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QLD How to Claim Bond Given to Boyfriend?

Discussion in 'Property Law Forum' started by Iona, 1 April 2015.

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  1. Iona

    Iona Member

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    I was hoping someone may guide me in the direction of proceedings in helping my 18 yr old daughter to reclaim her bond money she gave her boyfriend at the time for bond, however he only registered bond and rental in his name even though they paid equal rent and bond. They have now split and he is refusing to give back her bond money of $900. He is working full time and has funds to repay but holding her ransom and saying she broke a towel rail and that will cost her the bond. He also tried to say because his name was on lease she was trespassing even though she has paid rent in advance and was only trying to remove her personal possessions at the time with one week in advance paid plus her bond. Sadly he is proving difficult to deal with and will not allow any contact.

    What can we do to get him to pay back the money? Does she have any grounds under property law to fight for the money?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Iona,

    Your daughter may be able to claim the rental bond as a sub-tenant where the sub-tenancy was created as a verbal agreement (I assume your daughter and her ex don't have anything in writing).

    Was the property agent and/or landlord aware that your daughter was living in the property and had paid bond, rent etc? This will bolster any sub-tenancy claim because rental agents and landlords are supposed to be notified of sub-tenancies.

    The Qld Residential Tenancies Authority has a page that explains that head tenants are liable if they don't lodge the bond of the sub-tenant with the Rental Bonds Authority: Share homes cotenancies and subletting fact sheet | Residential Tenancies Authority
    There is more information about sub-letting here: Share homes, co-tenancies and sub-letting | Residential Tenancies Authority

    I suggest that you or your daughter call the Residential Tenancies Authority and explain your situation. They cannot provide mediation services like they do between tenants and property agents/landlords but they may be able to provide some advice.

    After this, your daughter may need to take this matter to the Queensland Civil and Administrative Tribunal as a minor civil dispute. Have a look at this webpage: Minor civil disputes - QCAT Queensland Civil and Administrative Tribunal
     
  3. Iona

    Iona Member

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    Thank you very much for your advice, very helpful! You are correct in thinking there was no written agreement, however the real estate were aware of her sub leasing and have been informed . Thank you again and I will get her to follow your suggestions. Lessons have been learned!
     

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