Residential Tenancies Act 1986

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 landlord who contravenes this section—

(a)

commits an unlawful act; and

(b)

commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

(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.

Section 18A: inserted, on 1 October 2010, by section 15 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 18A(2): replaced, on 11 February 2021, by section 15 of the Residential Tenancies Amendment Act 2020 (2020 No 59).