The Law Handbook 2024

Chapter 6.1: Tenancy 519 A renter can put in a claim for the bond to be: • paid to them; • paid to someone else, either partly or fully; • divided between them and the rental provider; or • paid to the rental provider (s 411(1)(a), 411AE RT Act). Joint claims If a renter and the rental provider (or their agent) agree about how a bond should be repaid, they can lodge a joint claim to the RTBA (s 411(1)(c) RT Act). Joint claims can be made at any time, even before the rental agreement ends (s 411(3)). However, if it is agreed that part of the bond is to be paid to the rental provider, a claim cannot be made earlier than 14 days from when the rental agreement ends (s 411(4)). Note that it is an offence for a rental provider to ask a renter to sign a bond claim form that does not say how the bond is to be refunded (s 411(5)). Rental provider or agent claims The only claim a rental provider or agent can make to the RTBA without the renter is one that says all the bond is to be paid to the renter (s 411(1)(b) RT Act). They can make this sort of claim at any time, even before the rental agreement ends (s 411(3)). However, if the rental provider wants any of the renter’s bond, and the renter does not agree with them, the rental provider will need to apply to VCAT. After a claim is made After a bond claim is made, the RTBA will give written notice of the claim to anyone else on the rental agreement who has not been included in the claim (s 411A RT Act). If the rental provider, or anyone else, wants to stop the RTBA from paying the bond to the renter, they need to apply to VCAT. They need to give the RTBA proof that a VCAT application has been made. This must be done within 14 days of getting the RTBA’s notice that the renter has made a bond claim (s 411A(3)(c), 411AD(1) RT Act). If the RTBA is not notified of a VCAT application regarding the bond by the rental provider or another co-renter within the 14 days of the RTBA’s claim notification being deemed to be received, or if everyone consents to the bond being paid according to a joint claim, the RTBA will pay the bond as directed in the bond claim (s 411AC RT Act). If a VCAT application is made within 14 days of the rental agreement ending, the renter needs to wait for VCAT to decide how the bond is to be paid (s 411AD RT Act). Director of Housing bonds Renter claims If the Director of Housing paid the bond, the renter can make a claim to the RTBA for the bond to be repaid to the Department of Housing (s 421 RT Act). If the renter does not include the Department of Housing in their claim, the RTBA will notify the department of the renter’s bond claim (s 411A). Rental provider claims If some of the bond is to be paid to the rental provider without the renter’s consent, the rental provider must obtain a VCAT order for this to occur. If the rental provider gets a VCAT order that entitles them to any or all of the bond, and it was paid by the Director of Housing, the renter may still need to repay the bond loan to the Director of Housing. If the renter has an unpaid debt to the Director of Housing, this will not affect any future applications they make for public housing. However, the renter may be asked to enter into an agreement to repay the debt. Applications to VCAT Renter applications to VCAT Renters do not need to apply to VCAT to ask for their bond back because they can now make a claim for their bond directly to the RTBA. However, if the renter thinks the rental provider or other interested party (e.g. another renter) will dispute their bond claim, they can apply to VCAT. It is possible to lodge a claim with the RTBA at the same time as apply to VCAT (see Vaca v Hoskin (Residential Tenancies) [2021] VCAT 644 (18 June 2021)). Renters can apply to VCAT by completing the general application form and citing section 419A of the RT Act. If a renter wants to apply to VCAT, they have 14 days to apply from the time the rental agreement ends (s 419A(2) RT Act). In exceptional circumstances, this time limit may be extended with