Free download portable software: July 2012

Sunday 1 July 2012

A GUIDE FOR TENANTS

Do not sign anything unless you understand
what it means.
Never sign a blank form, even if it looks ofﬁcial. All ofﬁcial notices you
give your landlord or agent must include their name, your signature and other details

At the beginning of a tenancy

• read and sign your ‘Residential Tenancy
Agreement’ form
• keep a copy of anything you sign
• seek advice if you have a tenancy issue
or question
• check that your new home is
completely safe
• complete a ‘Condition Report’ if you
have paid a bond – you can add to or
edit a ‘Condition Report’ completed by
an agent (see page 7 for details)
• consider taking photos of the property
before you move in
• complete and sign the ‘Bond
Lodgement’ form and keep the receipt
(see page 7 for details)
• contact the utility companies of your
choice to ensure these are connected by
the time you move in.

During a tenancy
• communicate with your landlord or
agent and keep them informed of any
problems that may arise
• make sure you pay your rent on time
• keep all records such as rent receipts
• keep your property reasonably
clean; this will minimise any problems
that may occur during a landlord or
agent inspection

get written permission from your
landlord if you wish to sub-let or assign
the tenancy agreement to someone else

• let your landlord or agent know of any
repairs that need to be done (see pages
12-13 for details)
• put all requests to your landlord or
agent in writing. Forms are available
from Consumer Affairs Victoria.
At the end of a tenancy
• give adequate notice when planning
to leave; the notice period will depend
on your reason for leaving (see page 20
for details)
• pay any outstanding rent
• check your responsibilities for separately
metered utilities
• clean the property
• consider taking photos after you move
your furniture out to show the condition
of the property
• take all your belongings with you
(see page 23 for details)
• keep the ‘Condition Report’ in case
of a dispute
• try to agree with your landlord on
the return of the bond (see page 23
for details)
• if you have paid a bond, complete the
‘Bond Claim’ form and return it to the
Residential Tenancies Bond Authority.
The form must be signed by your and
your landlord or agent
• leave a forwarding address with your
landlord or agent or Australia Post.

If you cannot agree on the bond ?

If you and your landlord/agent or owner cannot agree on the division of the bond, you may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a hearing to resolve the matter. Application forms are available from the VCAT website (see the Related information section below for details) or by calling 03 9628 9800.

As a tenant or resident, you may apply to VCAT for a hearing relating to bonds at any time after the end of the tenancy or residency.

If you receive an order from VCAT directing the Residential Tenancies Bond Authority to release the funds, a Bond Claim form must be completed with payment details. The complete VCAT order must also be attached to the form. You do not need the signature of the landlord/agent or owner.

Claiming the bond - tenants and residents

on this page :

Agreeing on the bond

At the end of a tenancy or residency, discuss with the landlord/agent or owner how the bond money is to be divided. This discussion may include resolving issues that arise from, for example, any damage to the property or rent owing.

The agreed division should be set out on the completed Bond Claim form, which is sent to the Residential Tenancies Bond Authority (RTBA).

How to claim a bond

The Residential Tenancies Bond Authority (RTBA) holds all Victorian residential tenancy bonds, including those on rented premises, long-term caravans, rooming houses and sites under site agreements.

To claim a bond:

Visit the RTBA Online website.
Click ‘Tenant’ on the left side of the home page, then click ‘Bond Search’.
Enter your Bond ID and family name, then click ‘Run Search’. This opens the ‘Bond Summary’ page.
Click ‘Bond Repayment Claim’. This opens an instruction page.
Read the instructions, then click ‘Next’. This opens the ‘Bond Repayment Claim’ details page.
Enter the details in the form and click ‘Next’. This opens a confirmation page.
If you are happy with the information provided, click ‘Next’, which opens an instructions page. Go to step 8. If you are not happy with the information provided, click ‘Previous’, which re-opens the ‘Bond Repayment Claim’ details page. Repeat step 6.
Read the instructions, then click ‘Generate Form’.
Once generated, the Bond Claim form must be printed then signed by the tenant and landlord/estate agent.

10. Mail the completed form to:

RTBA
Locked Bag 007
Wendouree VIC 3355

Note: you can request pre-printed forms to be mailed to you. Contact the RTBA on 1300 137 164 or rtba@justice.vic.gov.au.

How long does it take for my bond to be refunded?

