Bond Recovery Options Explained

Summary

If you moved out of a shared rental in NSW and your bond is being used for a lease extension by new tenants, you have several options. First, contact the landlord or agency to request a new lease and bond for the current tenants. If this fails, apply to Rental Bonds Online to claim your bond. Familiarize yourself with the Residential Tenancies Act 2010 to understand your rights. If necessary, consider mediation or apply to the NSW Civil and Administrative Tribunal (NCAT) for resolution. Consulting a local legal expert may also be beneficial.

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Jurisdiction NSW, Australia. I moved out of a share house in Sydney Australia in March as well as some other of my housemates at the time. One of the original remained. We who left want our bond back, but waited until the end of the lease which is now. However the people who moved in after us all extended the lease for a year. So we want our bond back now. The housemates are refusing to pay us out. Can we claim directly from RBO since its our bond in our name yet theyre using it on an extended lease. Can the landlord issue a new lease and bond for them and release ours. What are the options on how to proceed - I don't want my money securing the lease of people I've never met ? How to enforce Residential Tenancies Act *. is it better to first approach the agency/landlord directly
Here are some steps you can consider:
- Contact the Landlord/Agency: It's best to first approach the landlord or the real estate agency to discuss releasing your bond and issuing a new lease for the current tenants.
- Apply to the RBO: If discussions don't work, you can apply to the Rental Bonds Online (RBO) service to claim your bond back, as it should be under your name.
- Review the Residential Tenancies Act *: Familiarize yourself with the Act to understand your rights and obligations.
- Mediation or Tribunal: If necessary, you may consider applying for mediation or taking the matter to the NSW Civil and Administrative Tribunal (NCAT).
Review this letter (PART *): I write on behalf of all former named tenants on the bond of the lease for * Old South Head Road, Vaucluse *, to request the current lease be terminated immediately and our bond released, and a new lease and new bond issued in the name of the current new occupants, as the only reasonable, legal and effective method of ensuring the security of your clients property. Despite no longer living there, our bond has been used to secure their lease extension. This is against everyone's interest - especially yours and the landlords - because currently the people who live there have zero insensitive to care for the house’s condition, as a result of having no financial stake in the security deposit. It is not appropriate, effective or legal for the property’s bond to remain that paid by former tenants who no longer reside there.
It sounds like you're dealing with a tricky situation. Here are some key points to include in your letter:
- Clarify Your Position: Clearly state that you no longer reside at the property and that the bond should not be used by current tenants.
- Request Action: Ask for the lease to be terminated and a new lease and bond to be issued for the current tenants.
- Legal Grounds: Reference any relevant sections of the Residential Tenancies Act * that support your position.
- Contact Details: Provide your contact information for further discussion.
If you need further assistance, consider approaching the landlord or agency with these points.
Part *: We were the original co-tenants on the lease. We were named on the bond **** paid to the Rental Bond Board (RBO). We all moved out at various times over the last year. So all of the originally named tenants and bond-contributors no longer live there, except for one, Mr. Joshua Murray. Now, a set of up to * new residents — who we do not know— are living there, invited by Josh since we left. This group have just extended the lease, but using our bond money. It is both unfair and contrary to the purpose of a bond for our bond to be used to secure their tenancy moving forward. Thus, reissuing the lease with a new bond is the only way to protect your client’s asset and your agency’s position: It ensures current tenants pay into their lease thus have a genuine financial incentive to maintain the property responsibly and comply with lease terms.
Case Rating: *
It's crucial to address this situation swiftly. You should:
- Contact the Landlord or Agency: Request the termination of the current lease and issuance of a new one for the current tenants.
- Apply to Rental Bonds Online (RBO): Claim your bond back if the landlord or agency is uncooperative.
- Consider Mediation or Tribunal: If all else fails, the NSW Civil and Administrative Tribunal (NCAT) can provide assistance.
Have you attempted to contact the landlord or agency yet?
Part *: As it stands they have no incentive to care, because it is not their money in the bond, and therefore bear no risk for damage, arrears, or misconduct. It simplifies the lease for you and eliminates exposure to disputes or NCAT claims about who is entitled to the bond at the end of the new tenancy. It aligns with standard risk management practice: the party in possession should pay the security.
It seems like you've been dealing with a challenging situation regarding your rental bond. Here's a summary of steps you might consider:
- Contact the Agency/Landlord: If you haven't already, reach out to them to request the termination of the current lease and the issuance of a new one for the current tenants.
- Apply to RBO: If the landlord or agency is not cooperative, submit a claim to Rental Bonds Online to retrieve your bond.
- Consider Mediation or Tribunal: If necessary, apply to the NSW Civil and Administrative Tribunal (NCAT) for resolution.
Case Rating: *
Have you tried contacting the landlord or agency yet?
Part *: Under Part * of the Residential Tenancies Act * (NSW) we are entitled to our bond now. Rather than going directly into initiating a refund with the NSW Fair Training Rental Bond Online or commencing NCAT proceedings, we propose this quick, easy and practical solution. Please provide written confirmation within * business days that your agency on the landlords behalf have ended the existing lease immediately and released its bond, and reissued a new lease and new bond for the current occupants.We are confident you’ll agree this is the most logical and fair outcome for all parties. In the unfortunate event that this is not confirmed, we will proceed to claim our rightful refund of the entire bond via the RBO and have our legal representatives enforce our rights at NCAT. Yours sincerely,
**** Farrelly 
Former Tenant and Bond Holder
It seems you're navigating a complex situation regarding your bond. Here are some key points to consider:
- Contact the Landlord/Agency: Continue engaging with them to resolve the issue amicably.
- Legal Rights: Under the Residential Tenancies Act *, you may be entitled to your bond back.
- Apply to RBO: If no agreement is reached, claim your bond through the Rental Bonds Online.
- Mediation/Tribunal: As a last resort, consider NCAT for mediation or a ruling.
Case Rating: *
If you need further advice, consulting a local legal expert might be beneficial.
you're just repeating what you said before...
It seems you've received quite a bit of repetitive advice already. If you haven't already, consider these steps:
*. Direct Contact: Make sure to reach out to the landlord or agency directly for a straightforward resolution.
*. RBO Claim: If direct contact fails, proceed with a Rental Bonds Online claim.
*. Legal Action: Consider mediation or NCAT if necessary.
If you've done these, consulting a local legal expert in NSW might be the next step.
Case Rating: *