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qldlawyer, Solicitor
Category: Australia Law
Satisfied Customers: 13
Experience:  LLB (Hons)
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Hello I have a small dwelling and the person I let it to suggested

Resolved Question:

Hello I have a small dwelling and the person I let it to suggested that he didn't wish for receipts to keep a calendar. So I kept all paperwork and since he has taken a trip to china and used up his bond monies and then said he will only pay weekly from here on (at that time he was paying monthly) till he catches up. That has not happened over 4 months and upon asking again he now claims he has bond to collect. Which then I had taken all paperwork over to show him and a calendar of his dates and trip. He now is moving out after I have given him notice.
My question is can I hold an item as bond write and tell him once he has shown the place is in good order I will hand back as bond to be sure of how he will now leave the property
Submitted: 7 years ago.
Category: Australia Law
Expert:  qldlawyer replied 7 years ago.
What State are you in?
Customer: replied 7 years ago.
Expert:  qldlawyer replied 7 years ago.
Hi as you are in Qld the tenancy is governed by the Residential Tenancies and Rooming Accommodation Act 2008 and you cannot hold more than 4 weeks rent in bond and this should have been lodged with the Residential Tenancies Authority at the commencement of the tenancy.

You are not entitled to hold an item of the tenant's property as a further bond without the tenant's consent and it is arguable that as a bond has been paid you are not entitled to request any further bond.

However under the Residential Tenancies and Rooming Accommodation Act 2008 the tenant is required to leave the premises in the state that they were in when the tenancy commenced, fair wear and tear excepted. An entry condition report should have been completed at the commencement of the tenancy and an exit condition report should be completed at the end of the tenancy. If there is a dispute then either party can use the RTA's Dispute Resolution Service simply by filling out and lodging by post or fax a Dispute Resolution Request (Form 16) with the RTA's Dispute Resolution Service. A Dispute Resolution Request (Form 16) is available from Australia Post outlets in Queensland, from the RTA or their website. If the parties are not able to resolve the dispute, the RTA will issue a Notice of Unresolved Dispute which will allow the parties to apply to the Residential Tenancies Tribunal for a decision on the dispute.
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