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RESIDENTIAL TENANCIES ACT 1997 - SECT 35 Disputes about all or part of bond

RESIDENTIAL TENANCIES ACT 1997 - SECT 35

Disputes about all or part of bond

    (1)     This section applies if—

        (a)     a tenant or lessor is given a notice (a notice of application ) about a bond release application under section 34B (2) (a) (Bond release application—application by tenant) or section 34C (2) (a) (Bond release application—application by lessor); and

        (b)     the tenant or lessor gives the Territory a written notice (a  notice of dispute ) disputing the application within 2 weeks after the day the notice of application is given to the tenant or lessor.

    (2)     The Territory must refer the application and notice of dispute to the ACAT as a tenancy dispute.

    (3)     The referral of the application and notice of dispute is taken to be an application to the ACAT about a tenancy dispute.

    (4)     However, the Territory need not refer the application and notice of dispute to the ACAT if the application is in accordance with an order of the ACAT stating that an amount is to be paid from an amount of bond.

    (5)     If a notice of dispute relates to only part of an amount of bond claimed, the Territory must, before referring the application and notice of dispute to the ACAT, release the amount of the bond that is not in dispute to the appropriate person.