116If person owed security cannot be found

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).