If you cannot agree on the bond
If you and your landlord/agent or owner cannot agree on the division of the bond, you may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a hearing to resolve the matter. Application forms are available from the VCAT website or by calling 1300 01 8228 (1300 01 VCAT). Calling this number costs the same as a local call. Additional charges may apply if you call from overseas, on a mobile or payphone.
As a tenant or resident, you may apply to VCAT for a hearing relating to bonds at any time after the end of the tenancy or residency.
If you receive an order from VCAT directing the Residential Tenancies Bond Authority (RTBA) to release the funds, a Bond Claim form must be completed with payment details. The complete VCAT order must also be attached to the form. You do not need the signature of the landlord/agent or owner.
If signatures do not match
The RTBA matches the signatures of tenants, residents, landlords/agents and owners with the signatures registered via Bond Lodgement or Tenant Transfer forms.
If the signatures do not match, the RTBA will usually return the Bond Claim form to the landlord/agent or owner to be re-submitted. The notice covering the return will set out the RTBA requirements, including the options of:
- submitting a new form with signatures signed in the same manner as the original signature held by the RTBA, or
- the landlord or owner providing a statutory declaration confirming the identity of the signatories and providing the RTBA with an indemnity against loss, or
- the agent providing an Agent Certification of Tenant Signatures letter confirming the identity of the signatories and providing the RTBA with an indemnity against loss, or
- providing an order from the Victorian Civil and Administrative Tribunal or a court directing the RTBA on how to repay the bond.
Change of name
If you change your name by marriage or by deed poll during your tenancy or residency, attach a copy of the Marriage Certificate or Change of Name Certificate to the Bond Claim form or the Tenant Transfer form when it is submitted to the RTBA.
If a party to the bond cannot sign the form
The RTBA will accept an authority in writing (by post or fax but not email) authorising the disbursement or transfer of the bond. This letter must be attached to the form when it is submitted and include a signature that the RTBA can match to its records.
If a party cannot be contacted, an application should be made to the Victorian Civil and Administrative Tribunal seeking an order directing the RTBA to repay or transfer the bond.
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