Residential Tenancies Amendment Act 2010

18 New sections 22 to 22E substituted

• Section 22 is repealed and the following sections are substituted:

  “22 Agreed applications to chief executive for payment of bond

  • “(1) This section applies if—

    • “(a) at any time a landlord or a tenant applies in the approved form for payment of a bond, or part of a bond; and

    • “(b) the application is made—

      • “(i) with the agreement of the other party; or

      • “(ii) in favour of the other party.

    “(2) The chief executive must pay the bond (or, as the case requires, part of the bond) in accordance with the terms of the application.

  “22A Applications to chief executive for payment of bond without agreement of other party

  • “(1) This section applies to an application in the approved form for payment of a bond, or part of a bond, made by a party (party A) without the agreement of the other party (party B).

    “(2) The application may be made at any time after the termination of the tenancy if party A is the tenant, but must be made within 2 months of the termination of the tenancy if party A is the landlord.

    “(3) On receiving the application, the chief executive must notify party B of the application and invite party B to indicate, within 10 working days after being notified, whether or not party B wishes to contest the application.

    “(4) An indication by party B must be in writing, unless the chief executive waives that requirement.

    “(5) If party B indicates that he or she wishes to contest the application, the chief executive must tell the parties how to apply to the Tribunal for a determination of the dispute.

    “(6) If party B does not respond to the invitation to indicate whether or not party B wishes to contest the application, the chief executive must—

    • “(a) pay the bond (or, as the case requires, part of the bond) in accordance with the application; or

    • “(b) decline to make a decision and tell the parties how to apply to the Tribunal for a determination.

    “(7) If party B agrees to the application, the chief executive must pay the bond (or, as the case requires, part of the bond) in accordance with the application.

  “22B Applications to, and orders by, Tribunal

  • “(1) If there is a dispute between the parties as to the payment of a bond, either party may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid.

    “(2) If the tenant applies to the Tribunal and the landlord seeks payment of the bond in whole or in part, the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim.

    “(3) If, more than 2 months after the termination of a tenancy, the landlord seeks payment of a bond held in respect of that tenancy but does not have the agreement of the tenant, the landlord may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid.

    “(4) If the chief executive is satisfied that a tenancy has terminated and no application for payment of a bond, or part of a bond, has been made within a reasonable time, the chief executive may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid.

    “(5) If the Tribunal makes an order concerning the payment of a bond, or part of a bond, the chief executive must make the payment in accordance with the terms of the order.

  “22C Payments of bond to be made out of Residential Tenancies Trust Account

  • The chief executive must make any payments of a bond under section 22, 22A, or 22B out of the Residential Tenancies Trust Account.

  “22D Chief executive may take steps to refund bonds

  • “(1) The chief executive may take any steps that the chief executive considers reasonable in the circumstances to refund a bond held by the chief executive if the chief executive believes on reasonable grounds that—

    • “(a) the tenancy to which the bond relates has terminated and no claim is made for the bond within 2 months of the termination; or

    • “(b) an application for the refund of the bond has been approved but the bond money has not been collected within 2 months of the approval.

    “(2) The steps that the chief executive takes under subsection (1) may include the publication of 1 or more of the following:

    • “(a) the name of the person to whom the bond is to be refunded if the circumstances described in subsection (1)(b) apply:

    • “(b) the name of the tenant in whose name the bond is held:

    • “(c) the amount, or approximate amount, of the bond:

    • “(d) the location of the premises to which the bond relates.

    “(3) To avoid doubt, this section applies to all bond money held by the chief executive, whenever it is received.

  “22E Social Welfare may disclose address information for bond refund purposes

  • “(1) In this section, unless the context otherwise requires,—

    “address information, in relation to a person, means the last known address and (if available) the telephone number of the person

    “Social Welfare means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 1964.

    “(2) The purpose of this section is to facilitate the disclosure of address information by Social Welfare to the department to enable the chief executive to locate persons who are entitled to bonds to which section 22D(1) applies and that the chief executive continues to hold despite previous attempts to refund them.

    “(3) If the chief executive is satisfied that reasonable steps have been taken, under section 22D, to refund a bond but that those steps have not been successful, the chief executive may, for the purposes of this section, request Social Welfare, in accordance with arrangements made with the chief executive of Social Welfare,—

    • “(a) to ascertain whether Social Welfare holds any address information about any person entitled to the bond who is named in the request; and

    • “(b) if that is the case, to supply that information to the department.

    “(4) On receipt of a request made under subsection (3), Social Welfare may supply the information requested to any officer or employee of the department who is authorised to receive that information.”