Residential Tenancies Amendment Act 2010

15 New section 18A inserted
  • The following section is inserted after section 18:

    18A Landlord must not require security other than permitted bond
    • (1) A landlord may not require a tenant to provide the landlord with any form of security to secure any payment or performance arising out of, or in connection with, the tenancy.

      (2) A requirement made in contravention of subsection (1) is declared to be an unlawful act.

      (3) In this section, security

      • (a) means—

        • (i) any interest in real or personal property; or

        • (ii) the power to exercise a right of the tenant, including the authority to cause an account to be debited (for example, without limitation, by reference to a card, such as the imprint of a credit card or a PIN number) or the means to obtain money from a third party; but

      • (b) does not include—

        • (i) a payment by way of bond that is permitted under section 18; or

        • (ii) any guarantee.