TABLE OF CONTENTS
- Bond Refund Process by State
The bond claim/ refund process differs in each state, however, the core principles are standard across all states. All bond contributors must agree to how the bond will be refunded as well as the managing party (lessor or agent).
Either party can initiate a bond refund request and the responding party is given a set time frame to either agree with or dispute a claim.
For agents using the HO Rentals Support Service, the HO Rentals Team will initiate & respond to bond refund requests based on your instructions.
Bond Refund Process by State
Queensland
Bond Authority: Residential Tenancies Authority (RTA)
How to claim the bond
When a tenancy ends, a bond refund and any claims on the bond can be requested via RTA Web Services by submitting the appropriate form to the RTA. The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) outlines the rules for the refund of and any claims against rental bonds in Queensland.
Tenants/residents or property managers/owners can submit an online bond refund form via RTA Web Services or the paper Refund of rental bond (Form 4).
Evidence requirements for bond claims and disputes
The property manager/owner must provide supporting evidence to a tenant/resident when making a bond claim or disputing a bond refund request. This must be done within 14 days of the bond claim or dispute. Not providing supporting evidence to a tenant/resident when a claim or dispute is made against a bond is an offence.
Agreed refunds
If a tenant/resident and the property manager/owner agree about how the bond refund should be paid (including any claims):
- one party starts the refund process by completing the online bond refund form via RTA Web Services
- the other parties will receive an email notification and can then agree to a fast track refund via RTA Web Services.
Alternatively, everyone listed on the bond must sign the paper Refund of rental bond (Form 4) and submit it to the RTA, ensuring bank details are provided for all parties.
Disputed refunds
A disputed refund is when:
- not everyone agrees with the fast track bond refund request, and/or
- not everyone signs the same bond refund form, and/or
- there is no agreement about how the bond should be paid (including any claims).
When this occurs the RTA:
- releases any undisputed amounts
- holds any disputed amount/s, and
- sends a Notice of claim to the people who disagree with the request.
Parties that disagree with the bond refund request have 14 days to submit a Dispute resolutions request (Form 16) to the RTA. If they do not respond within 14 days, the bond is paid in full as directed by the first bond request. If they do respond and dispute the claim, the bond refund request will go through the RTA’s dispute resolution process.
For more information, please refer to the following webpage:
https://www.rta.qld.gov.au/refund
Victoria
Bond Authority - Residential Tenancies Bond Authority (RTBA)
How to claim the bond
Bonds are claimed using the RTBA website.
Rental providers must start a claim with the RTBA within 10 business days of the rental agreement ending, unless a renter initiates a claim first.
Agent initiated - Agreed refunds
Rental providers must be registered with the RTBA to start the claim. Usually, rental providers will only start the claim after everyone has agreed on how it should be repaid.
When the rental provider submits the claim, every renter on the bond receives an email notification with a link to review and accept the claim. Renters must accept the claim within 14 days or the claim will no longer be available to complete. The rental provider will have the option to restart the transaction with the previous details pre-filled.
Renters can request a change to the claim if they think something is wrong.
Once everyone has accepted, the RTBA will usually repay the bond within one business day.
Tenant Initiated refunds
Any renter with their name on the bond can start the bond claim themselves after the agreement ends. Renters must authenticate their identity with Service Victoria before they can start a claim.
The RTBA is required by law to give notice to all other parties on the bond and provide other parties with 14 days to contest the claim by making an application to VCAT or RDRV. If no party contests, the bond will be repaid as directed in the claim at the end of the 14-day period or sooner if all parties agree.
Disputed refunds
Making claims with a VCAT or RDRV order
When a party applies to VCAT or RDRV for the repayment of a bond, the body will provide a legally binding order which can be submitted to the RTBA. The RTBA will distribute the bond in accordance with the order.
An order is necessary when:
- There is a dispute on the distribution of the bond, or
- At least one party is not contactable
The person to whom an order is made out can submit a bond claim and enter their order number. The order will be checked and validated by the RTBA’s system. Once validated, the bond will be repaid in accordance with the order within one business day.
For more information, please refer to the following webpage:
Western Australia
Bond Authority: Bonds Administration, Department of Energy, Mines, Industry Regulation & Safety
How to claim the bond
Agents must use BondsOnline portal to submit a bond release.
Tenants use the paper-based application form
When claiming a bond the landlord/ agent must clearly list claims under the set categories. Once claimed, all bond contributors will receive a notification from BondsOnline & they will need to respond to the bond claim.
Agreed refunds
Once all bond contributors agree to the bond disposal request through the BondsOnline portal, all parties will be notified & the bond money will be released as per the agreed disposal.
A bond disposal can be cancelled & re-submitted by the agent, if parties have not yet agreed.
Disputed refunds
The bond release application will be automatically referred to the Commissioner for a decision if anyone on the bond:
- disputes the release application
- does not respond to the release application.
A notification from Bonds Administration will be sent to everyone. This lets them know the release application has been referred to the Commissioner determinations process.
