ACT Tribunal Decisions on Rent and Bond Disputes

Understanding your rights as a renter in the Australian Capital Territory (ACT) is crucial, especially when dealing with rent, bond, and holding deposit issues. In recent times, various tribunal cases have highlighted significant aspects of the law which are essential for all renters in the ACT.

Key Tribunal Cases in ACT

The ACT Civil and Administrative Tribunal (ACAT) is responsible for handling residential tenancy disputes. Recent cases have shed light on essential aspects regarding rent increases, bond refunds, and holding deposits:

Rent Increases

According to the Residential Tenancies Act 1997, landlords must give adequate notice before raising the rent. An important case involved a tenant disputing a sudden rent increase without proper notice. The Tribunal ruled in favor of the tenant, emphasizing the necessity for landlords to follow the Act’s stipulations.

Bond Refunds and Disputes

Bond disputes often arise when there's a disagreement over damages or unpaid rent. Recent cases in ACAT have underscored the need for landlords to provide evidence when claiming deductions from a security bond.

Tip: Always request a detailed condition report at both the start and end of your tenancy to safeguard your bond.

Handling Holding Deposits

Holding deposits can be a contentious issue, especially if the tenancy doesn’t proceed. The Tribunal recently addressed a case where a landlord retained a holding deposit despite the tenant following due procedure to withdraw. The ruling clarified that landlords must refund holding deposits unless specified conditions for retention are met and communicated clearly to the tenant.

Forms and Procedures

• Form 5: Notice to Remedy a Breach – Use this form when you need to formally request repairs from your landlord. For further details, visit the Access Canberra website.
• Link to official agency: For dispute resolution, applications can be submitted to the ACT Civil and Administrative Tribunal.

FAQ Section

1. What should I do if my landlord raises the rent without notice? If your landlord increases rent without proper notice as per the Residential Tenancies Act 1997, you can challenge this through the ACT Civil and Administrative Tribunal.
2. Can my landlord keep my holding deposit? A landlord can only keep your holding deposit if specific conditions were agreed upon and unmet. If you’ve met all conditions for withdrawal, you are entitled to a refund.
3. How can I get my bond back? Ensure a thorough property inspection is done with your landlord and complete an official bond refund form with any necessary evidence of property condition.

Need Help? Resources for Renters

If you're facing any issues or need guidance, consider reaching out to the following resources:

• ACT Civil and Administrative Tribunal (ACAT) – Offers dispute resolution services for tenants.
• Legal Aid ACT – Provides free legal advice and representation for eligible tenants.
• Tenants’ Union ACT – An advocacy service offering support and information for renters.

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1. Australian Capital Territory Legislation Register, Residential Tenancies Act 1997, accessed October 2023.

2. ACT Civil and Administrative Tribunal, ACAT official website, accessed October 2023.

3. Access Canberra, ACT Government Publications, accessed October 2023.

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