NSW How to Get Bond Back from Landlord under Property Law?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Ampha

Member
31 October 2015
3
0
1
Hi there,

I'm a tenant who used to rent the property from an agent. 3 months later, I received a notice to move out, because the landlord did something illegal, so I moved out. But now I can't take my bond back from NSW Fair Trading because they said the agent /landlord did not give them the bond. So now, how can I get my bond back under Property Law?

The agent just told me they don't have responsibility to do this for me. Could you help me, please?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,230
748
2,894
Sydney
Which one did you give the money to - the agent, or the landlord?
Did you get a receipt at the time?
 

Ampha

Member
31 October 2015
3
0
1
I gave it to the agent, and I don't have any receipt, but the agent gave me a Solicitor's number who can probably help me out with this issue. Unfortunately, the Solicitor said they found my bond with the landlord, not with fair trading and they are also acting for the landlord, so they cannot act for me.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,230
748
2,894
Sydney
The bond is supposed to have been lodged with the Department of Fair Trading
(you may have heard the old term "Rental Bond Board").
There is also supposed to be a receipt (or, at least, an annotation on the lease
that the money has been paid).

It is not unheard of (indeed, it is not uncommon) for agents and landlords
to not lodge a rental bond in the way they are supposed to.
(just as it is not uncommon for tenants to get confused
about the difference between a bond and rent-in-advance....).

You may find it helpful to get in touch with Tenants NSW for more detailed advice.
They publish a very useful Fact Sheet About Bonds
 
  • Like
Reactions: JS79

Ampha

Member
31 October 2015
3
0
1
I got an annotation on the lease that I paid 4 weeks for the bond because before the lease started I had to pay for 6 weeks, which was 2 weeks' rent in advance and 4 weeks for Bond.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,230
748
2,894
Sydney
I got an annotation on the lease that I paid 4 weeks for the bond because before the lease started I had to pay for 6 weeks, which was 2 weeks' rent in advance and 4 weeks for Bond.
Might be time to contact the Department.