Disposal of a bond
Information on releasing a security bond
At the end of a tenancy, bond money will only be paid out if:
- all tenants and the landlord agree;
- a court order is obtained from a magistrate for a residential tenancy agreement; or
- an order from the State Administrative Tribunal for a residential parks long-stay tenancy agreement.
Residential tenancy bond
Where a bond relates to a residential tenancy agreement, if there is no dispute over the condition of the property on handing it back to the landlord, or all parties have agreed how the bond money should be divided to pay for any costs for which the tenant may be liable at the end of the tenancy e.g. damage to the property a Joint Application for Disposal of Security Bond form must be signed by them and lodged with the Bond Administrator.
Residential parks long-stay tenancy bond
Where a bond relates to a residential parks long-stay tenancy agreement, if there is no dispute over the condition of the property on handing it back to the landlord, or all parties have agreed how the bond money should be divided to pay for any damage outstanding water charges or unpaid rent an application for disposal of the bond should be lodged with the Bond Administrator.
Important: Make sure the disposal form is filled in correctly before signing it. NEVER sign a blank or partially completed form
If a signature is missing - for whatever reason the Bond Administrator cannot legally pay out a bond.
If people cannot agree how the bond should be paid out or if there is a missing signature it will mean that a court order (residential tenancy) or tribunal order (residential parks long-stay tenancy) will be required. The Bond Administrator cannot hear arguments about who is right or who is wrong, or give consideration to special circumstances such as missing signatories.
Only a magistrate has the power to settle such matters in a residential tenancy matter or the State Administrative Tribunal in a residential parks long-stay tenancy matter. Further information: Can’t agree or having other problems.