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Residential Tenancies Act 1999
116If person owed security cannot be found
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116 If person owed security cannot be found
(1) Subject to section 34, if all or part of a security deposit to which a
tenant is entitled under this Act has not been returned by the
landlord to the tenant within 6 months after the date of termination
of the tenancy, the landlord must ensure that, within 28 days after
that period expires, the money is placed in the Tenancy Trust
Account to be held on trust for the tenant.
(2) Subject to section 34, if all or part of a security deposit that is being
held by a landlord's agent and to which a landlord is entitled under
this Act has not been given to the landlord by the agent within
6 months after the date of termination of the tenancy to which the
deposit relates, the landlord's agent must ensure that, within
28 days after that period expires, the money is placed in the
Tenancy Trust Account to be held on trust for the landlord.
(3) The Tribunal may, on the application of a tenant or a landlord in
relation to whom a security deposit is placed in the Tenancy Trust
Account under this section, determine:
(a) the proportion of the security deposit paid into the Tenancy
Trust Account to which the landlord or tenant is entitled; and
Residential Tenancies Act 1999 78
(b) the person to whom interest on the security deposit is payable
in accordance with this Act and the amount of the interest,
which is to be determined as prescribed.
(4) The Accountable Officer within the meaning of the Financial
Management Act 1995 of the Agency allotted the administration of
this Act is to pay to the tenant or the landlord the amount
determined by the Tribunal in accordance with subsection (3).