How do I end the tenancy – ACT & NT

Australian Capital Territory

When faced with a problematic tenant, a landlord is required to first serve a notice to remedy.

If the tenant does not act on it within seven days, then the landlord can move forward with a written notice to vacate.

If, however, the tenant has previously been issued two remedy notices, then a notice to vacate can be presented immediately.

There should be an adequate period of noticeand the document should indicate the legal grounds for termination as well as the premise behind these grounds.

If the tenant does not budge, then the landlord can apply for a termination and possession order from the tribunal.

Subsequently, the landlord can request a warrant for eviction.

Upon providing two days’ notice regarding the eviction, the authorities can then remove the tenant within a set period unless there are exceptional circumstances.

Northern Territory

In the Top-end, a landlord must first seek out a rental officer to apply for an order for the tenant to leave.

An order for eviction can be made concurrently, or at another time.

The rental officer then issues the order to the tenant and an affidavit of service is generated.

If the tenant does not vacate, the landlord must file an order for a writ of possession with the Supreme Court within six months.

This order should be supported by the affidavit of service for the eviction order and another confirming that the eviction order was disregarded.

The writ should then be issued to the sheriff, who would be granted the authority to remove the tenant and recover the property on behalf of the landlord.

In all cases, both parties will need to be prepared for the cost of asking the authorities to hear a case.

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Jason Gwerder
Monday, 1 March 2021

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