In most instances, tenancies run smoothly and people are able to resolve their tenancy issues on their own.
On the other hand, there are certain cases in which the property manager or landlord seeks the help of the RTA to assist them on what to do when their tenants have not fulfilled their obligations and owe them more money than the bond.
This happens if a tenant has not paid all the rent that is due. It can also be that they have caused damage, or did not do general cleaning, at the end of the tenancy, or if there is anything stated in the tenancy agreement that they have not fulfilled. Tenants are expected to return the property to the same condition it was at the beginning of the tenancy, except, normal wear and tear.
It is important that you let the tenants know that you will be claiming the bond. Then, you must submit a Refund of rental bond (Form 4) via the RTA website.
The bond will be paid to the property owner/manager if the tenant does not dispute the claim. In cases when there is additional money owed, the owner can try to reach an agreement with the tenant to pay the money owed. Some owners and tenants opt to negotiate a payment plan in which money is paid back in installments in case the tenant cannot pay the full amount at once.
This is fine, but make sure that in whatever arrangement you make with your tenant, you put it in writing and see to it that everyone signs it.
In cases in which conflicts arise and you are unable to reach an agreement on your own, submit a Dispute resolution request ( Form 16). You can then apply to seek an order for the outstanding money from the Queensland Civil and Administrative Tribunal (QCAT) once the process of the RTA conciliation is complete and a Notice of unresolved dispute is issued.
You must complete a ‘non-urgent’ application form if you want your issue to be heard at QCAT. Take note that timeframes apply.
