12Procedure on termination of not-for-profit residential tenancy agreements

12 Procedure on termination of not-for-profit residential tenancy agreements

(1)  On the termination of a not-for-profit residential tenancy agreement, the not-for-profit housing provider is to –

(a) return the security deposit to the tenant within 3 working days, together with any interest that is to be paid under the agreement, but less any amount due to the owner arising from the non-performance of the not-for-profit residential tenancy agreement by the tenant; or

(b) give to the tenant a notice, in duplicate, that –

(i) states the reasons for which the security deposit, or part of the security deposit, is being retained; and

(ii) includes either a statement of the loss incurred by the owner or an estimate of the date on which it is expected that the loss will be determined; and

(iii) states that, if the tenant is dissatisfied with the matters contained in the notice, the tenant may lodge a dispute with the Commissioner within 10 days after being provided with the notice.

(2)  A dispute is to be –

(a) in writing; and

(b) accompanied by a copy of the notice given under subregulation (1)(b) .

(3)  Within one working day after receiving a dispute, the Commissioner is to, in writing –

(a) require the not-for-profit housing provider to pay to the Authority, within the period of not less than 3 working days specified in the requirement –

(i) an amount equal to that portion of the security deposit in dispute that has not been paid to the tenant; and

(ii) any amount equal to any interest payable to the tenant under the not-for-profit residential tenancy agreement that has not been so paid to the tenant; and

(b) notify the Authority of the dispute.

(4)  On receiving a dispute, the Commissioner may require the Authority, the tenant, the not-for-profit housing provider and the owner of the relevant residential property to provide the Commissioner with information and documentation that is relevant to the dispute.