What to do now
If your tenancy has ended and your landlord won't return your bond:
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Log in to Rental Bonds Online at rbo.fairtrading.nsw.gov.au/Tenant/Login and lodge a claim for the bond refund. You do not need the landlord's permission to start a claim. If you cannot access your account, call 1800 990 724 (Mon–Fri 8:30am–5pm) or use the account recovery links on the login page. If your bond was not lodged online, download the paper claim form from NSW Fair Trading and email it to bondclaims@customerservice.nsw.gov.au or lodge it at a Service NSW Centre.
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Your landlord has 14 days to respond. If they do not dispute your claim within 14 days, Fair Trading pays the bond as you claimed. You will receive your refund by direct deposit, usually within 2 business days after your claim is accepted.
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If your landlord disputes your claim, you will be notified. You can then either negotiate with the landlord or agent, or apply to NCAT to decide the dispute.
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To apply to NCAT, use the NCAT Online Services portal at ncat.nsw.gov.au/forms-and-fees/apply-online.html (takes around 30 minutes) or lodge a paper form. The application fee is $64 (or $16 if you hold a concession card). You file under "tenancy" and tick "rental bond" as your dispute type. Most people represent themselves at NCAT (the Tribunal is designed for that), but you can ask permission to have someone (including a lawyer) represent you.
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Gather your evidence. The condition report from the start of your tenancy, photos, receipts, and the tenancy agreement will be important at NCAT. The landlord must show that any claimed deductions are justified.
Worked example
Sam's tenancy has ended. The landlord has not returned the bond and has not lodged a claim. Sam logs in to Rental Bonds Online and submits a claim for the full bond. The landlord receives a Notice of Claim by email and SMS the same day. The landlord does not respond within 14 days. Fair Trading then pays the full bond to Sam by direct deposit.
If the landlord had disputed the claim (by applying to NCAT and notifying Fair Trading within the 14-day window), claiming deductions for alleged carpet damage, Sam would have been notified. Sam could negotiate, or proceed with the NCAT hearing. At NCAT, Sam would present the entry condition report (showing existing carpet wear) and move-out photos. The landlord would need to prove the damage was beyond fair wear and tear. NCAT would decide the bond split based on the evidence.
Who holds the bond in NSW
NSW Fair Trading holds residential rental bonds through the Rental Bonds Online (RBO) service. Landlords and agents must lodge the bond with Fair Trading; they cannot keep it in their own account. This system, set by the Residential Tenancies Act 2010 (NSW) and Residential Tenancies Regulation 2019 (NSW), means Fair Trading releases the bond based on valid claims and the law, not the landlord's decision alone.
What landlords can claim
Under section 166 of the Residential Tenancies Act 2010 (NSW), a landlord may claim bond money for:
- Unpaid rent or other charges owing and payable under the tenancy agreement or the Act.
- Damage beyond fair wear and tear, the reasonable cost of repairs or restoration caused by the tenant (excluding fair wear and tear). Fair wear and tear is ordinary deterioration from normal use, like carpet thinning in a hallway.
- Cleaning costs, the reasonable cost of cleaning any part of the premises not left reasonably clean, having regard to its condition at the start of the tenancy.
- Replacing locks or security devices altered, removed, or added by the tenant without consent.
- Other amounts prescribed by regulations, which can include break fees under clause 117 of the Residential Tenancies Regulation 2019 (NSW) where the tenant ended a fixed-term lease early.
Section 166(2) states that these grounds do not limit the matters for which a landlord may claim from the bond. The condition report from the start of the tenancy is usually central to damage disputes because it records the property's state before the tenant moved in.
Check each deduction with the bond claim checker
If the landlord or agent has itemised what they are taking from the bond, the free Bond claim checker lets you enter each item and see how it lines up with NSW law, including how the age of carpet, paint and curtains affects what can be claimed for them.
When parties disagree: the NCAT process
If a tenant and landlord cannot agree on the bond split, the NSW Civil and Administrative Tribunal (NCAT) decides under sections 187–188 of the Residential Tenancies Act 2010 (NSW). NCAT considers the evidence from both sides (condition reports, photos, receipts, tenancy agreement) and makes orders about how the bond is paid out. Most NCAT hearings are relatively informal. Parties usually represent themselves, though you can ask NCAT permission for a lawyer or other representative if you wish.
Smart Rental Bonds (for renters moving to another NSW rental)
If you are moving to a new rental in Parramatta, Penrith, or the Central Coast, you may be able to transfer your bond to the new tenancy instead of paying a second bond up front. There is a $25 application fee. See the Smart Rental Bonds page on the NSW Fair Trading website for eligibility and how to apply. This is optional; the ordinary refund process still applies everywhere.
Where to get help
Rental Bonds Online: 1800 990 724 (Mon–Fri 8:30am–5pm)
NSW Fair Trading (general): 13 32 20 (Mon–Fri 8:30am–5pm)
NCAT: ncat.nsw.gov.au or 1300 006 228