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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 24 October 2017 at 16:46)
Part 8 Division 3
Division 3 Release of rental bonds
163   Claims for rental bonds
(1)  A claim may be made to the Secretary for the payment of a rental bond by:
(a)  the tenant or an agent of the tenant, or
(b)  the landlord or an agent of the landlord, or
(c)  jointly by the landlord and the tenant or agents for them.
(2)  A claim is to be made in the approved form.
(3)  A claim must not be made before the termination of a residential tenancy agreement unless:
(a)  it is made jointly by or on behalf of the landlord and all the tenants, or
(b)  it is made by or on behalf of the landlord and directs that the rental bond be paid to all the tenants, or
(c)  it is made by or on behalf of all the tenants and directs that the rental bond be paid to the landlord.
164   Claim notice to be given to other party
(1)  This section applies if a claim for the whole or part of a rental bond is made by a landlord or a tenant without the consent of all the other parties to a residential tenancy agreement.
(2)  The Secretary must give written notice of the claim to all of the other parties to the residential tenancy agreement as known to the Secretary.
(3)  A notice under this section may be addressed to one or more parties to the residential tenancy agreement.
(4)  The notice must also be given to the Secretary of the Department of Family and Community Services if the whole or part of the rental bond was paid by or on behalf of that Department.
(5)  The notice must state that the Secretary will pay the claim unless notified in writing by a party within 14 days that the claim is the subject of proceedings before the Tribunal or a court.
165   Notice to tenants of claims against tenants
(1)  A landlord, landlord’s agent or a person on behalf of a landlord who makes a claim for payment of a rental bond without the consent of the tenant must give the tenant:
(a)  a copy of a completed condition report about the residential premises at the end of the residential tenancy agreement, and
(b)  copies of any estimates, quotes, invoices or receipts for work for which the rental bond is claimed.
(2)  The documents must be provided within 7 days of the claim being made.
(3)  The documents must also be provided to the Secretary of the Department of Family and Community Services if the whole or part of the rental bond was paid by or on behalf of that Department.
(4)  A person who, without reasonable excuse, contravenes this section is guilty of an offence.
Maximum penalty: 20 penalty units.
166   Matters that may be subject of rental bond claim
(1)  A landlord is entitled to claim from the rental bond for the residential tenancy agreement any of the following:
(a)  the reasonable cost of repairs to, or the restoration of, the residential premises or goods leased with the premises, as a result of damage (other than fair wear and tear) caused by the tenant, an occupant or an invitee of the tenant,
(b)  any rent or other charges owing and payable under the residential tenancy agreement or this Act,
(c)  the reasonable cost of cleaning any part of the premises not left reasonably clean by the tenant, having regard to the condition of the premises at the commencement of the tenancy,
(d)  the reasonable cost of replacing locks or other security devices altered, removed or added by the tenant without the consent of the landlord,
(e)  any other amounts prescribed by the regulations.
(2)  This section does not limit the matters for which the landlord may claim from the rental bond for a residential tenancy agreement.
167   Payment where no dispute
The Secretary must pay the amount of a claim for rental bond if:
(a)  the claim is made jointly by or on behalf of the landlord and tenant, or
(b)  the claim is made by or on behalf of the landlord and directs the payment of an amount to the tenant, or
(c)  the claim is made by or on behalf of a tenant and directs the payment of an amount to the landlord, or
(d)  the claim is made by or on behalf of the landlord or the tenant for payment to the party by or on whose behalf the claim is made and the Tribunal or another party to the agreement fails to notify the Secretary of a dispute within the claim notice period.
168   Disputed rental bond claims
(1)  This section applies if the Secretary is notified in writing within the claim notice period or before payment of a claim for a rental bond that a claim for the payment of an amount of rental bond is the subject of proceedings before the Tribunal or a court.
(2)  The Secretary may pay the claim only in the following circumstances:
(a)  if the party who disputes the claim gives the Secretary written notice of the party’s consent to payment of the claim,
(b)  in accordance with an order of the Tribunal or court,
(c)  if any applicable order of the Tribunal or court has been satisfied,
(d)  if the proceedings are withdrawn.
(3)  If any applicable order of the Tribunal or a court has been wholly or partly satisfied before a claim for an amount of rental bond is paid, any amount of rental bond no longer required to satisfy the order must be paid to the party who would, but for the claim, be entitled to the amount.
(4)  The Secretary must not pay an amount of a claim until proceedings affecting the claim are finally determined if, before any amount is paid, the Secretary is given written notice of an appeal against a relevant decision of the Tribunal or a court.
(5)  A payment by the Secretary of an amount under this section in accordance with an order of the Tribunal or a court is for all purposes taken to be a payment by the person subject to the order.
169   Appeals may be made despite payment
A person may appeal against a decision of the Tribunal or a court affecting the payment of an amount of rental bond even though the Secretary has paid an amount of rental bond under this Division.
170   Payment to other persons
The Secretary may, if directed to do so by a person to whom a rental bond is payable, pay the whole or part of an amount of the rental bond to another person.
171   Payment to Secretary of the Department of Family and Community Services
Any amount of rental bond payable to a tenant under this Division is payable instead to the Secretary of the Department of Family and Community Services, to the extent that the amount of the bond was paid on behalf of the tenant by that Secretary or the New South Wales Land and Housing Corporation.
172   Secretary not required to pay excess amount
The Secretary is not required to pay an amount of rental bond under this Division to the extent that the amount claimed exceeds the amount of rental bond held by the Secretary for the particular residential tenancy agreement.
173   Payment of interest by Secretary on rental bond amounts
(1)  The Secretary must pay interest on an amount of rental bond paid if the regulations provide for the payment of interest.
(2)  The regulations may prescribe the rate and manner of payment of any such interest.
(3)  No other interest is payable on an amount of rental bond.
174   Repayment of bond to former co-tenant
(1)  This section applies if the tenancy of a co-tenant is terminated and the residential tenancy agreement continues in force in relation to one or more other co-tenants.
(2)  The remaining co-tenant or co-tenants must, within 14 days of a request by a former co-tenant, pay to the former co-tenant an amount equal to the rental bond (if any) paid by the former co-tenant for the residential tenancy agreement.
(3)  The remaining co-tenant or co-tenants may deduct from that amount any amount owed to them by the former co-tenant for rent or other reasonable costs associated with the residential premises.
(4)  If a final apprehended violence order is in force prohibiting a former co-tenant from having access to the residential premises, the remaining tenant or tenants are not required to pay the amount referred to in subsection (2) within the period required by that subsection.
(5)  A former co-tenant who is paid an amount in accordance with this section is not entitled to payment of any other amount of rental bond for the residential tenancy agreement.
(6)  This section does not apply if the liabilities of the former co-tenant under the residential tenancy agreement exceed the amount of rental bond paid by the former co-tenant.
175   Powers of Tribunal
(1)  The Tribunal may, on application by a landlord or tenant or any other person (including a former co-tenant) who has an interest in the payment of a rental bond, make an order as to the payment of the amount of the rental bond.
(2)  The Tribunal may make an order whether or not the amount of a rental bond has been paid by the Secretary.
(3)  An application for an order must be made within the period prescribed by the regulations.
176   Proof of deposit of bond
A certificate purporting to be a certificate given by the Secretary stating that no rental bond has been deposited with, or that no rental bond was or is held on deposit by, the Secretary in relation to a tenancy of specified residential premises during a specified period is admissible in any proceedings and is evidence of the matters stated, in the absence of evidence to the contrary.