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.
(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.