Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 287

Section 411A substituted and sections 411AB, 411AC, 411AD and 411AE inserted

For section 411A of the Principal Act substitute

        " 411A     Notice of claim to be given to other parties

    (1)     This section applies if a claim for the whole or part of a bond is made by a residential rental provider or a renter without the consent of all of the other parties to a residential rental agreement.

    (2)     The Authority must give written notice of a claim referred to in subsection (1) to all of the other parties to the residential rental agreement known to the Authority.

    (3)     The notice given by the Authority—

        (a)     may be addressed to one or more parties to the residential rental agreement; and

        (b)     must be given to the Director of Housing if the whole or part of the bond was paid by the Director of Housing; and

        (c)     must state that the Authority will pay the claim unless within 14 days after receiving notice under subsection (2) the party to the residential rental agreement gives written notice to the Authority that the claim is subject to an application to the Tribunal.

        411AB     Matters that may be subject of bond claim

Without limiting the matters for which a residential rental provider may claim from a bond, a residential rental provider is entitled to claim an amount of bond for the following—

        (a)     the reasonable cost of repairs to, or the restoration of, the rented premises or goods leased with the premises, as a result of damage caused by the renter or a renter's visitor, taking into account fair wear and tear;

        (b)     any rent or other charges owing and payable under the residential rental agreement or this Act;

        (c)     the reasonable cost of cleaning any part of the premises, if the premises were not left reasonably clean by the renter, having regard to the condition of the premises at the commencement of the residential rental agreement;

        (d)     the reasonable cost of replacing locks or other security devices altered, removed or installed by the renter without the consent of the residential rental provider;

        (e)     any other prescribed matter.

        411AC     Repayment of bond where no dispute

The Authority must repay the amount of bond if—

        (a)     the claim is made under section 411(1)(c); or

        (b)     the claim is made by the residential rental provider or that person's agent under section 411(1)(b) for repayment of the bond to the renter; or

        (c)     the claim is made by the renter or the renter's agent and directs the repayment of an amount to the residential rental provider; or

        (d)     one or more of the following apply—

              (i)     the claim is made by the renter or the agent of the renter;

              (ii)     the claim is for payment to the party who made the claim or on whose behalf the claim was made;

              (iii)     no party to the residential rental agreement has notified the Authority of an application within 14 days after notice is given under section 411A(2).

        411AD     Disputed bond claims

    (1)     This section applies if the Authority is given notice by a party to a residential rental agreement that a claim for the repayment of bond is the subject of an application to the Tribunal.

    (2)     The Authority may repay the amount of bond if—

        (a)     the party who disputes the claim has given the Authority written notice of the party's consent to the repayment of the bond; or

        (b)     any applicable order of the Tribunal requiring action before the repayment of the bond has been satisfied; or

        (c)     the Authority is notified by the Tribunal that the application has been withdrawn or dismissed.

    (3)     The Authority must not repay an amount of a claim until any proceeding affecting a claim is finally determined, including any appeal.

        411AE     Repayment of bond to other persons

If directed to do so by a person to whom a bond is payable, the Authority may repay the whole or part of an amount of the bond to another person.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback