There are different ways to deal with bond issues and disputes depending on the situation.
On this page:
Disputes about how to split the bond
Rental providers (landlords) can only submit a bond claim to the Residential Tenancies Bond Authority (RTBA) when the renter and rental provider agree on how to split the bond.
If they cannot agree, either the renter or rental provider can apply to VCAT for a hearing. VCAT will hear the case and decide how to divide the bond.
You should know:
- There are no application fees for bond claim hearings.
- An application for bond must be made within 14 days after the rental agreement has ended.
Rental providers may also apply to VCAT to claim compensation that is more than the bond amount. A fee will apply for this kind of application.
Making bond applications to VCAT
Application forms are available from the VCAT website or by calling 1300 01 8228 (1300 01 VCAT). Calling this number costs the same as a local call. More charges may apply if you call from overseas, on a mobile phone or payphone.
Once VCAT has made an order
Once VCAT has made an order, the rental provider or renter must submit a bond form to the RTBA. Bond claims that are subject to VCAT orders must be submitted electronically by rental providers who are registered for electronic transactions with RTBA Online. Otherwise rental providers and renters must use a paper form.
Rental providers should register for electronic transactions using RTBA Online.
For claims submitted by paper, RTBA will match the signatures of all parties with the signatures on record on the bond lodgement or renter transfer forms. The RTBA will then pay the bond according to the VCAT order.
For more information, see the Property manager's guide to claiming the bond with a VCAT order.
Disputes between renters about how to split the bond
The RTBA does not manage the bond payments for renters moving in and out during an agreement. The renter must reach agreement with the other renters to be repaid their bond contribution.
Bond disputes between renters cannot be resolved by VCAT.
When rental providers delay submitting claims
Once the renter and rental provider agree on how to divide the bond, rental providers should start the bond claim. They should do this within 14 business days of the agreement ending.
Renters have the right to make a bond claim themselves. However, it takes longer to process than if the rental provider or property manager starts the claim.
When renters submit the bond claim form themselves:
- The RTBA must notify rental providers of the claim in writing.
- Rental providers then have 14 business days to apply to VCAT and tell the RTBA that a VCAT application has been made.
- If there are no proceedings, the RTBA will return the bond to the renter, or their portion of the bond if there is more than 1 renter.
See how renters can submit or cancel a bond claim.
When a renter changes their name
If a renter changes their name during the rental agreement, it may not match the name that the RTBA has recorded on the bond.
If a renter has changed their name, generate a paper bond claim form on RTBA Online using the bond ID. Attach a copy of the marriage certificate or change of name certificate.
If someone cannot sign the bond claim form
If someone cannot be contacted to sign the bond claim form, then either the renter or rental provider can apply to VCAT for an order instructing the RTBA how to repay or transfer the bond.
Bond claims and family violence
There are rules that protect people experiencing family violence.
If VCAT is satisfied that someone is experiencing violence, they may order that:
- the perpetrator of family violence must pay the rental provider for any loss or damage to the rental property
- the share of the bond contributed by the person experiencing family violence cannot be used to compensate the rental provider.
See more information on changing the rental agreement because of family violence.
Sections of the Act
If you want to know what the law says about bond disputes, you can read these sections of the Residential Tenancies Act 1997:
- Section 411 – Claims for rental bonds
- Section 411AD – Disputed bond claims
- Section 419A – Person with interest in claim for bond may apply to Tribunal for bond repayment order
- Section 420A - Family violence