Claim on Bond by Landlord/Agent
If the landlord/agent wants to make a claim for the bond without your agreement, they must give you:
- a copy of the condition report completed at the end of the tenancy agreement
copies of estimates, quotes, invoices or receipts for work for which they are making the claim.
They must provide these to you within 7 days of making the claim. NSWFT will give you written notice that the landlord/ agent has made the claim.
To dispute their claim, you must:
- apply to the CTTT for an order to pay all or part of the bond to you (within 14 days of receiving the claim notice – use the ‘Rental Bond Application’ form from the CTTT)
- give written notice to NSWFT that you have made the application so that the bond is not paid out until the CTTT makes a decision. The CTTT will decide how the bond is to be paid out.
Even if NSWFT has paid the landlord’s claim, you can still apply to the CTTT for a refund of all or part of the bond. You must apply within 6 months after the bond
is paid out. What the landlord/agent may claim for
The landlord/agent may claim from the bond the reasonable cost of:
- repairs – if you, another occupant or a guest has damaged the premises or goods leased with the premises (other than fair wear and tear)
- cleaning – if you have not left any part of the premises reasonably clean
replacing locks or other security devices – if you have altered, removed or added these without the landlord’s consent.
The matters for which the landlord may claim from the bond are not limited to these and include rent or other charges you owe under the tenancy agreement.
- Forms are available from NSW Fair Trading: phone 133 220, www.fairtrading.nsw.gov.au
- Housing NSW: phone 1300 468 746
- Consumer, Trader and Tenancy Tribunal: phone 1300 135 399, www.cttt.nsw.gov.au
Information supplied courtesy of the Tenants Union of NSW
Further information and advice for NSW tenants can be sourced from www.tenants.org.au