35BRepayment of bond to leaving co-tenant

35B Repayment of bond to leaving co-tenant (a) a co-tenant (the leaving co-tenant) stops being a party to a residential tenancy agreement— (i) under section 35A; or (ii) because of an ACAT order under section 35G (1) (a), (c) (ii) or (d); or (iii) in accordance with section 46D (Termination for family violence); and (b) a bond is held in relation to the agreement; and (c) the leaving co-tenant paid some or all of the bond in relation to the agreement; and (d) 1 or more of the remaining co-tenants continue to be a party to the agreement. (2) The remaining co-tenants must, not more than 14 days after the day the leaving co-tenant stops being a party to the residential tenancy agreement— (a) pay to the leaving co-tenant an amount equal to the bond paid by the leaving co-tenant under the agreement; and (b) notify the Territory that the leaving co-tenant has been paid under paragraph (a). (3) The remaining co-tenants may deduct from that amount— (a) any portion of rent unpaid by the leaving co-tenant; and (b) other reasonable costs in relation to the premises. Example—reasonable costs for damage caused to the premises by the leaving co-tenant (4) A leaving co-tenant is not entitled to payment of any other amount of the bond under the residential tenancy agreement. (5) Subsection (2) does not apply if the amount that may be deducted under subsection (3) is more than the amount of the bond paid by the leaving co-tenant. (6) A leaving co-tenant may apply to the ACAT for resolution of a dispute in relation to subsection (2) or (3) as a tenancy dispute even if the leaving co-tenant has stopped being a party to the residential Note The ACAT may make orders requiring the payment of an amount to a person—see s 83 (1) (c). 35BA Repayment of bond to former co-tenant—consecutive tenancy agreement (a) premises are occupied under a consecutive tenancy agreement; and (b) a person (the former co-tenant)— (i) was a party to the residential tenancy agreement that terminates or is terminated; but (ii) is not a party to the consecutive tenancy agreement; and (c) a bond is held in relation to the terminated agreement; and (d) the former co-tenant paid some or all of the bond in relation to the terminated agreement; and (e) 1 or more of the remaining co-tenants under the terminated agreement are parties to the consecutive tenancy agreement. (2) The remaining co-tenants must, not more than 14 days after the day the consecutive tenancy agreement starts— (a) pay to the former co‑tenant an amount equal to the share of the bond paid by the former co-tenant under the terminated (b) notify the Territory that the former co-tenant has been paid under paragraph (a). (3) The remaining co-tenants may deduct from that amount— (a) any portion of rent unpaid by the former co-tenant; and (b) other reasonable costs in relation to the premises. (4) A former co-tenant is not entitled to payment of any other amount of the bond under the terminated agreement. (5) Subsection (2) does not apply if the amount that may be deducted under subsection (3) is more than the amount of the bond paid by the former co-tenant. (6) A former co-tenant may apply to the ACAT for resolution of a dispute in relation to subsection (2) or (3) as a tenancy dispute even if the former co-tenant is not a party to the consecutive tenancy agreement. Note The ACAT may make orders requiring the payment of an amount to a person—see s 83 (1) (c). 35C Becoming a co-tenant under existing residential tenancy agreement—generally (a) a tenant under a residential tenancy agreement (an existing tenant) wants another person (a new person) to become a co-tenant under the agreement; and (b) the premises are not a social housing dwelling or crisis accommodation. (2) To remove any doubt, this section does not apply to the grant by an existing tenant of a sub-tenancy or a bare licence to occupy the Example—bare licence Ollie is a tenant in a house under a residential tenancy agreement. Ollie’s brother, Loki, is going overseas and needs a place to stay for 2 weeks. Ollie has said that Loki could stay in the spare room until he goes. (3) The new person may only become a co-tenant under the residential (a) if the existing tenant obtains the consent of the lessor and any other existing tenant; or (b) if the existing tenant makes an application to the ACAT under section 35D. (4) For subsection (3) (a), the existing tenant must seek the consent of the lessor and any other existing tenant— (a) by notice in writing (the consent application); and (b) at least 14 days before the day it is proposed the new person will become a co-tenant under the residential