Residential Tenancies Act 1997

This section applies if—

premises are occupied under a consecutive tenancy agreement; and

a person (the former co-tenant)—

was a party to the residential tenancy agreement that terminates or is terminated; but

is not a party to the consecutive tenancy agreement; and

a bond is held in relation to the terminated agreement; and

the former co-tenant paid some or all of the bond in relation to the terminated agreement; and

1 or more of the remaining co-tenants under the terminated agreement are parties to the consecutive tenancy agreement.

The remaining co-tenants must, not more than 14 days after the day the consecutive tenancy agreement starts—

pay to the former co‑tenant an amount equal to the share of the bond paid by the former co-tenant under the terminated agreement; and

notify the Territory that the former co-tenant has been paid under paragraph (a).

The remaining co-tenants may deduct from that amount—

any portion of rent unpaid by the former co-tenant; and

other reasonable costs in relation to the premises.

A former co-tenant is not entitled to payment of any other amount of the bond under the terminated agreement.

Subsection (2) does not apply if the amount that may be deducted under subsection (3) is more than the amount of the bond paid by the former co-tenant.

A former co-tenant may apply to the ACAT for resolution of a dispute in relation to subsection (2) or (3) as a tenancy dispute even if the former co-tenant is not a party to the consecutive tenancy agreement.

Note The ACAT may make orders requiring the payment of an amount to a person—see s 83 (1) (c).