Defending an Eviction
This page outlines how to represent yourself in the ACT Civil and Administrative Tribunal to defend an eviction.
See the leaflet "Eviction in the ACT" for information about the steps a landlord must take in seeking to terminate a tenancy.
All tenancies in the ACT are regulated by the Residential Tenancies Act 1997 (RTA). The terms of your tenancy agreement are set out in the RTA and Standard Lease, and are known as the Standard Terms. References here are to sections in the RTA.
If a landlord wants a tenant to vacate the premises and the tenant does not do so, the RTA (s 36 - 39) requires the landlord to apply to the ACT Civil and Administrative Tribunal (ACAT) for an order to terminate the tenancy.
This order is called a Termination and Possession Order (TPO). There is no other lawful way a landlord can take possession of a property that you, the tenant, are still living in.
For full details on the following topics please click on the links below:
- Why am I being evicted?
- How long can I stay in the property?
- Defending eviction for breach: what is my defence?
- Non-breach eviction
- Retaliatory applications
- Submitting a defence
- What if I don't lodge a defence?
- Assembling your evidence
- What if I can't attend on the hearing day?
- What if the hearing goes ahead without me?
- Hearing procedures
- Warrant of eviction
- What if I disagree with the tribunal orders?
The above information is a summary of your rights and responsibilities. If you have a specific problem you should seek detailed advice.
Information supplied courtesy of the Tenants Union of ACT
Further information and advice for ACT tenants can be sourced from