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Eviction factsheet

An eviction is the legal act of ending a tenancy and repossessing the property.

Housing ACT only evicts tenants as a last resort. This means that we will seek to work with tenants first to resolve tenancy issues before we pursue eviction.

The most common reason for eviction is failure to pay rent. Evictions may also occur when a tenancy agreement is breached for the following reasons:

  • anti-social behaviour
  • damage to the property.

What happens if I fall behind with my rent payments?

Rental debt is a serious matter as it is a breach of the tenancy agreement.

Anyone who has concerns about their ability to pay their rent or falls behind in their rent payments should contact their Housing Manager. We will help tenants to access financial advice and make arrangements to repay rental debt.

If a tenant does not contact Housing ACT or make arrangements to pay rental debt, we may make an application to the ACT Civil and Administrative Tribunal (ACAT) seeking eviction and recovery of the debt.

See our rent and debt payments page for details on how to pay your rent and any debt you owe.

What happens in the ACT Civil and Administrative Tribunal?

Housing ACT will present its case to the Tribunal.

You will be able to present your case. You can represent yourself in the Tribunal or be represented by a legal representative (see more about legal below).

What happens if the Tribunal decides to evict me?

If the Tribunal decides that you will be evicted, a Warrant for Eviction will be granted. This means that Housing ACT and the Police will repossess the property on a specified date.

You will be notified of the date of eviction and be given time to remove personal belongings and furniture. The Police will be there to ensure that the law is obeyed.

What if I am evicted with a debt owing?

You will have to repay any debt owing to Housing ACT when your tenancy ends.

If you owe money to Housing ACT when your tenancy ends, you will not be able to access a public housing property in the ACT unless you have repaid all the money you owe, or discretion is applied.

What help is available?

You can seek independent legal advice from Canberra Community Law. You can contact them on 02 6218 7900.

Further information

For more information, contact your housing manager on 1800 950 255.