More content is in development for this page to include what happens to the agreement when a landlord or tenant passes away.
Managing the bond when a tenant has passed away
When a tenant named on a bond has passed away, their share of the bond becomes part of their estate. This means it does not automatically go to their family members or other tenants.
- To release their share of the bond, the person signing the bond release form must show they are authorised to act for the estate.
- If you don’t tell us the tenant has passed away, or you don’t send proof of authority, we will send a Notice of Security Bond Release Application to all other parties who have not made the application. This means that the notice may be sent to contact details we have for the tenant who passed away.
There is a person authorised to act for the estate
The person authorised to act for the estate (for example, an executor or administrator) must provide:
- a copy of the death certificate
- evidence they are authorised to act for the estate (for example a copy of the will naming the executor, a Grant of Probate, or Letters of Administration)
- their signature on the bond release form
- a copy of their signed identification (for example, driver’s licence or passport)
There is no person authorised to act for the estate
- If there is no person authorised to act for the estate, we cannot release the bond straight away
- Under the Residential Tenancies Regulations, a bond may be treated as unclaimed if it has not been released or applied for within 6 months after the tenancy ends
- This gives time for estate matters to be settled and for the authorised person to come forward
- After this time, the next of kin, or the person who paid the funeral expenses can be paid the tenant’s unclaimed portion of the bond
Evidence required
You will usually need to provide:
- a copy of the death certificate
- either:
- a copy of the funeral receipt (showing who paid), or
- proof of next of kin (as listed on the death certificate)
- the signature of the next of kin or the person who paid for the funeral on the bond release form
- a copy of their signed identification (for example, driver’s licence or passport)
Additional requirements
- If a next of kin signs the bond release form, all next of kin aged 18 years or over listed on the death certificate must also sign and provide signed ID.
Not enough evidence
- We cannot release the bond unless we have enough proof that the person signing can act for the estate.
- If there is not enough evidence, we will refer the application to the Commissioner for Consumer Protection to decide how the bond should be released.