ACT Pre-contractual Obligations for Landlords and Tenants

Landlords and tenants have a number of obligations they must fulfil before entering a tenancy agreement. These include providing contact details and a written tenancy agreement.

This guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a Residential Tenancy. This applies to the majority of share accommodation and residential property rental situations. To confirm it covers your situation visit What is my share accommodation situation?

What does the landlord need to do before entering an agreement?

Give tenant a copy of proposed tenancy agreement
The landlord must give the tenant a copy of the proposed tenancy agreement. A copy of the standard residential tenancy terms must also be given to the tenant with the agreement.

The landlord must give the tenant a reasonable period of time to read and consider the terms of the proposed agreement before signing it.

Provide tenant with certain information
The landlord must inform the tenant of the following information before they enter the premises:

  • the landlord’s full name
  • address for service on the landlord
  • address for contacting the landlord
  • a copy of an asbestos assessment report for the premises if it can be reasonably obtained
  • if there is not an asbestos assessment report, an asbestos advice must be provided instead

Although not required by law, it is good practice for the landlord to also give other contact details to the tenant including:

  • mobile phone number
  • email address
  • home phone number

Energy Efficiency Ratings information
The landlord must provide the tenant with a copy of an energy efficiency rating statement for all parts of the premises that will be used by the tenant.

The landlord must also include an energy efficiency rating statement as part of any advertisement for the rented premises.

What does the tenant need to do before entering an agreement?

The tenant is required to give their full name to the landlord before entering a tenancy agreement.

Although not required by law, it is good practice for the tenant to also provide additional contact details including:

  • mobile phone number
  • email address
  • home phone number
  • work address and/or phone number

What does an agent need to do before an agreement is entered into by the landlord and tenant?

If either the landlord or tenant use an agent, the agent must provide the other party with the following information before the tenancy agreement is entered into:

  • the agent’s full name
  • a statement that they are an agent for the other party
  • if the agent is a company—the name of the company employee responsible for managing the lease

Although not required by law, it is also good practice for the agent to give the other party the following information:

  • mobile phone number
  • contact address
  • relevant email address

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These legal guides provide a brief summary and introduction of the laws and regulations affecting share accommodation. They do not cover all cases in all legal jurisdictions and might not apply in your specific share accommodation situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Acts. We do not accept any liability that may arise from the use of this information.