249Retention of security deposit by provider

249 Retention of security deposit by provider

(1) A provider is only entitled to retain a security deposit if—

(a) the resident has left the supported residential service and an amount of fees has accrued due and is unpaid; or

(b) the provider reasonably believes that the provider is entitled to an amount of the security deposit as compensation for loss or damage suffered by the provider on account of—

(i) damage caused to the supported residential service by the resident or the resident's visitor, other than fair wear and tear; or

(ii) the loss of goods belonging to the provider, caused by the resident or the resident's visitor; or

(c) the resident has consented to the provider retaining the amount after the provider has given the resident a statement setting out—

(i) the deductions; and

(ii) the purpose of the deductions; and

(iii) the remaining balance of the security deposit.

(2) Subsection (1) does not entitle a provider to retain any amount of a security deposit in excess of the actual loss or shortfall suffered by the provider.