Getting a bond back on group share rental

[simonjulie]

Hi All
I thought I would put this out there in the hope that someone may be able to offer some help resolve the following delema.
My 18 year old daughter moved to Brisbane earlier this year and found accommodation in a shared house with two others who where already living in the house. She was asked to pay a bond equal to four weeks rent to secure the lodging. This money was paid to one of the tenants and she received a written receipt for the bond from him. My daughter has since found another place closer to her interests and gave the others two weeks notice and when she asked for her bond to be returned they told her that she would not get it until the room was re-let. This was some weeks ago and being a student needs every cent.
Does anyone have any helpful suggestions so that she may be able to solve her problem?
Kind regards
Simon

 

[Steve KKK]

Simon,

Is it a requirement for all bonds to be deposited to a Rental Board in Qld? If so, perhaps she could approach them and they can do something. As she wouldn't be on the original lease they may be powerless, but they might at least put the wind up him.

If all else fails, I know some big islander football players up there.

 

[simonjulie]

Thanks SteveKKK
I know option 1 is the correct one, but I really like option 2
Kind regards
Simon

 

[nic]

In Qld it is a requirement that all rental bonds be lodged with the RTA (residential tenancy authority). Failure to do so can result in the landlord being fined to the tune of $3,000. When the existing tenants sublet one of the rooms they created a subtenancy situation that is governed by the same laws that all normal tenancies in Qld. Your daughter can ring the RTA on 1300 366 311 and lodge a complaint with them. If she needs help / support she can talk to a Tenant Advocacy Service (look in the Yellow Pages for the closest one). She has 6 months to lodge the complaint, after that it becomes more complicated. Hope the situation is resolved quickly and satisfactory.

Cheers
Nic

 

[The Y-man]

Tenant's Union of Qld

http://www.tuq.org.au/index.asp

Hope this helps.

Cheers,

The Y-man

 

[nic]

And yeah, most importantly, tell her not to lose the bond receipt.

Nic

 

[simonjulie]

Thanks folks
Your have all been most helpful.
I will pass on the info to her.
Kind regards
Simon

 

[shazza]

Writing as a former uni student who used shared accom during uni, the situation sounds like she paid the bond not to a RTA but to the guy who has the lease for the unit (or house or whatever). Did she answer an add at uni or hear about it from a friend? Sub-letting from the lease holder is the usual arrangement with people who dont know each other because of the transient nature of students.
If this indeed the case the unwritten law is for you to help secure a tenant and if you move out without a new person coming in you lose part of your "bond". Harsh I know but she is sharing with other student who also dont have much money and cant afford to cover the rent on the room.
Good luck.
Sharyn

 

[nic]

...the unwritten law is for you to help secure a tenant and if you move out without a new person coming in you lose part of your "bond". Harsh I know but she is sharing with other student who also dont have much money and cant afford to cover the rent on the room.

I am sorry, but what kind of perverted logic is that? If the original lease-holders couldn't afford the place they shouldn't have signed a lease on it in the first place. Why should someone else cover the shortfall for them? If she got together with a few people and they all signed a lease for the place and then she changed her mind and moved out than it's a different matter and she would be responsible for finding another tenant. But if these people had a vacant room which they rented out to her on a week by week basis (ie no lease agreement), and she has given them 2 weeks notice, she should not be responsible for the room after moving out and should have her bond back - that is according to the law as well as common sense and fairness.

I am in a tight financial situation at the moment and has sub-let a spare room in my rented apartment. I've had a few people stay through the year, tourists, students and the like. Although in NSW there is no requirement to lodge the bond with the Rental Board, never in a million years would I dream of keeping part of the bond or demanding that the exiting flatmate found a replacement! I accept that the place is my responsibility since I am the lease-holder. And if it comes to the point when I can't afford it any longer, I will just have to move into a smaller place or a cheaper area.

Simon, assuming your daughter has left the premises in the original condition, she is entitled to have her bond back in full. Do not give in to the free-loaders who make everybody else responsible for their life-style choices.

