Residential Tenancies Regulations 1989

This regulation applies if —

an amount of a security bond for a residential tenancy agreement is unclaimed as referred to in section 81T(1) of the Act; and

the amount is less than $50 000; and

the bond administrator is satisfied that the tenant, or if there are co‑tenants, a co‑tenant (the deceased tenant) has died; and

both of the following periods have ended —

the period of 6 months beginning on the day on which the agreement was terminated;

the period of 6 months beginning on the day on which the deceased tenant died;

the bond administrator has not been given any of the following —

evidence of probate of the will of the deceased tenant;

evidence of administration of the estate of the deceased tenant;

notice in writing of any will of the deceased tenant and of intention to prove it;

notice in writing of an intention to apply for administration of the estate of the deceased tenant.

The bond administrator may dispose of all or part of the deceased tenant’s portion of the security bond by doing either or both of the following —

reimbursing a person who has incurred or paid all or part of the deceased tenant’s funeral expenses;

paying all or part of the deceased tenant’s portion of the security bond to 1 or more eligible persons.

For the purposes of subregulation (2)(b), a person is an eligible person in relation to the deceased tenant if the bond administrator is satisfied that the person —

was, immediately before the deceased tenant’s death, the spouse or de facto partner of the deceased tenant; or

is a parent or child of the deceased tenant.