sec.136DTribunal order about payment of rental bond

### sec.136D Tribunal order about payment of rental bond This section applies if, under section 136B , an interested person applies to the tribunal for an order about the payment of a rental bond. The tribunal may make any order about payment of the rental bond the tribunal considers appropriate having regard to— for a residential tenancy agreement— the efforts made by the tenant to comply with the tenant’s obligation under section 188 (4) ; and the lessor and tenant’s compliance with this Act for the agreement; and the evidence supporting any claim on all or part of the rental bond; or for a rooming accommodation agreement— the efforts made by the resident to comply with the resident’s obligation under section 253 (i) ; and the provider and resident’s compliance with this Act for the agreement; and the evidence supporting any claim on all or part of the rental bond. However, the tribunal’s order must not have the effect of penalising a tenant or resident for any damage, caused by an act of domestic violence committed against the tenant or resident, to— for a residential tenancy agreement—the premises or inclusions; or for a rooming accommodation agreement—the resident’s room or inclusions. s 136D ins 2021 No. 19 s 9 (sec.136D-ssec.1) This section applies if, under section 136B , an interested person applies to the tribunal for an order about the payment of a rental bond. (sec.136D-ssec.2) The tribunal may make any order about payment of the rental bond the tribunal considers appropriate having regard to— for a residential tenancy agreement— the efforts made by the tenant to comply with the tenant’s obligation under section 188 (4) ; and the lessor and tenant’s compliance with this Act for the agreement; and the evidence supporting any claim on all or part of the rental bond; or for a rooming accommodation agreement— the efforts made by the resident to comply with the resident’s obligation under section 253 (i) ; and the provider and resident’s compliance with this Act for the agreement; and the evidence supporting any claim on all or part of the rental bond. (sec.136D-ssec.3) However, the tribunal’s order must not have the effect of penalising a tenant or resident for any damage, caused by an act of domestic violence committed against the tenant or resident, to— for a residential tenancy agreement—the premises or inclusions; or for a rooming accommodation agreement—the resident’s room or inclusions. - (a) for a residential tenancy agreement— (i) the efforts made by the tenant to comply with the tenant’s obligation under section 188 (4) ; and (ii) the lessor and tenant’s compliance with this Act for the agreement; and (iii) the evidence supporting any claim on all or part of the rental bond; or - (i) the efforts made by the tenant to comply with the tenant’s obligation under section 188 (4) ; and - (ii) the lessor and tenant’s compliance with this Act for the agreement; and - (iii) the evidence supporting any claim on all or part of the rental bond; or - (b) for a rooming accommodation agreement— (i) the efforts made by the resident to comply with the resident’s obligation under section 253 (i) ; and (ii) the provider and resident’s compliance with this Act for the agreement; and (iii) the evidence supporting any claim on all or part of the rental bond. - (i) the efforts made by the resident to comply with the resident’s obligation under section 253 (i) ; and - (ii) the provider and resident’s compliance with this Act for the agreement; and - (iii) the evidence supporting any claim on all or part of the rental bond. - (i) the efforts made by the tenant to comply with the tenant’s obligation under section 188 (4) ; and - (ii) the lessor and tenant’s compliance with this Act for the agreement; and - (iii) the evidence supporting any claim on all or part of the rental bond; or - (i) the efforts made by the resident to comply with the resident’s obligation under section 253 (i) ; and - (ii) the provider and resident’s compliance with this Act for the agreement; and - (iii) the evidence supporting any claim on all or part of the rental bond. - (a) for a residential tenancy agreement—the premises or inclusions; or - (b) for a rooming accommodation agreement—the resident’s room or inclusions.