Sunday, 1 July 2012

Claiming the bond - tenants and residents

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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:
  1. Visit the RTBA Online website.
  2. Click ‘Tenant’ on the left side of the home page, then click ‘Bond Search’.
  3. Enter your Bond ID and family name, then click ‘Run Search’. This opens the ‘Bond Summary’ page.
  4. Click ‘Bond Repayment Claim’. This opens an instruction page.
  5. Read the instructions, then click ‘Next’. This opens the ‘Bond Repayment Claim’ details page.
  6. Enter the details in the form and click ‘Next’. This opens a confirmation page.
  7. 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.
  8. Read the instructions, then click ‘Generate Form’.
  9. 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:
  1. Visit the RTBA Online website.
  2. Click ‘Retained Repayment Search’ on the left side of the home page. This opens an information page.
  3. 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.
  4. Enter your name or company name, then click ‘Search’. This opens a list of search results.
  5. Click your name from the list of search results. This opens the ‘Repayment Details’ page.
  6. Enter the details in the form, then click ‘Generate Form’.
  7. Once generated, print and sign the Retained Repayment Request form.
  8. 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 ? 

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.

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.
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