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The Residential Tenancy Commissioner is appointed by the Minister and determines disputes about residential tenancy security deposits (bonds). The Residential Tenancy Amendment (Boarding Premises) Act 2003 now extends the role of the Commissioner into dealing with disputes arising in boarding premises.
In relation to residential tenancy agreements, the information below relates only to disputes about security deposits (bonds). If you have a general question about renting, go to the page on Renting in Tasmania. If you have a dispute about a matter other than a security deposit, or not concerning arrangements in boarding premises, the dispute may be considered by the Magistrates Court.
Further information on matters relevant to the Residential Tenancy Commissioner follows.
A security deposit is an amount deposited with the property owner at the start of the tenancy. This amount is security for the tenant's obligations under the agreement. The Residential Tenancy Act 1997 restricts the amount of security deposit that an owner can receive to an amount equivalent to 4 weeks rent.
If the tenant fulfils all of their obligations under the agreement, such as paying the rent and looking after the property, the security deposit should be returned in full.
However, if the owner suffers a financial loss because the tenant does not fulfil an obligation under the agreement, they may be entitled to keep all or part of the security deposit.
The Residential Tenancy Act says that if a security deposit is paid, the owner must complete a condition report. Two copies must be given to the tenant when they move into the property. The tenant must make whatever notations are appropriate (where they disagree or wish to add other things) and return one of the forms within 2 days.
A condition report that is completed, as detailed above, is evidence of the condition of the property at the start of the tenancy.
If you disagree with the amount of security deposit you get back at the end of the tenancy, you should first discuss this with the owner. If damage has been repaired or cleaning has been done, ask for a copy of the invoice for the amount paid. If you are still unhappy and cannot resolve the matter, then you should apply to the Commissioner to have the dispute resolved.
If you dispute the amount of security deposit that the owner has returned, you may complete an application form and have the dispute considered by the Commissioner. The application form can be obtained by telephoning 1300 654 499 or by downloading the document below.
Click here to download the Application for Determination of a Security Deposit Dispute
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The form should be accompanied by:
Once you have made an application, the Commissioner will contact the owner and obtain information with which to consider the dispute. The time taken to consider each dispute varies but you will ordinarily be notified of the outcome within a matter of weeks.
The Residential Tenancy Commissioner deals with disputes according to a set of guidelines. These deal with matters such as 'natural justice' and 'procedural fairness', and the meaning of 'fair wear and tear'.
Click here to download a copy of the guidelines.
A person who is aggrieved by an order made by the Commissioner may appeal to a Court within 7 days.
The magistrate will rehear the matter and may confirm or set aside an order. The magistrate may also substitute another order if the order is set aside.
Where a tenant leaves a property before the expiry of their agreement they will normally be responsible for rent until a new tenant is found (subject to the owner making reasonable attempts to find a new tenant). In addition to a loss of rent, the property owner or their agent may claim the actual costs of finding a replacement tenant.
The Commissioner's function is to determine disputes arising in relation to the disbursement of security deposits. The Residential Tenancy Amendment (Boarding Premises) Act 2003 also provides that the Commissioner may, in the case of boarding premises, act in mediation or conciliation of any disputes between the parties.The Residential Tenancy Act 1997 empowers the Commissioner to do anything necessary or incidental to carry out functions under the Act, including the delegation of those powers to any person, and provides particular powers relating to the making of an order under section 48I.
Application to Commissioner
Either party to a boarding premises agreement can apply to the Commissioner. A family member, friend, support worker or social worker can also apply to the Commissioner on behalf of a tenant. Application may be made in writing to:
Office of the Residential Tenancy Commissioner
GPO Box 1244
HOBART TAS 7000
Advice can be obtained by contacting Consumer Affairs and Fair Trading on 1300 654 499.
Orders
In relation to Boarding Premises, the Commissioner may make:
However, the Commissioner cannot make an order under section 41 (order of termination) or section 45 (order for vacant possession).
Appealing an Order of the Commissioner
A person who is aggrieved by an order made by the Commissioner may appeal to a Court within 7 days.
The magistrate will rehear the matter and may confirm or set aside an order. The magistrate may also substitute another order if the order is set aside.
House Rules
House rules are not compulsory in boarding premises. However, where they do apply house rules must apply to all tenants equally and must be consistent with the Act.
A house rule can be challenged on the basis that it is not consistent with the Act. An application can be made to the Residential Tenancy Commissioner to resolve an issue over a house rule.
Copy of Information
Boarding premises tenants are also to be supplied with a copy of any information relating to rights and obligations under the residential tenancy agreement as the Director of Consumer Affairs may direct.
The Commissioner can make an order that the tenant be supplied with information under the Act.
