Landlords and property agents can make claims against the bond under set categories. Each claim must be listed on the release application.
Landlords and property agents should talk to the tenant before making a claim.
The bond is paid out quicker if everyone agrees on claims and how the bond is released.
Landlords and tenants have the right to disagree but it is important to note this process will take longer.
Landlords and tenants will be asked for evidence if needed.
Reasons for claiming bond money
Landlords can claim bond money for:
- repairing damage caused by the tenant(s) or their pet(s)
- garden repair and maintenance
- carpet cleaning that is undertaken to remove stains and other marks
- general cleaning of the property, not including carpet cleaning
- pet fumigation
- replacing keys or security devices not returned
- unpaid rent the tenant owes
- outstanding utility bills
- any other financial loss caused by a breach of the tenancy agreement
Landlords cannot claim for fair wear and tear.
Claiming part or all of the bond
Landlords must make sure the following is correct when completing a bond release:
- the amounts for each claim category must add up to the total claim amount
- the total claim amount is not more than the bond.
Claiming more than the bond
Bonds Administration cannot process your application if:
- the total of the claim categories is more than the total claim
- the total claim is more than the bond amount.
Landlords may need to:
- adjust the bond claims to be within the bond amount and submit it again or
- apply to the Magistrates Court if they want to claim more than the bond amount.
Only the court can order the tenant to pay an amount more than the bond.
Examples
Tenant’s bond: $2,000
Landlord loss at end of tenancy: $2,800 from $1,800 for repairing damage and $1,000 unpaid rent.
The total landlord’s claim is $800 more than the bond, so the landlord can:
- apply to the Magistrates court to claim the full $2800. The court can order the tenant to pay the additional $800.
- claim only the $2000 bond with the Bond Administration. The claim amounts must add up to $2,000 or less, for example $1200 repairing damage and $800 unpaid rent, totally $2,000.