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.

What does a landlord need to do when advertising a property?

State whether or not the property meets the minimum ceiling insulation standard

From 1 April 2023, landlords must indicate in any rental advertisements whether their property meets the new minimum efficiency standard for ceiling insulation.

Renters and prospective renters will have the right to request and be provided by landlords with information on the property’s compliance. It is the landlord’s responsibility to have the required documentary evidence that shows if their rental property meets the minimum standard or has a valid exemption.

It’s recommended that landlords should include one of the following statements in their advertisement:

• “The property complies with the minimum ceiling insulation standard”;
• “The property does not comply with the minimum ceiling insulation standard” or
• “The property has a valid exemption and is not required to comply with the minimum ceiling insulation standard.”

For further information about the ceiling insulation standard, including FAQs and factsheets for landlords, visit the ACT Government’s webpage

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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