19 Duties of landlord on receipt of bond

(1)

Where any person pays to the landlord, or to any other person on behalf of the landlord, any amount by way of bond (whether the amount is for the whole or part of the bond), the following provisions shall apply:

(a)

the person who receives the payment shall forthwith give to the payer a written receipt, signed by that person, showing—

(i)

the address of the premises to which the payment relates; and

(ii)

the amount and nature of the payment; and

(iii)

the date of the payment; and

(iv)

the name of the payer (if known to the person who receives the payment):

(b)

the landlord shall, within 23 working days after the payment is made, forward the amount received to the chief executive, together with a statement of particulars in the approved form signed by the landlord and the tenant.

(1A)

Subsection (1) does not apply if a bond of 1 week’s rent or less is paid in respect of a boarding house tenancy. In that case, section 66D applies instead.

(2)

Failure to issue a receipt, or to forward any amount received, in accordance with this section is hereby declared to be an unlawful act.

Compare: Residential Tenancies Act 1978–1981 s 32(2) (SA)

Section 19(1): amended, on 1 October 2010, by section 16(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 19(1)(b): replaced, on 1 May 1996, by section 8(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 19(1)(b): amended, on 1 October 2010, by section 16(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 19(1A): inserted, on 1 October 2010, by section 16(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).