Residential Tenancies Endorsements
Authorising Law: Residential Tenancies Act 1997
The Role of ACAT
Applications can be made to the ACAT under section 10 of the Residential Tenancies Act 1997, for endorsement of inconsistent terms in a new lease.
- The Prescribed Terms Schedule is set out at the end of the Residential Tenancies Act 1997 and provides the 100 standard terms that should be included in all leases in the ACT. Inclusion of terms inconsistent with the standard terms may require endorsement by the ACAT.
- A term that is inconsistent with the Act (other than the 100 standard terms) must not be endorsed.
- There must be agreement between the parties of the inclusion of inconsistent terms into the lease.
- Where the ACAT has not endorsed an inconsistent term, it cannot be relied upon in any hearing before the ACAT.
Before lodging an application with the ACAT:
You should refer to the Prescribed Terms Schedule as set out at the end of the Residential Tenancies Act 1997 which sets out the 100 standard terms that must be included in any hearing before the ACAT.
Only clauses that do not appear in this Schedule and are inconsistent need to come to ACAT for endorsement.
The ACAT has provided further guidance for Tribunal users in this area through a Direction of 29 April 2009, relating to pet clauses, non-smoking clauses and maintenance of premises and carpet cleaning.
The Office of Regulatory Services, Office of Rental Bonds has published information which may be of assistance:
The Renting Book - A Guide to your Rights and Responsibilities as a Tenant, Property Owner or Real Estate Agent, which provides information for parties about the Residential Tenancies Act 1997.
You could also seek advice about your matter before proceeding with an application to the ACAT. Please look at Legal Advice Assistance.
Who can lodge an application with ACAT
An Application for Endorsement must be agreed to and signed by the lessor/s (or their agent) and tenant/s. Either the lessor or tenant can lodge the application with the ACAT.
If the parties are represented by somebody other than a lawyer, then they must be authorised in accordance with the ACAT's Procedural Directions 2010. If the application is filed by the representative, their authorisation should be provided at the time the application is filed.
How to lodge an application with ACAT
An application under the Residential Tenancies Act 1997 can be made by completing and filing the Application for Endorsement form with the ACAT Registry.
Applications can be filed with the ACAT by post, over the counter or by email to: ACAT.RT.Endorsements@act.gov.au.
The following must accompany the Application for Endorsement:
- A copy of the Residential Tenancy Agreement; and
- The Pro Forma for Endorsement setting out the parties names and proposed additional clause(s).
An Application for Endorsement must be agreed to and signed by both the lessor/s and tenant/s. Any evidence indicating fraud or undue influence in gaining agreement to the inconsistent terms may render the application void.
There are no fees for an Application for Endorsement.
Contact the ACAT for further information. Please note that Tribunal staff cannot give legal advice.