Common Bond Refund Issues for Tasmanian Renters

Renting a property in Tasmania can be a complex process, especially when it comes to getting your bond back at the end of a tenancy. Many renters face challenges with bond refunds and claims, often due to misunderstandings or disagreements with landlords. Understanding these common issues can help you be better prepared to handle them effectively.

Understanding Bond Deductions

The most common issue tenants face is landlords deducting amounts from the bond claim. According to the Residential Tenancy Act 1997, landlords are entitled to deduct amounts for unpaid rent, property damage, or cleaning that exceeds normal wear and tear.

Types of Acceptable Deductions

• Unpaid Rent: Landlords can deduct any outstanding rent amounts.
• Property Damage: Costs for repairing tenant-caused damage.
• Cleaning Costs: Cleaning costs that restore the property to its original condition, beyond normal wear and tear.

To avoid surprises, consider taking photos before you move out to document the property's condition and negotiate any potential claims directly with your landlord.

Failure to Lodge Bond

Another common issue is bonds not being lodged with the Rental Deposit Authority (RDA) as required by Tasmanian law. Landlords must lodge the bond with the RDA within ten business days of receipt. Failure to comply could result in penalties. Always verify your bond has been lodged.

Disputes Over Bond Refund

If you and your landlord can't agree on the bond refund, you may need to apply to the Residential Tenancy Commissioner for a resolution. Both parties will need to present evidence, such as the condition report, photos, and receipts to support their claims.

Using the Condition Report

The Rental Condition Report is a crucial form completed at the start of your tenancy. It details the state of the property and will be used for comparison at the end. Ensure you fill this out accurately and include as much detail as possible.

Tip: Keep a copy of every document and correspondence related to your tenancy. This will be invaluable if a dispute arises.

Claiming Your Bond

To claim your bond, complete the Claim for Bond Refund form and submit it to the RDA. If you face issues with your landlord withholding consent unreasonably, seek guidance and potentially apply to the Residential Tenancy Commissioner for intervention.

1. What is a Bond Refund?
   A bond refund is the return of the security deposit at the end of a tenancy, minus any allowable deductions.
2. How do I dispute a deduction?
   If you disagree with a deduction, seek to resolve it with your landlord first. If unsuccessful, apply to the Residential Tenancy Commissioner for mediation.
3. Can my landlord keep my entire bond?
   No, unless the costs for legitimate deductions equate to the bond amount. Disputes over this can be taken to the Residential Tenancy Commissioner.

1. How to Verify Your Bond is Lodged with the RDA
   1. Contact the RDA after paying your bond to confirm its lodging.
   2. Ensure you receive a receipt from the RDA once the bond is lodged.
2. How to Submit a Bond Refund Claim
   1. Complete the "Claim for Bond Refund" form available on the RDA website.
   2. Submit the form to the RDA with any supporting evidence of your entitlement.
3. How to Use a Condition Report
   1. Fill out the "Condition Report" at the start of your tenancy.
   2. Keep a copy and update it if any conditions change.
   3. Use this report during bond claims to support your case.

Need Help? Resources for Renters

• Consumer, Building and Occupational Services (CBOS): Provides information and support for renters including lodging complaints.
• Legal Aid Tasmania: Offers legal support and advice for resolving tenancy disputes.
• Tenants’ Union of Tasmania: Advocacy and advice service for renters across the state.

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1. Residential Tenancy Act 1997

2. Fair Trading Act 1987 (Cth)

3. Consumer, Building and Occupational Services

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