tenancy agreement (the proposed joining day). (5) The lessor must— (a) not unreasonably refuse consent; and (b) if the lessor refuses consent—tell the existing tenant and the new person, in writing, the reason for refusing consent. (6) For subsection (3) (a), the lessor and any other existing tenant are taken to consent if they do not respond within 14 days after receiving the consent application. (7) If consent is given to the new person becoming a co-tenant under the residential tenancy agreement— (a) the agreement continues with the new person becoming a co-tenant with the existing tenants; and (b) not later than the day after the new person becomes a co-tenant, the existing tenants must give the new person a copy of— (i) if the agreement is a consecutive tenancy agreement—the original condition report and any subsequent condition report for the premises; or (ii) in any other case—the condition report for the premises. (8) For subsection (7), the new person becomes a co-tenant on the proposed joining day or any other day agreed between the parties. 35D Co-tenancy on application to ACAT (a) an existing tenant has made a consent application for a new person to become a co-tenant under a residential tenancy (b) the lessor has refused consent under section 35C; and (c) no other existing tenant has refused consent under section 35C. (2) The existing tenant may apply to the ACAT for a declaration under section 35G (1) (c) (i) that the lessor’s refusal to consent was unreasonable (a declaration application). (3) If the existing tenant makes a declaration application— (a) the new person becomes a co-tenant under the residential tenancy agreement on the day the application is made; and (b) the agreement continues with the new person becoming a co-tenant with the existing tenants; and (c) the existing tenants must give the new person a copy of the condition report for the premises not later than the day after they become a co-tenant. Note The ACAT may subsequently order that the new person stop being a co-tenant under the residential tenancy agreement (see s 35G (1) (c) (ii)). (4) The lessor may make an application to the ACAT for an order under section 35G (1) (c) (ii) that the new person stop being a co-tenant under the residential tenancy agreement if— (a) the existing tenant has made a declaration application; and (b) the declaration application is— (i) discontinued by the applicant; or (ii) otherwise not yet decided by the ACAT. (5) If the ACAT makes an order mentioned in section 35G (1) (c) (ii)— (a) the new person— (i) stops being a party to the residential tenancy agreement on the day the order is made; and (ii) must leave the premises the subject of the residential tenancy agreement within 21 days after the order is made; and (b) the agreement continues between the lessor and the remaining co-tenants; and (c) the new person’s rights and obligations under the agreement end; and (d) section 35B applies to the new person as if the new person had stopped being a party to the agreement under section 35A. consent application—see section 35C (4) (a). existing tenant—see section 35C (1) (a). new person—see section 35C (1) (a). 35E Becoming a co-tenant under existing residential tenancy agreement—social housing dwelling and crisis accommodation (1) This section applies if the lessor and each tenant (the existing tenants) under a residential tenancy agreement in relation to a social housing dwelling or crisis accommodation consent to another person becoming a co-tenant under the agreement. (2) The residential tenancy agreement continues with the other person becoming a co-tenant with the existing tenants. (3) The existing tenants must give the other person a copy of the condition report for the premises not later than the day after they become a co-tenant. (4) For subsections (2) and (3), a person becomes a co-tenant on the day agreed between the parties. 35EA Becoming a co-tenant at start of consecutive tenancy (1) This section applies if a person becomes a co-tenant under a consecutive tenancy agreement on the day the agreement starts. Note See s 35C for becoming a co-tenant at any time after the day the consecutive tenancy agreement starts. (2) The consecutive tenancy agreement starts with the person becoming a co‑tenant with the existing tenants. (3) The existing tenants must give the other person a copy of the original condition report and any subsequent condition report for the premises not later than the day after the day the agreement starts. existing tenants, in relation to a consecutive tenancy agreement, means 1 or more tenants under the terminated residential tenancy agreement for the premises.