act 1997. The main purpose of the review is to ensure that the Act is operating effectively and that it continues to provide a fair balance between the rights of tenants and landlords.

The terms of reference address issues under four broad areas:

Fairness

- whether the Act maintains an appropriate balance between the rights of tenants and lessors

Sustainability

- the likely effects of mandating or providing incentives to lessors or tenants retrofitting sustainability measures
- whether the Act requires amending to remove any impediments to sustainability measures

Share house tenancies

- market issues in relation to share housing and whether the Act requires amending to provide a simple legal framework for share houses

Improvement in rental housing stock

- options to improve the standard of rental properties
- whether the Act or any other ACT laws require amending to lead to an improvement in the standard of rental housing stock.

The review will be undertaken within a human rights framework. That is, consideration will be given to the right to adequate housing as stated in article 11 of the International Covenant on Economic, Social and Cultural Rights.

Submissions closed on Friday 12 September 2014.

A discussion paper on current ACT residential tenancy issues is available Residential Tenancies Act Review Discussion Paper [PDF].
A second discussion paper on current ACT social housing residential tenancy issues is available Social Housing Paper [PDF].

Two public forums were held during the consultation period.

Report on the review

The report on the review of the Residential Tenancies Act 1997 is available at Report on the review of Residential Tenancies Act [PDF 3.86MB]. Issues raised during the review were wide ranging and include the content of lease agreement standard terms, smoke alarms, energy efficiency, share house arrangements and disadvantaged tenants. The report recommended amendments to the Residential Tenancies Act. 

The first stage of these amendments included measures to assist victims of domestic and family violence to change their tenancy arrangements, a more transparent bond claim and condition report process and measures to assist a lessor to deal with goods left by a tenant on the property at the end of a tenancy.  These amendments were passed on 4 August 2016 and are expected to commence within twelve months, with the measures regarding domestic and family violence commencing with the Family Violence Act 2016.

Submissions received during public consultation are available below. Submissions marked ‘confidential’ have not been published.

Submission - Residential Tenancies Act Review - A Spira [PDF 30KB]
Submission - Residential Tenancies Act Review - ACT Human Rights Commission [PDF 538KB]
Submission - Residential Tenancies Act Review - Anon [PDF 141KB]
Submission - Residential Tenancies Act Review - Anonymous [PDF 277KB]
Submission - Residential Tenancies Act Review - ANUSA [PDF 909KB]
Submission - Residential Tenancies Act Review - Australian Homeowners Party [PDF 379KB]
Submission - Residential Tenancies Act Review - B Musidlak [PDF 134KB]
Submission - Residential Tenancies Act Review - B Whyte [PDF 161KB]
Submission - Residential Tenancies Act Review - C Shettigara [PDF 8.6KB]
Submission - Residential Tenancies Act Review - C White [PDF 178KB]
Submission - Residential Tenancies Act Review - Canberra ASH [PDF 470KB]
Submission - Residential Tenancies Act Review - J Dignam [PDF 216KB]
Submission - Residential Tenancies Act Review - J Hyden [PDF 8.4KB]
Submission - Residential Tenancies Act Review - K O'Donnell [PDF 188KB]
Submission - Residential Tenancies Act Review - K Saunders [PDF 3.03MB]
Submission - Residential Tenancies Act Review - M Bennett [PDF 35KB]
Submission - Residential Tenancies Act Review - M Leahy [PDF 167KB]
Submission - Residential Tenancies Act Review - names withheld [PDF 374KB]
Submission - Residential Tenancies Act Review - T Henderson [PDF 68KB]
Submission - Residential Tenancies Act Review - Tenants' Union ACT [PDF 989KB]
Submission - Residential Tenancies Act Review - V Chambers [PDF 39KB]
Submission - Residential Tenancies Act Review - W Goff [PDF 146KB]
Submission - Residential Tenancies Act Review - Welfare Rights and Legal Centre [PDF 610KB]
Submission - Residential Tenancies Act Review - Youth Coalition of the ACT [PDF 425KB]