How do we deal with the RDA
As of the first of July all Tenant bonds are to be lodged with the RDA. For private landlords this means that they are unable to collect bonds from tenants, they must lodge the bond with Service Tasmania with the appropriate form signed by the owner, on the other hand registered real estate agencies may collect the bond and submit payments on a weekly basis directly to the RDA.
What happens if there is a change of property agent or owner?
During the tenancy the property may be transferred to a new property management firm or the owner may sell the property. If this happens the new property owners or property agents will not be able to claim money from the RDA until the transfer has been registered by completing the appropriate forms signed by both the tenants and the owner on the original lodgement form.
What happens to the bond at the end of the tenancy?
At the end of a lease, the agent has three days to give your tenant(s) a Claim Form.
The tenant then completes their part of the Claim Form and makes sure the Bond Number and their bank account details are correct. The agent must then sign the form. If Anglicare have contributed to the tenant’s bond, then the tenant must also get them
to complete and sign their part of the Claim Form before lodging it with the RDA. Claim forms can be faxed directly to the RDA or can be taken to Service Tasmania to be lodged If all the parties agree to the claims, and sign the Claim Form at the end of the tenancy, the RDA will pay out the bond as soon as possible. All people who contributed to the bond will be notified immediately when the RDA receives a claim. If
a person has not signed the Claim Form, he or she may submit another form within 10 days of the notification. If this does not happen, the claim will be referred to the Residential Tenancy Commissioner for resolution.
Can a property agent lodge a dispute against a Bond?
At the end of the tenancy there may be a disagreement over the bond. If this occurs the agent can lodge a Dispute Form with the Residential Tenancy Commissioner (RTC)
If there are accounts that need paying e.g. painter, cleaner, gardener etc, to get the property back to a rentable condition , these accounts will need to be paid by the landlord first.
The agent must state why they think some or the entire bond should be returned and include any information that will help the Residential Tenancy Commissioner make a fair decision.
The agent may not be contacted after they lodge a dispute so it is important that they include everything relevant to the claim.
The RTC will make a decision (called a ‘Determination’) and send the agent a summary of the reasons for the decision. If the agent or landlord do not agree with the decision they can appeal the matter to the Magistrates Court of Tasmania, but they
must do so within seven days of receiving the Determination.
If no appeal has been lodged after seven days, the RDA will pay out the bond. This process could take up to 6 weeks. At this point the landlord will be reimbursed from the bond, the payment of accounts that were paid to get the property up to scratch at the end of the tenancy. If an appeal is lodged, the RDA will pay out the bond only after a Magistrate has made a ruling.
Clients of @home property management can be confident that every precaution is taken to ensure that any potential claims are mitigated due to our thorough procedures, clear communications and strict tenant selection criteria.