If you give the RTBA your bank account details, the Bond Claim form is filled in correctly, and the payee signature can be matched against the Bond Lodgement or Tenant Transfer form, you should have your bond returned in two to three business days.

How does the RTBA repay a bond?

The RTBA will repay a bond directly into a nominated bank account if, on the Bond Claim form:

valid bank account details have been provided
signatures can be matched
no amendments have been made to this information.

If you have not provided valid bank account details, but have provided a forwarding address, the RTBA will send a cheque.

If the RTBA cannot repay a bond to the bank account or forwarding address details provided, it will retain the bond until it can determine the payee’s identity.

Outstanding bond repayments

The RTBA Online website allows you to search for any outstanding bond repayment you believe you may be owed after your tenancy ends.

To search for and claim an outstanding bond repayment:

Visit the RTBA Online website.
Click ‘Retained Repayment Search’ on the left side of the home page. This opens an information page.
Read the information, tick the box marked ‘I have read the above information and agree to the above conditions. (please tick)’, then click ‘Next’. This opens the ‘Retained Repayment Search’ page.
Enter your name or company name, then click ‘Search’. This opens a list of search results.
Click your name from the list of search results. This opens the ‘Repayment Details’ page.
Enter the details in the form, then click ‘Generate Form’.
Once generated, print and sign the Retained Repayment Request form.
Mail the completed form to:

RTBA
Locked Bag 007
Wendouree VIC 3355

or fax to:

1300 768 647.

If you cannot agree on the bond ?

As a tenant or resident, you may apply to VCAT for a hearing relating to bonds at any time after the end of the tenancy or residency.

If signatures do not match

Never sign a Bond Claim form that does not show the amount you are to receive as a bond repayment.

The RTBA matches the signatures of tenants, residents, landlords/agents and owners with the signatures registered via Bond Lodgement or Tenant Transfer forms.

If the signatures do not correspond, the form is usually returned to the landlord/agent or owner to be re-submitted. The notice covering the return will set out the RTBA requirements, including the options of:

submitting a new form with signatures signed in the same manner as the original signature held by the RTBA
the landlord/agent or owner providing a Statutory Declaration confirming the identity of the signatories and providing the RTBA with an indemnity against loss
providing an order from the Victorian Civil and Administrative Tribunal or a court directing the RTBA on how to repay the bond.

Change of name

If you change your name by marriage or by deed poll during your tenancy or residency, attach a copy of the Marriage Certificate or Change of Name Certificate to the Bond Claim form or the Tenant Transfer form when it is submitted to the RTBA.

If a party to the bond cannot sign the form

The RTBA will accept an authority in writing (by post or fax but not email) authorising the disbursement or transfer of the bond. This letter must be attached to the form when it is submitted and include a signature that the RTBA can match to its records.

If a party cannot be contacted, an application should be made to the Victorian Civil and Administrative Tribunal seeking an order directing the RTBA to repay or transfer the bond.

Can you pay your final rent using the bond?

No. The bond and rent are separate payments. Tenants or residents may be fined for treating any part of the bond as rent. This includes if the rental agreement is in its last month.

Residential Tenancies Bond Authority

The RTBA holds bonds in trust for landlords/agents and tenants, or owners and residents, giving all parties equal say on how bonds should be repaid when a rental agreement ends.

Bonds are repaid either as agreed by the landlord/agent or tenant, or owner or resident. If there is a dispute about how repayment is to be divided, an application may be made to the Victorian Civil and Administrative Tribunal to decide the matter.

The RTBA processes all bond transactions on the day of receipt if they come with a correctly completed form.

If a form has not been correctly completed, it will be returned the next business day.

Bond repayments are made by an overnight direct credit or by a cheque mailed the next business day.

RTBA Online

RTBA Online allows tenants, residents, landlords, agents and owners to view the status of their bond transactions and generate forms for:

bond lodgement
bond repayment claims
bond transfers
retained repayments.

Forms generated through RTBA Online must be printed, signed by the relevant parties and then submitted to the RTBA.

Landlords and estate agents RESPONSIBILITIES

If you are a landlord or estate agent, you must, by law, give your prospective tenant a copy of Renting a home: a guide for tenants (PDF, 734KB), on or before the day they move in. You may be fined if you do not do so.

Before asking a prospective tenant to sign a Residential tenancy agreement (PDF, 944KB), you must give them a copy of the unsigned agreement.

