Div 4Bonds

Division 4—Bonds 61—Bond (1) A person must not— (a) require more than one bond for the same residential tenancy agreement; or (b) require the payment of a bond exceeding the relevant limit. (1a) A bond must— (a) be paid to the Commissioner or the landlord in the manner and form approved by the Commissioner; and (b) be accompanied by the information determined by the Commissioner. (1b) For the purposes of this section, a payment of an amount by way of a bond to a landlord's agent will be taken to be a payment to the landlord. (2) If at least two years have elapsed since a bond was given or last increased, the landlord may by written notice to the tenant require the tenant to increase the bond by a specified additional amount, within a specified period (which must be at least 60 days from the date of the notice), but not so that the total amount of the bond exceeds the relevant limit. (2a) A requirement under subsection (2) has effect as if it were a term of the residential tenancy agreement. (3) The relevant limit is— (a) if the rent payable under the agreement does not exceed an amount (which must be at least $250 per week) prescribed by regulation for the purposes of this paragraph—four weeks rent under the agreement; (b) if the rent payable under the agreement exceeds an amount prescribed by regulation for the purposes of this paragraph—six weeks rent under the agreement. (4) The relevant limit is, in the first instance, calculated by reference to the rent—or if the rent varies, the lowest rent—payable during the first six months of the tenancy (expressed as a weekly rent) and if there is to be an increase in the amount of the bond, the relevant limit is calculated by reference to the rent (expressed as a weekly rent) payable when the notice of increase is given. (5) For the purposes of determining the relevant limit, any amount payable under a domestic services agreement collateral to the residential tenancy agreement is not to be regarded as rent. 62—Receipt of bond and transmission to Commissioner (1) A person must, within 48 hours after receiving an amount paid by way of a bond, give the person who paid a receipt stating the date payment was received, the name of the person from whom the payment was received, the amount paid, and the address of the premises to which the payment relates. (2) A person who receives an amount by way of a bond must pay the amount of the bond to the Commissioner in the manner and form approved by the Commissioner and accompanied by the information determined by the Commissioner within the period allowed by regulation. (3) If the Commissioner receives an amount by way of a bond for a residential tenancy agreement from a person who is not the landlord, the Commissioner must, as soon as is reasonably practicable after receiving the amount, notify the landlord or the landlord's agent (as determined by the Commissioner) of the receipt of the amount in accordance with the regulations. (4) If the Commissioner receives an amount apparently by way of a bond and the Commissioner is satisfied that the amount is not within the ambit of the definition of a bond under this Act, the Commissioner may refund the amount in accordance with the regulations. 63—Repayment of bond (1) An application may be made to the Commissioner for— (a) payment of the whole amount of the bond either to the landlord or the tenant; or (b) payment of a specified amount of the bond to the landlord and the balance to the tenant. (2) The application— (a) must be in a manner and form approved by the Commissioner; and (b) may be made jointly by the landlord and the tenant or by either the landlord or the tenant. (3) If the application is undisputed, the Commissioner must pay out the amount of the bond as specified in the application. (4) If an application is liable to be disputed, the Commissioner must give the respondent written notice of the application (in a form the Commissioner considers appropriate) and inform the respondent that, if the respondent wants to dispute the application, a written notice of dispute must be lodged with the Commissioner within the prescribed period after the date the notice is given to the respondent. (5) If the respondent does not give the Commissioner written notice of dispute within the prescribed period after the day on which the Commissioner's notice under subsection (4) is given to the respondent, the Commissioner may pay out the amount of the bond as proposed in the application. (5a) However, if the application is made by the landlord alone more than 12 months after the termination of the residential tenancy agreement— (a) the Commissioner must refer the application to the Tribunal for determination; and (b) the Tribunal may authorise payment of the amount of the bond as proposed in the application if the Tribunal is satisfied, on the basis of information provided by the landlord, that the landlord is entitled to the payment. (6) If the Commissioner receives a written notice of dispute before the amount of the bond is paid out under subsection (5), the Commissioner must refer the dispute to the Tribunal for determination. (7) Despite a preceding subsection, if— (a) the bond has been provided or paid on behalf of the tenant by a third party prescribed by the regulations, or in circumstances prescribed by the regulations; and (b) the Commissioner is given notice of the third party's interest in accordance with the regulations, (c) the third party is entitled to make application to the Commissioner for the payment of the whole, or a specified part, of the bond; and (d) — (i) if the application is made with the consent of the landlord—the Commissioner must pay out the amount of the bond as specified in the application; (ii) in any other case—the Commissioner must give the landlord and, if the tenant is still in possession of the premises, the tenant, written notice of the application (in a form the Commissioner considers