A request for a refund of a bond is usually made after the completion of a tenancy. Lessors, agents and/or tenants can request the refund. Once the refund has been processed and released from the Rental Bonds Office, the refund is deposited into a nominated account.
Refund requests can be made before a tenancy has been completed if:
- the application is signed jointly by the lessor and the tenant;
- the application is signed by the lessor to be paid to the tenant;
- the application is signed by the tenant to be paid by the lessor; or
- the Australian Capital Territory Civil & Administration Tribunal (ACAT) orders the full, or part of the bond be paid to either party.
Disputes
Disputes where a lessor or agent are claiming part or full bond
The ACT Rental Bonds office on application by either lessor or tenants will refer a dispute between lessor/agent and tenants to the ACT Civil and Administrative Tribunal (ACAT).
Disputes in relation to co-tenant refunds
Co-tenant changes may lead to disputes between co-tenants regarding if, and when, a person should have been added or removed from a bond, the ACAT can decide on disputes relating to co-tenants. Tenants can apply to the ACAT directly or ACT Rental Bonds can refer a dispute between co-tenants to the ACAT if requested. If a tenant is not listed on a bond held the referral will be independent to the bond held, until the ACAT notifies the ACT Rental Bonds office by Tribunal Order.
Who can go to ACAT?
Both landlords and co-tenants can apply to ACAT to resolve a tenancy dispute. Under the new laws, co-tenants can apply to ACAT to resolve a dispute between co-tenants (so long as the dispute is related to the tenancy agreement). The factsheet, Disputes in Relation to Co-Tenancies, outlines the dispute resolution processes if disputes do arise.