Host – Belinda Heit – Communication and Education

Guest – Jessie Andrell – Learning and Organisational Development

Host: Welcome to the Talking Tenancies podcast, brought to you by the Residential Tenancies Authority. I'm your host. Belinda Heit. Join me as we explore everything you need to know about renting in Queensland with experts from the RTA and industry, we're here to help make renting work for everyone.

Further changes to Queensland's tenancy laws commenced on 30 September 2024. These included changes relating to maximum bond amounts, supporting evidence for claims or disputes on a rental bond by a managing party, rent payment methods, utility bills, rent and costs, and compliance changes. Today's expert from the RTA to step us through the changes relating to maximum bond amounts is Jessie Andrell. Welcome, Jessie.

Guest: Thanks Belinda.

Host: Now you're back with us again by popular demand. Can you tell us about your role at the RTA and what you're responsible for?

Guest: Yeah, absolutely. Thanks so much for having me back. My role currently is that I am a Senior Quality and Training Officer in the Learning and Organisational Development team, but prior to that I was the Senior Quality and Training Officer as part of the HLA implementation team.

Host: So, tell us what's changing in relation to maximum bond amounts.

Guest: Yes, so, the maximum amount for a bond for a general tenancy or rooming accommodation agreement is now the equivalent of four weeks rent, regardless of the weekly rent amount for the property or room. Previously there was number limit if the weekly rent was more than $700.00 for a general tenancy and $500.00 for a rooming agreement.

The maximum bond that can be taken for removable dwelling will still remain as it is now, and that is; the equivalent of two weeks rent, or if electricity is supplied in the lessor's name and is individually metered, then the equivalent of three weeks rent.

Host: That seems like a simple change. What happens if a managing party took a bond prior to the legislation change though? Are they required to now refund the amount that is now more than the allowed amount?

Guest: We've had a few people ask that exact question, so I'm really glad you asked. There is no requirement under the legislation for the managing party to submit a bond refund request for the excess bond amount. However, if there is a renewal of an existing tenancy agreement on or after the 30th September 2024, then a bond contributor can request for the RTA to refund the excess amount.

Host: Oh, that's good to know. Now I noticed that you mentioned it's only when an agreement renews that a bond contributor can request a refund of excess bond. What happens if there is no renewal from 30 September this year and until the tenancy ends?

Guest: In this situation, where there is an existing agreement and it doesn't renew on or after the start date of this change to the legislation; the bond will remain as it is, and if the tenancy ends then the tenant and property manager or owner will follow the normal bond refund process.

Host: Right. So, does the excess automatically get released to the tenant in this situation? And only the balance available to be claimed through the normal bond process? Or is it that the full amount would be available for claiming by either the tenant or managing party.

Guest: Yeah. So, in this instance the bond refund, the full amount that the RTA is holding including the excess amount above 4 times the weekly rent, would be available to be claimed by either the tenant or managing party. This is also the case if there is a renewal of an agreement from 30 September 2024 and the bond contributor has not asked for the excess bond to be refunded before the tenancy ends.

Host: Okay, what steps should a tenant take if they would like a refund of the amount that's more than the new maximum?

Guest: So, this request needs to be submitted using the RTA excess bond refund request form. We also refer to it as the RTA Form 4B.

Some important requirements to be aware of before completing the forms are [as follows]. The current bond must be more than the equivalent of four weeks of the current rent. The tenant must not be moving to a new property. The tenancy must not have ended, and the signature of all bond contributors must be on the form. This process doesn't start the usual RTA notice of claim process where the manager or owner is advised of the tenant’s claim. This is because of the legislation, as the funds must be released to the tenant if there is an excess and they request for the RTA to release the excess to them when an agreement is being renewed from the 30th September 2024.

Host: What are the important pieces of information that a tenant must make sure they provide?

Guest: The excess bond refund request, so that form 4B, asks for specific pieces of information about the tenancy, including the rental bond number, weekly rent amount and the day the tenancy was renewed. It also asked for information about the tenants, including current contact information and bank account details. Providing accurate bank account information is really important to ensure the refund process goes smoothly. Actually, while renting, it is always important to keep your contact details up today with the RTA whether you are a tenant or a managing party, so you don't miss important notifications.

Host: Yes, it's very important to make sure that your details are always up to date with the RTA. What happens after the excess bond refund request is received? Will the managing party receive a notice?

Guest: Well, as I mentioned earlier, the excess bond refund process doesn't start the usual notice of claim process. So no, there won't be notifications sent when the bond refund is in the process of being refunded. However, once the process is complete and the excess has been refunded, then a notification will be sent to all parties notifying them of the new bond amount that the RTA is now holding.

Host: Cool. So, what steps could a managing party take to ensure a smooth transition?

Guest: One important step is to ensure that the RTA is always informed when the rent amount for the property changes. This is so we can update on the bond record and know what the maximum bond amount is. If you are a managing party, you can check the rent amount that the RTA has on the bond by using the bond search function online.

If it's not the correct, then we please encourage you to email or call the RTA to have it updated. Also, if a managing party would like to be proactive and have greater control of the process then they may like to consider releasing any excess bond during the tenancy through the normal partial bond refund process. To do this, they should use the paper Bond refund form (Form 4). [Select] ‘do not finalise’ at the top of the form and then specify just the excess amount to be refunded in the relevant field.

Of course, they must also make sure they sign the form before posting in the mail. The RTA will then process the form and release only the excess amount. This process will provide the managing party with greater visibility over what is happening with the bond.

Host: Those sound like some really good tips, Jessie, before we finish up today. Can you tell us what happens if a person provides false and misleading information on and access bond refund request form?

Guest: It is an offence to provide false or misleading information to the RTA, including information provided on any of our forms. This applies to all customers, so that includes managing parties and tenants. Therefore, we do encourage everybody to read the information, instructions and disclaimers on our forms carefully and thoroughly, and ensure they comply before submitting the excess bond refund form, or any form, to the RTA. And just to reiterate and remind our listeners, the tenancy must have been renewed on or after 30th of September 2024 for a bond contributor to be able to request a refund of any excess bond amount.

Host: Good to know. Now if our audience would like further information or resources. Where can they find it?

Guest: As always, we would encourage people to stop by visiting our RTA website. There is plenty of information on there to assist people before, at the start, during and at the end of a tenancy. This includes frequently asked questions, fact sheets, short videos and webinars.

Host: Yes, and podcast like this. The RTA website has so much helpful information.

Thank you, Jessie, for joining us today and helping to give us all a better understanding about the changes to maximum bond amounts starting on 30 September 2024.

Guest: My pleasure. Thanks for having me.

Host: Thank you for listening to the Talking Tenancies podcast. For more information about the Residential Tenancies Authority, visit rta.qld.gov.au.