appropriate) and— (A) if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within the prescribed period after the date on which the original notice is given—the Commissioner may pay out the amount of the bond as proposed in the application; (B) in any other case—the Commissioner must refer the matter to the Tribunal for determination. (8) If a payment is made under subsection (7) and the tenant is still in possession of the premises, the landlord may require the tenant to provide a new bond in accordance with section 61. (9) If— (a) a bond is provided on behalf of the tenant by a third party prescribed by the regulations in circumstances prescribed by the regulations; and (b) the landlord makes application to the Commissioner for the payment of the whole, or a specified part, of the amount payable under the bond, (c) if the application is made with the consent of the third party—the Commissioner must pay out the amount as specified in the application; (d) in any other case—the Commissioner must give the third party and, if the tenant is still in possession of the premises, the tenant, written notice of the application (in a form the Commissioner considers appropriate) and— (i) if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within the prescribed period after the date on which the original notice is given—the Commissioner may pay out the amount as proposed in the application; (ii) in any other case—the Commissioner must refer the matter to the Tribunal for determination. (10) If a payment is made under subsection (9), the third party must reimburse the Fund to the extent of the payment. (11) A payment under this section will be made from the Fund. (12) For the purposes of the payment of an amount of a bond under this section, the Registrar may disclose to the Commissioner the details of a decision or order given or made by the Tribunal the disclosure of which would otherwise be contrary to a direction or order of the Tribunal. (13) For the purposes of this section— (a) an application is undisputed if it is a joint application by the landlord and the tenant; or an application by the landlord that the whole of the amount of the bond be paid to the tenant; or an application by the tenant that the whole of the amount of the bond be paid to the landlord; (b) an application that does not fall into any of those categories is liable to be disputed; (c) if the application was made by the landlord, each tenant is a respondent; if the application was made by a tenant, the landlord and any other tenant are the respondents. (14) Despite any provision of this section, the following provisions apply to the repayment of a bond under a residential tenancy agreement where there are co-tenants, other than if the whole amount of the bond is to be paid to the landlord: (a) if the application proposes that none of the bond is to be paid to the landlord and the landlord agrees to the application— (i) in the case of an application that proposes that the bond be paid to the co-tenants in shares that are not equal and each co-tenant consents to their share as proposed—the Commissioner must pay the bond as specified in the application; or (ii) in the case of an application that proposes that the bond be paid to the co-tenants in equal shares—the Commissioner must pay the bond to all co‑tenants in equal shares; (b) if the application proposes the payment of a specified amount of the bond to the landlord and the balance to the co‑tenants, and the amount proposed to be paid to the landlord is agreed to by the landlord— (i) in a case where the balance payable to the co‑tenants is to be paid in shares that are not equal and each co‑tenant consents to their share as proposed—the Commissioner must pay the bond as specified in the application; or (ii) in a case where the balance payable to the co‑tenants is to be paid in equal shares and at least 1 of the co‑tenants consents—the Commissioner may pay the bond as specified in the application. (15) If the Commissioner acts under subsection (14) in relation to an application, the application is not liable to be disputed. (16) Despite any provision of this section, an application by or on behalf of a landlord for the payment of the whole or a specified amount of a bond to the landlord must be made— (a) within the prescribed period after the end of the tenancy to which the bond relates; and (b) in the manner and form determined by the Commissioner. (17) The regulations may modify or disapply a provision of this section for the purposes of an electronic system approved by the Commissioner for the repayment of bonds. Division 5—Tenant's entitlement to possession and quiet enjoyment 64—Vacant possession etc (1) It is a term of a residential tenancy agreement that the tenant is entitled to vacant possession of the premises (except for a part of the premises in respect of which a right to exclusive possession is not given by the agreement) from the day the tenancy begins. (2) It is a term of a residential tenancy agreement that there is no legal impediment of which the landlord has, or ought to have knowledge, to the tenant's occupation of the premises for the period of the tenancy as a place of residence. 65—Quiet enjoyment (1) It is a term of a residential tenancy agreement that— (a) the tenant is entitled to quiet enjoyment of the premises without interruption by the landlord or a person claiming under the landlord or with superior title to the landlord's title; and (b) the landlord will not cause or permit an interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises; and (c) the landlord will take reasonable steps to prevent other tenants of the landlord in occupation of adjacent premises from causing or permitting interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises. (2) If the landlord causes or permits interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises in circumstances that amount to harassment of the tenant, the landlord is guilty of an offence.