Once the agreement is signed, you must give the tenant a signed copy within 14 days.

Rooming house owners

If you are rooming house owner, you must, by law, give every new resident a copy of:

Rooming houses: a guide for residents and operators (PDF, 1.9MB)
the house rules (if your rooming house has them)
Rights and duties of a rooming house resident poster (PDF, 202KB).

You must provide every resident with these documents on or before the day they move in. You may be fined if you do not do so.

You must also give them a:

These notices inform the resident if they have an exclusive right to their room or if they have to share it.

You must also advise residents of any extra amount that will be charged for additional services provided such as cleaning, linen or meals.

If you enter into a tenancy agreement with a resident who has ‘exclusive occupancy’ rights to a room, you must follow the Residential Tenancies Act 1997’s requirements relating to ‘tenancy agreements’.

We recommend you read Rooming houses: a guide for residents and operators in conjunction with Running a better rooming house: a best practice handbook. This handbook, produced by the Registered Accommodation Association of Victoria, includes practical information to help owners improve their operations. Download or order your free copy from the RAAV website.

Caravan park owners

As a caravan park owner, you must, by law, give prospective residents a copy ofCaravan parks: a guide for residents, owners and managers (PDF, 2.5MB) on or before the day they move in. You must also give them a copy of the caravan park rules. You may be fined if you do not do so.

You must also give residents a Notice to prospective caravan park residents becoming a resident at this caravan park (PDF, 49KB), which explains their responsibilities.

The Victorian Caravan Parks Association can also provide more information to caravan park owners.

Site owners

If you are a site owner you must, by law, give prospective site tenants a printed copy of Movable dwellings: a guide for residents, owners and managers (PDF, 1.8MB) on or before the day they sign the site agreement. You must also give site tenants a Notice of cooling off period for site tenants (Form 2A) (PDF, 439KB), which explains their right to withdraw from the site agreement within five business days of signing it.

The Victorian Caravan Parks Association can also provide more information to site owners.

Contact details

As a landlord, agent or owner, you must advise tenants or residents of your contact details in writing on or before the day they move in. You could face a fine if you do not provide these details.

You must provide:

your full name, address (either a physical address or post office box) and telephone number; agents should also give a fax number
an emergency telephone number that can be used out of business hours, preferably 24 hours a day.

If your contact details change during a tenancy or residency, you must advise the tenant or resident in writing within seven days.

If you are an agent managing a property, you must advise the tenant or resident, in writing:

your full name and address, address, telephone number and fax number
whether you can authorise urgent repairs and, if so, the maximum amount you can authorise
the telephone or fax numbers to be used for urgent repairs.

Ending a lease early

You and your landlord, caravan park owner, rooming house owner or site owner can agree to end an agreement early. It is important to put this agreement in writing.

This written notice should include any agreed costs, terms and conditions, and the date the lease is to end.

If you have a fixed-term lease but need to end it early, you should give written notice as soon as possible. Breaking a lease may require you to pay compensation to your landlord or owner.

Tenants, residents, landlords and owners can apply to the Victorian Civil and Administrative Tribunal to reduce the period of the tenancy agreement on the basis of severe hardship.

Beginning a lease or residency in AUSTRALIA

What is a lease?

A lease, also called a residential tenancy agreement, is a legal contract between tenants and landlords. A lease outlines:

the amount of rent and how it is to be paid
the length and type of tenancy
the amount of bond required
other conditions and rules.

There are generally two types of leases:

Fixed term – a fixed-term agreement is for a set period of time, usually six or 12 months. After a fixed-term lease expires, a tenant can sign a new fixed-term lease or roll automatically onto a periodic lease.
Periodic lease – a tenant will usually roll over to a periodic lease when their fixed-term lease ends. In a periodic lease, the tenant does not sign a new agreement, but must still follow the rules set out in the original lease.

Leases can be written or verbal but both need to comply with the Residential Tenancies Act 1997 (the Act).

Consumer Affairs Victoria recommends the use of written leases.

Written agreements must use or follow the wording of the official Residential tenancy agreement (PDF, 944KB).

Extra terms and conditions may be included, but these must otherwise comply with the Act.

NOTE : A tenancy agreement is a legal contract

between you and your landlord.

It outlines:

• the rent you need to pay and how

to pay it

• the length and type of tenancy

• the amount of bond required

• other conditions and rules.