Residential Tenancies Act 1987

A tenant, or former tenant, under a residential tenancy agreement may apply to a competent court for a determination of the rights and liabilities of the parties to the agreement once the former tenant’s interest in the agreement has been terminated under section 60(1)(ba) or (bb).

When hearing an application under subsection (1) or section 71AE(3), the court —

must determine the rights and liabilities of the parties to the agreement, as affected by the termination; and

may order a party to pay compensation to another party for loss or injury, other than personal injury, relating to the termination.

Without limiting subsection (2), a determination or order under that provision may apportion the disposal of a security bond to the lessor and each tenant or former tenant as appropriate having regard to subsection (4).

Despite any law to the contrary, each tenant under a residential tenancy agreement has an equal interest in the security bond in respect of the agreement unless the court in a particular case determines otherwise under this section.

In making a determination or order under subsection (2), the court must have regard to all of the following principles —

that family violence is a fundamental violation of human rights and is unacceptable in any form;

the need to prevent further victimisation of a person who has experienced family violence through the unjust application of the principle of joint and several liability or the principle of vicarious liability;

the need to maximise the safety of persons who have experienced family violence by reducing any financial burden arising from the family violence;

the need to prevent, or reduce to the greatest extent possible, the consequences of family violence;

the need to protect the wellbeing of children by preventing them from being subjected or exposed to further family violence;

the need to encourage perpetrators of family violence to accept responsibility for their behaviour and the effect it has on others.

Nothing in subsection (2) is to be read as enabling the court to order compensation for early termination of a residential tenancy agreement.