onlytherent

Australian Capital Territory

The ACT’s hook is agreement: the tenant and landlord must agree how rent is paid before the tenancy starts, and arrangements are not changed unilaterally.

What the law requires

… agree on how to pay rent before the tenancy starts

Government guidanceACT Government · During a tenancy

The agreed terms also cover the rental amount, payment frequency and due dates.

The standard residential tenancy terms in Schedule 1 to the Residential Tenancies Act 1997 (ACT) put that in the agreement itself:

The tenant must pay the rent on time. … The tenant and the lessor may agree to change the way rent is paid (including, for example, whether it is to be paid into a nominated bank account or whether it is to be paid in person). … The tenant and lessor may agree that rent is to be paid electronically.

LegislationResidential Tenancies Act 1997 (ACT), Sch 1 cl 26, standard residential tenancy terms · current PDF

What cannot be charged

The ACT is the exception among the eight jurisdictions: no ACT-wide fee-free or convenience requirement was established, so a platform fee is not prohibited here the way it is in SA, VIC or TAS. What the standard terms do provide is a limit on what can be demanded:

The lessor must not require the tenant to pay rent by postdated cheque. … The lessor must not require an amount of rent paid in advance greater than 2 weeks or a longer period nominated by the tenant.

LegislationResidential Tenancies Act 1997 (ACT), Sch 1 cll 27 and 28 · current PDF

What methods must be offered

The method is a matter for the agreement, and changing it is also a matter for agreement. That is the difference between the ACT and the states: the live issue is not the menu of methods a lessor must offer, but whether the arrangement you agreed is the one being honoured.

What about inconvenient alternatives?

Legal argumentThere is no convenience standard to measure an awkward fee-free option against. The argument available in the ACT is contractual: the standard terms let the parties agree how rent is paid, and to change that by agreement, so a method imposed unilaterally departs from the terms rather than merely inconveniencing you.

Relevant legislation and guidance

How to dispute it

Start with the written request. If that fails, contact Access Canberra on 13 22 81, and the ACT Civil and Administrative Tribunal (ACAT).

Unresolved questions