Releasing or claiming a bond (Bond disposal)

 

Bond disposal payment change

In order to speed up the receipt of funds and reduce costs for all parties, it is no longer a standard option to seek payment of a security bond disposal by cheque. The ‘Joint Application for Disposal of Security Bond’ now provides for disposal of a security bond by electronic funds transfer only.

The Bonds Administration branch relocation

The Bonds Administration branch is moving to the Mason Bird Building 303 Sevenoaks Street Cannington on 23 July 2016.  

After the move, Bonds will still be able to  be lodged at any of the Consumer Protection's offices.  Urgent refunds of bonds, however, will only be available from the Cannington office.  All other offices will accept bonds forms which will be forwarded to Cannington for processing.

More information is available from our Some areas of Commerce will be moving page. 

At the end of a tenancy, bond money will only be paid out if:

  • all tenants and the lessor agree;  
  • a court order is obtained from a magistrate for a residential tenancy agreement; or 
  • an order is obtained from the State Administrative Tribunal for a residential parks long-stay tenancy agreement.

Lodging a release or claim of a bond

Private lessors/landlords

Joint Application for Disposal of Security Bond form must be signed by the lessor and tenant and submitted to the Bond Administrator by post, email or in person.  Please note, this form is not to be used by agents. 

Real estate agents and property managers

From 1 September 2016, a licensed real estate agent will be required request disposal of a security bond via the BondsOnline system as an eTransaction.

Completing the form

The form should be completed and signed by both parties when there is no dispute over the condition of the property on handing it back to the lessor 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 for example damage to the property or outstanding water usage charges.  While the bond may be used for unpaid rent, it is against the law to leave some rent unpaid at the end of the tenancy in the belief the lessor will just take the amount owing from the bond.  

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.

Disputes

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 is on the disputes about bonds page.  

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