When the tenancy ends the tenant and the landlord should discuss refunding the bond to the tenant.
The best way to prevent a landlord claiming some or all of the tenant’s bond is to know clearly what “wear and tear” and / or damage happened during the tenancy, and what was already there before the tenant moved in.
When the tenant should get their bond back
The tenant should get back their bond if:
- there is no damage to the property, and
- it is left reasonably clean and tidy, and
- the rent is up to date.
Remember this is the tenant’s money and should be returned to them unless there is a good reason for it not to be.
If the tenant and the landlord agree about how the bond should be refunded then both should sign the bond refund form and return it to Tenancy Services (s 22 RTA).
It usually takes about 15 working days for a bond refund to be processed after a fully completed form is submitted.
The bond is refunded to whatever bank account the tenant gives on the bond refund form.
The same people who signed the bond lodgement form need to sign the bond refund form at the end of the tenancy.
If there is a disagreement about the bond refund
If the tenant and the landlord can’t agree, the tenant can still submit the completed bond refund form and then the landlord will have 10 days to object to the return of the bond (s 22A RTA). If the landlord objects then the matter will normally go to the Tenancy Tribunal (s 22B RTA).
It’s important to be aware that the landlord can also seek payment of the bond in this way if there is no agreement, so it is a good idea for the tenant to submit the bond refund form as quickly as possible if the parties are in dispute.
Quick tip
Transferring the bond
A tenant can transfer the bond from their previous tenancy to a new one, if the previous and new landlords agree to it. The tenant and both old and new landlords will have to sign a bond transfer form. The new landlord will then send the form to Tenancy Services.
If the amount of the old bond is more than the new bond, the tenant is entitled to receive a refund for the excess amount. If the new bond is more, then the tenant must give the new landlord extra money to make up the difference.
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