18 Bonds to be no more than 4 weeks’ rent

(1)

A landlord shall not require payment by way of bond of an amount greater than 4 weeks’ rent lawfully payable under the tenancy agreement.

(2)

On the lawful increase of the rent, the landlord may require payment by way of bond of a further sum not exceeding the amount by which the rent payable for 4 weeks has been increased.

(3)

On the decrease of the rent, the amount by which the total sum already paid by way of bond exceeds the rent payable for 4 weeks following the decrease shall, on application to the chief executive by the person who paid the bond, be refunded to the tenant.

(4)

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.

Compare: 1973 No 26 s 21; Residential Tenancies Act 1978–1981 s 32(1), (1A), (1B) (SA)

Section 18(3): amended, on 18 August 1992, by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 18(4): replaced, on 11 February 2021, by section 14 of the Residential Tenancies Amendment Act 2020 (2020 No 59).