Cheers
Nic

 

[simonjulie]

Thanks Folks
This is all good
My daughter has taken heart from your support and has negotiated with the other tenant to come over and pick up her bond today. Fingers crossed.
Thankyou all
Simon
post note
She got it back
mission accomplished

 

[Gill Bates]

Re "never in a million years would I dream of keeping part of the bond or demanding that the exiting flatmate found a replacement"

Wether this is reasonable depends on what the incomming tennent agreed to. If the incomming tennent agreed to stay a fixed period of time and now they want to leave early, I think it is reasonable they cover they rent until they find another person to take their place , for the remaining of the agreed period. Conversely , if their was no such fixed period discussed between the parties, then I think 2 weeks notice to move out is reasonable, with the bond returned ( minus any pro rata charges if their are any - maybe utilities )

 

[nic]

If the incomming tennent agreed to stay a fixed period of time and now they want to leave early, I think it is reasonable they cover they rent until they find another person to take their place , for the remaining of the agreed period.

That's right, because in that case they have a "verbal" lease agreement. But normally in sub-letting this is not done. If the "landlord" is leasing the place from someone else and his lease has expired so he is on a week by week basis, then he can't enter in a long term agreement with the sub-tenant, since he himself can be kicked out of the place with a relatively short notice.

In my case I also don't do it because I am afraid of getting a flatmate who is difficult to live with, and not being able to kick him/her out. As it is in NSW the law requires giving 2 months notice, and in a share situation, if you don't get along, this could be a nightmare.

So Simon, did your daugter get her bond back?

Nic

 

[Able]

Simon,
I had a similar situation a few years ago in NSW. I moved out of the shared place and my bond was not returned. My name was registered with Fair Trading (std NSW requirement) as one of the names on the bond form. The tenancy lease was finalised and the other 2 tenants entered into a new lease. What i discovered was that i had no recourse through Fair Trading for the return of my bond because the tenancy had not ended (ie. the other tenants were still living in the property under a new lease - so no end of tenancy). A new person moved in to the property in my place and did not pay a bond, and i was the one out of pocket. Eventually the tenancy did end and i did receive my share of the bond.

If QLD is similar to NSW i would suggest that your daughter ensures that she signs and takes copy of a 'change of details' form for the bond upon payment of any new bonds.

Alistair

 

[simonjulie]

Thanks Folks
This is all good
My daughter has taken heart from your support and has negotiated with the other tenant to come over and pick up her bond today. Fingers crossed.
Thankyou all
Simon
post note
She got it back
mission accomplished

Yes She got it back so we can all live happily ever after

 

[HeirConditioner]

It's a real trap for young players.

Being a former Queensland student, and living in numerous share houses, I know the perils. If you pay bond you should always ensure that you are going on the lease. At least this way you know that your bond is safe.

On the other hand, being on the lease opens up a new real of responsibilities. If your housemates destroy the house, you may be liable, and will probably lose your bond at the very least.

Generally you won't get your bond back until a replacement tenant is found. This is true whether or not you are on the lease, but legally not very solid if you are not on the lease. But it's probably not an issue for the Rental Tenancy Authority - as long as you get it back eventually.

It's very common courtesy to give two weeks notice *and* not expect your bond back until the room is re-let. By the strict letter of the law, it's not enforceable, but to counter Nic above, the lease holder is actually doing the sub-lessee a favour by allowing them to rent without a signed lease, and without a long term commitment. The least you can do is find a replacement if you have to lease at short notice. And if you don't find a replacement, you should expect to wait for the 'bond' to flow from the new tenant to you.

Of course, the bond that Simon's daughter originally paid would have gone to the previous occupant. The other individual, also a student, probably wouldn't have that kind of money available to 'loan' until the new bond was delivered.

 

[Amarantha]

What HeirConditioner said. As a poor student, I was screwed more than once by fellow tenants skipping out without finding a replacement, and they were even *on* the lease. I definitely didn't send them a bond refund until a new tenant had been found because frankly I didn't have the money. If landlords can have legal protection against tenants who break a lease, why can't their fellow tenants have the same protection?