Bond refunds for persons experiencing domestic and family violence
When a tenant ends their interest in their tenancy on the grounds of experiencing domestic and family violence and vacates the property, the vacating tenant or the managing party can lodge a bond refund using this form.
Changes to Queensland rental laws came into effect from 6 June 2024. Further changes began on 30 September 2024. Learn more.
For simplicity and ease of reading, both tenants and residents will be referred to as tenants. The phrase tenancy will cover tenancies and residencies, and managing parties will refer to all property managers/owners, agents and managers/providers.
When a tenant ends their interest in their tenancy on the grounds of experiencing domestic and family violence and vacates the property, the vacating tenant or the managing party can lodge a bond refund and must use the Bond refund for persons experiencing domestic and family violence (Form 4a). This is a paper form only and can be lodged via email. It is not available via RTA Web Services.
The RTA can only process a rental bond refund after the tenant has vacated the property and their interest in the residential tenancy agreement has ended.
Important: To ensure the safety and privacy of the person experiencing domestic and family violence, the RTA will only correspond with the tenant and the managing party in the refund process and NOT any remaining tenants or co-contributors to the bond.
How is a bond refunded when a tenant ends their interest in a tenancy due to experiencing domestic and family violence?
The vacating tenant must first end their interest in their tenancy on the grounds of experiencing domestic and family violence by providing a Notice ending tenancy interest (domestic and family violence) (Form 20) supported by relevant evidence to their managing party.
Once the vacating tenant’s interest in the tenancy has ended, a tenant or the managing party can request the vacating tenant’s bond contribution to be refunded by completing the Bond refund for persons experiencing domestic and family violence (Form 4a). This is a paper form only and can be lodged via email. This form is not available via RTA Web Services.
When a tenant ends their interest in an agreement using a Notice ending tenancy interest, they:
- are not responsible for costs associated with ending their interest in the agreement, goods left behind at the property or reletting costs
- are not required to repair or compensate the property manager or owner for damage to the property or inclusions caused by an act of domestic and family violence they have experienced
- are still responsible for other costs associated with breaching terms of the agreement (for example, rent arrears).
Rental bonds lodged on or after 30 September 2024 require supporting evidence to be provided to a tenant/resident when a property manager/owner claims or disputes a bond refund request. This must be done within 14 days of the bond claim or dispute. Not providing supporting evidence to a tenant/resident when a claim or dispute is made against a bond is an offence.
For rental bonds lodged with the RTA before 30 September 2024, a 12 month transitional period from 30 September 2024 to 30 September 2025 applies. Evidence does not need to be provided for bond claims until after this period expires for bonds lodged with the RTA before 30 September 2024.
When there is agreement on how a tenant’s bond contribution is to be refunded
The bond contribution can be refunded quickly if:
- the total refund amount on the form equals the vacating tenant’s bond contribution amount in the tenancy agreement, and
- the vacating tenant and the managing party both sign the refund form.
Important: any remaining bond contributors are not required to sign the refund form.
When there is no agreement on how a bond is to be refunded
This refers to when the vacating tenant and managing party have not agreed about how the bond should be paid and/or only one of them has signed the refund form.
If the vacating tenant and the managing party can agree to a portion of the refund, the RTA will release any undisputed bond amount/s and hold any disputed bond amount/s.
Remember: if the party receiving the Notice of claim takes no action before the 14-day notice period expires, the RTA will automatically pay the bond refund or contribution as per the original refund request.
What happens if the bond refund is disputed?
If the tenant and managing party are unable to resolve a dispute, they can request to have free dispute resolution through the RTA by submitting a Dispute resolution request form (Form 16). A conciliator will contact the parties and help them come to an agreement. If no agreement is reached, the conciliator will issue a Notice of unresolved dispute, allowing the disputing party to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a decision.
If you are a managing party and wish to dispute the refund of a vacating tenant's bond contribution, it is important to remember:
- the vacating tenant is not responsible for certain costs (see more information above)
- you are required to follow the bond dispute process even if you have made another application to QCAT (such as an application to set aside the Notice ending tenancy interest).
If you receive a Notice of claim and do not submit a dispute resolution request within the specified timeframe, the bond will be paid in accordance with the refund form.
What if the bond involves a bond loan?
If you have an outstanding amount on a bond loan with the Department of Housing and Public Works, (DHPW) please contact the department to discuss how this affects the bond loan balance. Please contact DHPW using the contact details below.
- Call 1800 501 702, email HousingEnquiry@smartservice.qld.gov.au or visit housing.qld.gov.au.
For more information on bond loans, please visit our bond loan webpage.
Further information
For more information contact the Residential Tenancies Authority.
Accessing RTA Forms
The RTA's forms can be obtained electronically or in person by contacting us.
Other languages: You can access a free interpreter service by calling the RTA on 1300 366 311 (Monday to Friday, 8:30am to 5:00pm). |