ACTIn ForceAct
Residential Tenancies Act 1997
35BRepayment of bond to leaving co-tenant
Start here
Get a plain-English read of 35B
Turn the raw legal text into a practical explanation grounded in Residential Tenancies Act 1997.
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.