The process for bond and returning the bond at the end of the tenancy is different for each state and territory.
The bond is usually held by a state bond authority and at the end of the tenancy, can be applied for using a form or online application process after the tenants have vacated the property and handed over the keys.
Generally, both the owner and tenants need to sign off on the return of the bond, to ensure that neither party are left at a disadvantage.
For example, if an owner attempts to claim an amount of the bond that is considered unwarranted by the tenants, or the tenants attempt to claim back the bond even though they have left damage.
Here are the processes in each state/territory:
New South Wales (NSW)
- If the bond was lodged online using Rental Bonds Online (RBO) either tenant or owner can log in to begin the bond refund process. Tenant login or owner login.
- If your bond was not lodged online you can print and fill out the Claim for Refund of Bond Money form. You can't use the paper form if your bond was lodged on the RBO.
- If there is a dispute over the amount of bond to be returned to the tenant, the tenant can lodge a separate Claim for Refund of Bond Money form without the owner's signature. The owner will then be issued a Notice to Claim and will have 14 days in which to contest or agree with your claim.
- If an agreement is not made, the owner can apply to the NSW Civil and Administrative Tribunal (the Tribunal) for a hearing to contest the tenant claim.
• The Joint Application for Disposal of Security Bond needs to be completed online, printed and signed by the landlord and all tenants and then sent to the Bond Administrator by email or post (details on the form).
• In the form the amount to be returned to the tenant and the amount to be claimed by the landlord can be stipulated if damage etc. needs to be covered.
• The tenant or owner can go to the RTBA website to access their unique Bond Claim Form to download.
• Follow instructions to claim/refund the bond in Vic
• If it is agreed the owner will claim a portion of the bond to cover damage etc. this amount can be stipulated in the Bond Claim Form.
• Processing takes 2-3 business days once received and the money will be returned by EFT.
• If the bond was lodged on Residential Bonds Online (RBO)
• If the bond was not lodged on the RBO website you can print and complete the bond lodgement form and return to the Consumer and Business Services (details on the form).
• The bond can be returned by EFT (use this form) or cheque.
• If there is a dispute over the amount of bond to be returned/claimed by the owner registered users can dispute this through the RBO.
If a dispute claim is made, the other party will be notified so they can respond.
If the dispute cannot be settled or the evidence isn't sufficient the case may be referred to the South Australian Civil & Administrative Tribunal (SACAT).
• Bond refund claims are made to the RTA using the Refund of Rental Bond (form 4).
On the form each tenant and the owner's details are completed along with the amount to be returned to each.
• Each person inputs the bank details they would like to receive the bond refund into.
• The form can be lodged online or by post to the RTA (details on the form)
• If there are missing signatures the RTA will send a Notice to Claim to the individuals who didn't sign and they will have 14 days to dispute the bond claim details. Disputes are managed by the RTA (more info).
• The NT is a little bit different in that the bond is held by the landlord/agent for the duration of the tenancy rather than an independent bond authority.
• At the end of the tenancy the owner must refund the bond within 7 business days of the tenants vacating the property.
• If the owner is withholding part/all of the bond for damages or unpaid rent etc. they must advise the tenant within 7 business days of vacating the property.
• If the tenant does not agree with the landlord's reason for withholding bond they should discuss this directly with the landlord first and if it's unable to be resolved call Consumer Affairs on 1800 019 319.
• Applications to resolve tenancy disputes can be made to Northern Territory Civil and Administrative Tribunal (NTCAT)
• The owner must provide the tenants with a signed Bond Claim form within 3 business days of the tenancy ending.
• If the owner is claiming any part of the bond they must enter the amount before giving to the tenants to sign as well as provide a notice outlining the reason for the claim.
• The bond claim form can be lodged at any Service Tasmania shop or by posting/faxing to: Rental Deposit Authority, PO Box 56, Rosny Park TAS 7018
Fax: 1300 737 487
• Bond will be paid out to each individual on the form's nominated bank account.
• If there is a dispute over the bond or if the tenants haven't signed the bond claim form the RDA will automatically start the dispute process.
Saturday, 2 March 2019