Please refer to the following webpage for further information on bond disputes in WA:
https://www.consumerprotection.wa.gov.au/bond-disputes-residential-tenancies
Please refer to the following webpage for further information on bond release:
https://www.consumerprotection.wa.gov.au/releasing-bond
South Australia
Bond Authority: Consumer & Business Services (CBS)
Requesting a Refund
All tenants who have contributed to the bond and the managing party - eg the landlord, agent or organisation managing the rental property - must agree on the refund amount before any money can be released.
Once an agreement has been reached, either party can lodge a refund request through their Residential Bonds Online (RBO) account.
Settling a Bond Dispute
Please refer to the following webpage for information how to manage bond disputes:
https://www.cbs.sa.gov.au/sections/renting/bonds/settling-a-bond-dispute
For further information, please refer to the following webpage:
https://www.sa.gov.au/topics/housing/renting-and-letting/residential-bonds/bond-refunds
New South Wales
Bond Authority: NSW Fair Trading
Claiming the Bond
Claims for online bonds must be submitted through Rental Bonds Online (RBO). A landlord, agent or tenant can submit a claim for an online bond.
If the landlord/agent submits the claim first, the principal tenant will be sent a 14-day notice of claim by email and SMS. Co-tenants will receive copies of any notifications sent to the principal tenant, but they cannot log on to RBO or do any bond transactions.
Agreed Refunds
The principal tenant can then log on to RBO and view the claim details. If the tenant agrees to the claim, they can log on to RBO and agree for the bond to be refunded.
The bond will then be deposited as per the agreed bond claim. All refund payments are made by direct deposit to bank accounts. It is important that bank account and contact details are kept up-to-date.
Disputed Refunds
If the tenant does not agree with the claim, they are encouraged to discuss this with you. If an agreement cannot be reached, the tenant can opt to dispute the claim by applying to the NSW Civil and Administrative Tribunal (the Tribunal) and notifying Fair Trading of the dispute during the 14-day notice period.
Different Deduction Amount after Claim is Submitted
If you and the tenant agree to a different deduction amount during the notice period, Fair Trading will process the new claim on receiving evidence (in RBO) that both you and the tenant have agreed to the new amount.
Providing evidence to the tenant
If you lodge a claim relating to the condition of the premises without the tenant's signature, you must send copies of the following to the tenant within 7 days:
- the final condition report, and
- estimates, quotes, invoices or receipts for the work.
Send the documents to their forwarding address (if known) or the rented premises address. Copies of these documents also need to be sent to Housing NSW if that Department paid all or part of the bond. Failure to provide these documents within the time period required can lead to penalties being imposed, if you do not have a reasonable excuse.
Tasmania
Bond Authority: Rental Deposit Authority
How to claim the bond
An owner or agent must start a claim within three working days of the tenant returning the keys through the MyBond portal. The tenant will receive a claim notification from MyBond which can then be approved or disputed.
If the property owner or agent has not made a claim within 3 working days the tenant can apply to have their bond returned. If the owner or agent does not dispute the claim, the bond will be automatically paid to the tenant 14 days after it was claimed.
Agreed refunds
Once a claim is approved, or a dispute finalised, it may take 3 to 5 working days for the money to go into the recipient's bank account.
Disputed refunds
If the property owner or agent makes a claim the funds will not be released unless the tenant approves it. If the tenant does not approve the claim the matter will go to dispute.
Northern Territory
No Bond Authority
How to claim a bond
Landlords/agents in Northern Territory hold a tenant's bond. Within 7 business days of vacant possession, the landlord/agent must either:
- Return all of the tenant's bond; or
- Give the tenant a valid notice of intention to retain your bond (a bond notice).
A valid bond notice must:
- Include a statutory declaration attesting to the truth of the claim.
- If the claim is for cleaning or repairs, include evidence of the amount claimed (for example, quotes or invoices)
- Include a statutory declaration attesting that any attached documents relate to the amounts claimed in the notice.
NT Consumer Affairs have made a standard bond notice for landlords to use which complies with the above requirements – a Form RT08
Disputed refunds
If a tenant disagrees with the landlord or agent's reasons for keeping their bond, they can resolve the dispute by either:
- Negotiating directly with the landlord/agent; or
- Applying to NTCAT for the return of part or all of your bond. An application to NTCAT can only be brought after the tenant has received the bond notice or 7 business days after vacant possession.
Australian Capital Territory
Bond Authority: ACT Revenue Office
How to claim a bond
A request for a refund of a bond is usually made after the completion of a tenancy. Lessors, agents, and/or tenants can request the refund. Once the refund has been processed and released from the Rental Bonds Office, the refund is deposited into a nominated account/s.
Disputed Refunds
Disputes where a lessor or agent are claiming part or full bond
The Rental Bonds Office on application by either lessor or tenants will refer a dispute between lessor/agent and tenants to the ACT Civil and Administrative Tribunal (ACAT).
For further information, please refer to the following webpage:
https://www.revenue.act.gov.au/rental-bonds/how-to-request-a-bond-refund
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