Most articles about bond cleaning in Canberra tell you to clean everything to a spotless standard and hope for the best. That is not what the law requires, and knowing the difference can save you money and give you a much stronger position if your agent claims part of your bond.
This article explains what the Residential Tenancies Act 1997 (ACT) actually requires, what fair wear and tear covers, and where lease clauses can and cannot be enforced.
General information only. This is a plain English explanation of how ACT tenancy rules generally work, not legal advice. For help with your situation, contact the Tenants’ Union ACT or Legal Aid ACT.
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The standard is “substantially the same,” not “spotless”
Under the Residential Tenancies Act 1997 (ACT), a tenant must return the premises in substantially the same condition and level of cleanliness as at the beginning of the tenancy, with an allowance for fair wear and tear.
Legal Aid ACT’s tenancy guidance states the consequence directly: you cannot be made to improve the property beyond the condition in which it was delivered to you.
That single sentence is the most useful thing a Canberra renter can know at move-out. Your obligation is defined by your starting point, not by an agent’s preference or a lease template’s aspirations.
The Act also runs in the other direction. It requires a lessor to provide premises that are fit for habitation, reasonably clean, in a reasonable state of repair and reasonably secure at the start of the tenancy. The obligation is symmetrical.
Why the condition report is everything
In the ACT, your lessor must give you two signed copies of a condition report before you move in. You have 14 days to review it, add comments and corrections, and return a signed copy.
If you signed it without reading it, or never returned it, you have weakened your position considerably. That document is the agreed record of what you received, and at the final inspection it is the benchmark you are measured against.
Two practical points:
Do not sign a pre-filled report you disagree with. The ACT Revenue Office’s own condition report guidance tells tenants exactly this. Add your own comments instead.
Take dated photographs at move-in. They supplement the written report and are far harder to argue with.
If you are reading this at move-out and the report was never properly completed, all is not lost. Any evidence of the property’s starting condition helps, including photographs, emails and messages with the agent.
What counts as fair wear and tear
Fair wear and tear is deterioration that occurs through ordinary, reasonable use of the property for residential purposes. It is excluded from your obligation.
Legal Aid ACT’s guidance separates the two words usefully. “Fair” relates to the cause: did the damage happen through ordinary residential use? “Wear and tear” relates to the effect and severity.
Generally on the wear and tear side:
- Carpet worn in high traffic areas such as hallways
- Minor scuff marks on walls
- Sun fading of curtains, blinds and carpet
- Loose door handles and hinges from normal use
- Small nail holes from ordinary picture hanging, subject to your lease
- Ageing of fittings, paint and appliances over a long tenancy
Generally not wear and tear:
- Large stains or burns on carpet
- Holes in walls, doors or carpet
- Pet damage
- Mould from failing to ventilate
- Cracked or broken fixtures
- Heavy grease build-up from a lack of cleaning
The length of the tenancy matters. Carpet in its eighth year of life is expected to look different to carpet in its first, and a tribunal takes that into account (Explore our premium carpet cleaning services).
Can your lease require professional cleaning?
This is where Canberra renters most often get pushed further than the law requires.
A lease clause cannot lawfully impose an obligation more onerous than the Act. Where a clause purports to do so, it can be challenged.
For carpets specifically, the ACT position is clearer than most people realise. A lessor can require professional carpet cleaning at the end of a tenancy, but the ACT Civil and Administrative Tribunal has taken the position that such a clause is enforceable where the carpets were professionally cleaned before the tenancy began. The logic is straightforward and follows directly from the “substantially the same condition” standard: if the property was handed to you with professionally cleaned carpets, returning it in substantially the same condition means professionally cleaned carpets. If it was not, the clause is asking you to improve the property beyond what you received.
We cover this in full in our article on carpet cleaning requirements at end of lease in the ACT.
The same reasoning applies to blanket “professional clean required” clauses. The question a tribunal asks is not what the lease says in isolation, but whether the property is being returned in substantially the same condition it was provided in.
A practical caveat. Knowing that a clause may be unenforceable is not the same as wanting to argue about it during a house move. Many Canberra renters book a professional clean simply because it removes the risk and the argument, and that is a perfectly rational decision. Understanding the legal position just means you are choosing to do it, rather than being told you have no choice.
What a lessor can lawfully claim for
A lessor can claim against your bond for the reasonable cost of cleaning where the property has not been left in substantially the same state of cleanliness it was in at the start, having regard to the condition report and allowing for fair wear and tear.
They cannot lawfully claim to:
- Return the property to a better condition than you received it
- Cover ordinary wear and tear
- Prepare the property for the next tenant beyond your actual obligation
- Recover a cost they have not actually incurred or cannot evidence
If a claim is made, ask for it in writing with an itemised breakdown and supporting invoices. At ACAT, a lessor claiming against a bond must give the tenant and the tribunal a written list of claims specifying each deduction and its reason at least seven days before the conference.
Get the end-of-lease cleaning checklist for Canberra.
What happens if you disagree
The ACT process is more tenant-friendly than many renters realise, because the referral to the tribunal is automatic rather than something you have to initiate.
When a bond refund request is disputed, the other party has two weeks from notification to lodge a notice of dispute with ACT Rental Bonds. That notice must go to ACT Rental Bonds, not directly to ACAT or to the other party. If it is lodged in time, ACT Rental Bonds refers the matter to ACAT automatically.
Any undisputed portion of the bond is refunded at that point, so a disagreement about one item does not hold up the rest of your money.
ACAT then holds a conference, and a hearing follows if no agreement is reached. ACAT can be reached on (02) 6207 1740.
Frequently asked questions
Do I legally have to hire a bond cleaner in Canberra?
No. There is no legal requirement to hire a professional. Your obligation is to return the property in substantially the same condition and cleanliness as you received it, fair wear and tear excepted. How you achieve that is up to you.
My agent says the property must be “professionally cleaned.” Is that enforceable?
It depends on the condition the property was provided in and what your condition report records. A clause cannot lawfully require you to improve the property beyond its starting condition. Check your condition report and seek advice from the Tenants’ Union ACT if you are unsure.
What if the property was dirty when I moved in?
Then your obligation is measured against that. This is precisely why the condition report and move-in photographs matter so much.
Can they charge me for carpet cleaning if I did not have pets?
Possibly, depending on whether the carpets were professionally cleaned before your tenancy and what your lease and condition report say. Pets are relevant but not the only factor.
How much bond can be taken in the ACT?
The maximum is four weeks’ rent. Taking a bond is optional, but where one is taken it must be lodged with the ACT Revenue Office.
Where can I get free tenancy advice in Canberra?
The Tenants’ Union ACT and Legal Aid ACT both provide free tenancy assistance to ACT renters.