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Renters can start a bond claim any time after a rental agreement has ended. Renters may want to do this to claim their bond as quickly as possible or if there are problems getting another renter to sign or agree to a claim.
Renters do not need the agreement of other parties on the bond to start a claim, but other parties can contest the claim if they disagree.
The RTBA is required by law to give notice to all other parties on the bond so that they have the chance to contest the renter’s claim. This is done by making an application to VCAT or RDRV for the bond. If the party provides the RTBA with proof of the application, the RTBA will cancel the claim. Find out more about going to VCAT.
Other parties have 14 days to contest the claim, or the bond will be repaid as directed in the claim.
You must have your own unique email address recorded with the RTBA to start a claim. You can update your details before starting the claim if needed.
Reasons to claim a bond as a renter
Renters might want to claim a bond themselves to retrieve their bond as quickly as possible or if there are problems getting another renter to sign or agree to a claim. This might be because of an ongoing dispute, or if the rental provider or another renter is not responsive.
Although renters are encouraged to seek mutual agreement with the rental provider on the distribution of their bond, a renter can choose to initiate a bond claim any time after the rental agreement has ended.
How to claim a bond as a renter
Go to the RTBA website and select the ‘Claim your bond’ tile. After a renter looks up their bond, the renter must authenticate their identity through Service Victoria to start a claim. The renter will also be asked how the bond should be distributed. If there is more than one renter receiving payment, their share will be split equally.
The rental provider and all other renters on the bond will receive an email notification with a link to review and accept the claim. If any party wants to contest the claim, they must do so within 14 days or the bond will be paid out as directed in the claim.
If a party is not contactable by email, the RTBA will send a postal notification and the response time will be extended to 20 days.
Renters can attach a VCAT order to their claim submission. In this case, the claim will be reviewed by the RTBA instead of other parties on the bond.
Renters cannot start a claim if there is already a claim in progress. If the renter disagrees with a pending claim started by the rental provider, they can request a change to the claim.
Accepting a renter-initiated claim
Responding parties can accept a claim initiated by another renter. They cannot reject the claim, although they can contest.
If a responding renter is receiving a repayment, they can provide their banking details when they accept the claim so repayment can be made by the RTBA. Any repayment to parties who have not provided their banking details will be retained by the RTBA.
Managing a claim as the initiating renter
Once a renter has submitted a claim, they can look up their bond summary on the RTBA website using the ‘Look up your bond’ function to know if other parties have accepted the claim.
The initiating renter can cancel the transaction through the bond summary. They may want to do this if they have since come to an agreement with the other parties on the distribution of the bond. Cancelling the renter-initiated claim will allow the rental provider to submit a claim.
How long does a renter-initiated claim take?
The RTBA pays the claim to the initiating renter after 14 days if no other party contests the claim. If there is a party that cannot be contacted by email, the RTBA will send a postal notification and the response time will extend to 20 days.
If all parties accept the claim, the transaction will be finalised and the bond will typically be repaid within one business day. This is the same as a claim initiated by a rental provider.
How to contest a renter-initiated claim
If you disagree with the claim a renter has submitted, you can contest the claim by making an application to VCAT or Rental Dispute Resolution Victoria (RDRV) for the bond and submitting the reference number to the RTBA. You can contest the claim whether you are a rental provider or another renter on the bond. Read more about making an application to VCAT or RDRV for a bond dispute, visit the RDRV website.
Once you have made your application:
- Open the transaction using the link in the claim notification email you received from the RTBA.
- Update the transaction, and select that you are disputing the claim.
- Enter your VCAT or court reference number.
- Submit your response. You will not be able to submit if your VCAT reference number is not valid.
The claim will be cancelled only once the response period for the claim expires. The system will double-check that the application reference is still valid at the end of the response period (i.e. checking that the application was not cancelled or withdrawn).
If you cannot validate your VCAT or RDRV reference, you can submit your reference document to the RTBA for their review. If the document is valid, the RTBA will cancel the claim on your behalf.
The initiating renter will be informed that the bond claim has been cancelled.
Sections of the Act
If you want to know what the law says about claims initiated by renters, you can read these sections of the Residential Tenancies Act 1997:
- Section 411 – Claims for rental bonds
- Section 411AD – Disputed bond claims