14Procedure on termination of TUU residential tenancy agreements

14 Procedure on termination of TUU residential tenancy agreements

(1)  On the termination of a TUU residential tenancy agreement, the TUU 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 TUU residential tenancy agreement by the tenant; or

(b) give to the tenant a notice 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 given 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 TUU 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) an amount equal to any interest payable to the tenant under the TUU 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, tenant, TUU and owner of the relevant residential property to provide the Commissioner with information and documentation relevant to the dispute.

(5)  The TUU must lodge with the Authority a claim form under of the Act when paying the amounts referred to in a requirement made to the Authority under , and for that purpose the TUU is taken to have given a claim form to the tenant and the tenant is taken not to have lodged that claim form with the Authority.