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Disputes about security deposits are dealt with by the Residential Tenancy Commissioner. If the tenant disagrees with the amount of the security deposit that is returned by the owner, the tenant may lodge a written application with the Commissioner and request that the Commissioner make a decision about the matter.
An application to the Commissioner can be obtained from the Office of Consumer Affairs and Fair Trading, and must be accompanied by:
Click here to obtain a copy of an Application for Determination of Security Deposit Dispute form.
Commissioner will notify owner of dispute
On receipt of an application from a tenant the Commissioner will write to the owner requiring that:
If the owner wishes to send information which supports their view about the security deposit they must also pay a fee of $15.
If the owner fails to lodge either the amount in dispute or a copy of the condition report with the Commissioner within 7 days, the owner may be prosecuted for an offence under the Act.
Decision of the Commissioner
The Commissioner will decide how the security deposit should be distributed and notify the owner and the tenant. Any party may appeal to the Magistrates Court against the Commissioners decision within 7 days of being notified of the decision. If there is no appeal, the security deposit will be distributed in accordance with the Commissioner's decision. If there is an appeal, the security deposit will be distributed in accordance with the decision of the Court.
Further information about the Commissioner may be found on the Residential Tenancy Commissioner web page.
If you have a problem with your owner or agent
If you have a problem about your tenancy, you should first discuss this with the owner or agent. If you cannot solve the problem or you need further information or advice, contact Consumer Affairs and Fair Trading.
Enforcing rights in a court
Generally, your rights under the Residential Tenancy Act 1997 are enforceable through the Magistrates Court, however it may be useful to seek advice before taking this action.
Applying to the court
If you want to enforce a right in the court, you should go to the Magistrates Court, which will assist you in completing the appropriate form. The Magistrates Court has prepared information pages for property owners and tenants.
