QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.585AMaximum amount of rental bond—provision for existing rental bonds
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### sec.585A Maximum amount of rental bond—provision for existing rental bonds
This section applies if—
before the commencement, a rental bond was paid for a residential tenancy agreement or rooming accommodation agreement; and
under section 122 of the Act , the rental bond is taken to be a rental bond for a renewal agreement; and
after the commencement, the amount of the rental bond is more than the amount that may be required or accepted under new section 146 for the renewal agreement.
The tenant or resident may make an application to the authority for payment of the part of the rental bond that is equivalent to the difference between the amount held by the authority and the amount that may be required or accepted under new section 146 (the excess amount ).
The application—
must be made in the approved form; and
may only direct a payment of the excess amount to be made to the contributor for the bond.
Despite section 124 , the authority may pay the excess amount—
if there is only 1 contributor—to the contributor; or
if there is more than 1 contributor and all contributors have made the application—to each contributor in the way directed in the application.
The authority must give the lessor, provider or agent notice of the amount of the rental bond held by the authority for the renewal agreement after the excess amount has been refunded to the tenant or resident.
Chapter 2 , part 3 , division 3 does not apply to an application made under this section.
For this section, section 150 (4) is taken to include a reference to amounts payable under this section.
To remove any doubt, it is declared that a person does not commit an offence under new section 146 (1) in relation to a rental bond to which this section applies.
In this section—
renewal agreement see section 122 .
s 585A ins 2024 No. 27 s 85
(sec.585A-ssec.1) This section applies if— before the commencement, a rental bond was paid for a residential tenancy agreement or rooming accommodation agreement; and under section 122 of the Act , the rental bond is taken to be a rental bond for a renewal agreement; and after the commencement, the amount of the rental bond is more than the amount that may be required or accepted under new section 146 for the renewal agreement.
(sec.585A-ssec.2) The tenant or resident may make an application to the authority for payment of the part of the rental bond that is equivalent to the difference between the amount held by the authority and the amount that may be required or accepted under new section 146 (the excess amount ).
(sec.585A-ssec.3) The application— must be made in the approved form; and may only direct a payment of the excess amount to be made to the contributor for the bond.
(sec.585A-ssec.4) Despite section 124 , the authority may pay the excess amount— if there is only 1 contributor—to the contributor; or if there is more than 1 contributor and all contributors have made the application—to each contributor in the way directed in the application.
(sec.585A-ssec.5) The authority must give the lessor, provider or agent notice of the amount of the rental bond held by the authority for the renewal agreement after the excess amount has been refunded to the tenant or resident.
(sec.585A-ssec.6) Chapter 2 , part 3 , division 3 does not apply to an application made under this section.
(sec.585A-ssec.7) For this section, section 150 (4) is taken to include a reference to amounts payable under this section.
(sec.585A-ssec.8) To remove any doubt, it is declared that a person does not commit an offence under new section 146 (1) in relation to a rental bond to which this section applies.
(sec.585A-ssec.9) In this section— renewal agreement see section 122 .
- (a) before the commencement, a rental bond was paid for a residential tenancy agreement or rooming accommodation agreement; and
- (b) under section 122 of the Act , the rental bond is taken to be a rental bond for a renewal agreement; and
- (c) after the commencement, the amount of the rental bond is more than the amount that may be required or accepted under new section 146 for the renewal agreement.
- (a) must be made in the approved form; and
- (b) may only direct a payment of the excess amount to be made to the contributor for the bond.
- (a) if there is only 1 contributor—to the contributor; or
- (b) if there is more than 1 contributor and all contributors have made the application—to each contributor in the way directed in the application.