In most cases, tenancies run smoothly and any issues that may arise are able to be solved between parties.
There are however, certain cases in which the Property Manager or Landlord may need to seek the assistance of the RTA to help them on what to do when the obligations of the tenant/s have not been fulfilled and money is owed above the bond.
Some examples of reasons in which this may occur are:
- Tenant/s have not paid all the rent that is due
- Tenant/s have caused damage to the property
- General cleaning has not been completed at the end of the tenancy
Tenants are required to return the property to the same condition in which it was entered into at the beginning of the tenancy, except, normal wear and tear.
It is important to keep communication open during this time and let your tenants know that you will be claiming the bond. The Property Manager or Landlord must submit a Form 4, Refund of rental bond form via the RTA website.
If the tenant does not dispute the claim on the bond the bond will be paid to the Property Manager / Landlord. In cases where there is additional money owed, the owner can try and reach an agreement with the tenant to pay the money owed. A payment plan maybe opted into with the Landlord and the Tenant in which the funds are paid back in instalments.
What ever the agreement is that has been reached, ensure that it is put in writing and everyone signs it.
In cases where an agreement is not able to be reached between parties without outside assistance, for Form 16 Dispute resolution form would need to be lodged to the RTA. If both parties agree a time for a phone reconciliation conference will be made. After this time if an agreement cannot be reach you will be issued with a Notice of unresolved dispute. From here you can then apply to seek an order for the outstanding money from QCAT (Queensland Civil and Administrative Tribunal).
If you wish to have your issue heard at QCAT you must complete a ‘non-urgent’ application form. Timeframes do apply.
By Anita Genrich