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RESIDENTIAL TENANCIES ACT 1995 - SECT 105M

RESIDENTIAL TENANCIES ACT 1995 - SECT 105M

105M—Repayment of bond

        (1)         An application may be made to the Commissioner for—

            (a)         payment of the whole amount of the bond either to the proprietor or the resident; or

            (b)         payment of a specified amount of the bond to the proprietor and the balance to the resident.

        (2)         The application—

            (a)         must be in a form approved by the Commissioner; and

            (b)         may be made jointly by the proprietor and the resident or by either the proprietor or the resident.

        (3)         If the application is undisputed, the Commissioner must pay out the amount of the bond as specified in the application.

        (4)         If an application is liable to be disputed, the Commissioner must give the respondent written notice of the application (in a form the Commissioner considers appropriate) and inform the respondent that, if the respondent wants to dispute the application, a written notice of dispute must be lodged with the Commissioner within 10 days after the date the notice is given to the respondent.

        (5)         If the respondent does not give the Commissioner written notice of dispute within 10 days after the day on which the Commissioner's notice under subsection (4) is given to the respondent, the Commissioner may pay out the amount of the bond as proposed in the application.

        (6)         However, if the application is made by the proprietor alone more than 12 months after the termination of the rooming house agreement

            (a)         the Commissioner must refer the application to the Tribunal for determination; and

            (b)         the Tribunal may authorise payment of the amount of the bond as proposed in the application if the Tribunal is satisfied, on the basis of information provided by the proprietor, that the proprietor is entitled to the payment.

        (7)         If the Commissioner receives a written notice of dispute before the amount of the bond is paid out under subsection (5), the Commissioner must refer the dispute to the Tribunal for determination.

        (8)         Despite a preceding subsection, if—

            (a)         the bond has been provided or paid on behalf of the resident by a third party prescribed by the regulations, or in circumstances prescribed by the regulations; and

            (b)         the Commissioner is given notice of the third party's interest in accordance with the regulations,

then—

            (c)         the third party is entitled to make application to the Commissioner for the payment of the whole, or a specified part, of the bond; and

            (d)         —

                  (i)         if the application is made with the consent of the proprietor—the Commissioner must pay out the amount of the bond as specified in the application;

                  (ii)         in any other case—the Commissioner must give the proprietor and, if the resident is still in possession of the premises, the resident, written notice of the application (in a form the Commissioner considers appropriate) and—

                        (A)         if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within 10 days after the date on which the original notice is given—the Commissioner may pay out the amount of the bond as proposed in the application;

                        (B)         in any other case—the Commissioner must refer the matter to the Tribunal for determination.

        (9)         If a payment is made under subsection (8) and the resident is still in possession of the premises, the proprietor may require the resident to provide a new bond in accordance with section 105K.

        (10)         If—

            (a)         a bond under a rooming house agreement is provided on behalf of the resident by a third party prescribed by the regulations in circumstances prescribed by the regulations; and

            (b)         the proprietor makes application to the Commissioner for the payment of the whole, or a specified part, of the amount payable under the bond,

then—

            (c)         if the application is made with the consent of the third party—the Commissioner must pay out the amount as specified in the application;

            (d)         in any other case—the Commissioner must give the third party and, if the resident is still in possession of the premises, the resident, written notice of the application (in a form the Commissioner considers appropriate) and—

                  (i)         if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within 10 days after the date on which the original notice is given—the Commissioner may pay out the amount as proposed in the application;

                  (ii)         in any other case—the Commissioner must refer the matter to the Tribunal for determination.

        (11)         If a payment is made under subsection (10), the third party must reimburse the Fund to the extent of the payment.

        (12)         A payment under this section will be made from the Fund.

        (13)         For the purposes of this section—

            (a)         an application is undisputed if it is—

                  (i)         a joint application by the proprietor and the resident; or

                  (ii)         an application by the proprietor that the whole of the amount of the bond be paid to the resident; or

                  (iii)         an application by the resident that the whole of the amount of the bond be paid to the proprietor; and

            (b)         an application that does not fall into any of those categories is liable to be disputed; and

            (c)         if the application was made by the proprietor, the resident is the respondent; and

            (d)         if the application was made by the resident, the proprietor is the respondent.