25Security deposits

25 Security deposits

[Section 25 Subsection (1) amended by No. 49 of 2003, s. 11, Applied:25 Aug 2004] [Section 25 Substituted by No. 59 of 2005, s. 5, Applied:01 Jul 2009]

(1)  Except in the case of boarding premises, an owner may require that an amount be paid by or on behalf of the prospective tenant as security for the performance of obligations under a residential tenancy agreement.

(1A)  [Section 25 Subsection (1A) inserted by No. 38 of 2018, s. 9, Applied:31 Mar 2019] If a residential tenancy agreement relates to SDA and the prospective tenant is an NDIS participant, a security for the performance of obligations under the agreement may relate only to that part of the residential premises in respect of which the prospective tenant has the right of exclusive occupation.

(2)  [Section 25 Subsection (2) substituted by No. 35 of 2011, s. 6, Applied:01 Jan 2012] A person paying a security deposit under subsection (1) must pay the deposit –

(a) to the Authority; or

(b) [Section 25 Subsection (2) amended by No. 58 of 2016, Sched. 4, Applied:01 Apr 2017] [Section 25 Subsection (2) amended by No. 38 of 2018, s. 9, Applied:31 Mar 2019] if the residential premises are managed on the owner's behalf by a property agent, within the meaning of the Property Agents and Land Transactions Act 2016 , to the Authority or that property agent; or

(c) [Section 25 Subsection (2) amended by No. 38 of 2018, s. 9, Applied:31 Mar 2019] if the residential premises are social housing, to the Authority or the social housing provider; or

(d) [Section 25 Subsection (2) amended by No. 38 of 2018, s. 9, Applied:31 Mar 2019] if a council is the owner of the residential premises, to the Authority or the council.