Who can evict a tenant?

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The landlord or agent can serve a notice to vacate however, only the ACT Civil and Administrative Tribunal (ACAT) can order an eviction, and only the police can carry out the eviction.

An important protection given by the RTA is the prohibition in section 37 against a landlord attempting to recover possession in any other manner than that provided by the Act. Protection of sub-tenants.

The legislation not only protects tenants from unlawful eviction, but also extends protection to lawful sub-tenants. If the landlord has consented in writing to a sub-tenancy, then the sub-tenant is protected from unlawful eviction like any other tenant.

The law does not protect occupants or unapproved sub-tenants from eviction to the same degree. If you think you might fall into one of these categories, you should seek specific advice or see Occupancy Factsheet: Ending an Occupancy & Eviction.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au