Residential Tenancies Act 1986

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.

Section 22A: inserted, on 1 October 2010, by section 18 of the Residential Tenancies Amendment Act 2010 (2010 No 95).