Ending a Tenancy - Bond Refunds

Bond refunds

A bond refund request should be completed and sent to the RTA when the tenancy has ended.

The quickest and easiest way to get a bond refund is for the tenant and the property manager/owner to reach agreement about how the bond is to be paid out.

If you have provided the RTA with an email address, we will send you updates on the progress of your bond refund.

 

Agreed refunds

• there must be an agreement on how the bond should be paid
• everyone listed on the bond signs the refund form

On average you will receive your bond refund within 2-3 days of the RTA receiving your completed form. We encourage clients not to call until this timeframe has elapsed.

Refunds are only paid into Australian bank accounts (no cheques).

Disputed refunds

• not everyone signs the same bond refund form, and/or
• there is no agreement about how the bond should be paid

When this occurs the RTA:

• releases any undisputed amounts
• holds any disputed amount/s, and
• sends a Notice of claim to the people who did not sign the refund form. They will have 14 days to dispute the bond claim.

The RTA may assist with dispute resolution if a dispute resolution request is received with 14 days.

Bond loans

The RTA will deduct the amount owing on the bond loan from the tenant’s refund and pay it directly to the Department of Housing and Public Works.

Requesting a refund

• Web Services
• post: RTA, GPO Box 390, Brisbane Q 4001

Emailed or photocopied forms will not be accepted.

Important: If you are unable to use RTA Web Services or post and you need urgent help to submit a bond refund form, please call RTA on 1300 366 311 and we'll help you.

It is an offence under Queensland tenancy law to knowingly give false or misleading information to the RTA.

 

If all agree about bond refund

If the tenants/residents and the property manager/owner or provider agree about the bond refund:

• they all sign the Refund of rental bond form (Form 4) and submit it to the RTA via Web Services, by mail or in person
• if the form is signed as agreed by all people the bond refund is generally processed within 2-3 working days
• the fastest way to get a bond refund is to provide bank account details via the RTA's Update Your Details Web Service or on the bond refund form.

 

If all do NOT agree about refund

If the tenants/residents and lessor/agent/provider do not agree about the bond refund at the end of the tenancy:

Either the tenant/resident OR the property manager/owner or provider can complete and submit a Refund of rental bond (Form 4) to the RTA via Web Services, by post or in person (note: emailed forms will not be accepted) without all the signatures. This is called making a claim on the bond. A Refund of rental bond only requires 1 signature of a person named on the bond record to begin the bond refund process.

The RTA will process this form by:

• releasing any undisputed amounts of the bond as directed on the Refund of rental bond form
• holding any disputed amounts
• sending a Notice of claim to any party who did not sign the form

Then the process is:

• If they do not respond within 14 days, the bond is paid in full to the person whose bond refund form was processed first.
• If they do respond and dispute the claim, they will need to go through dispute resolution with the RTA.
• If an agreement is reached, all people sign the Refund of rental bond form and the bond is paid out as agreed.
• If an agreement is not reached, the person whose Refund of rental bond form was not processed first can apply to the tribunal for a decision. They must do so within 7 days and notify the RTA in writing that they have lodged the tribunal application by the due date.
• If no tribunal application is lodged, the RTA will pay the bond to the person whose Refund of rental bond form was processed first.

Carpet cleaning and pest control

At the end of a tenancy the tenant must leave the property in the same condition it was in at the start of the tenancy, apart from fair wear and tear.

Carpet cleaning

If the carpets were cleaned to a certain standard at the start of the tenancy, the tenant must ensure the carpets are cleaned to that same standard at the end of the tenancy.

However, the property manager/owner cannot require the tenant to:

• leave the property in a better condition than it was in at the start of the tenancy (e.g. require carpets to be steam cleaned when this wasn’t done before they moved in)
• purchase goods or services (e.g. a carpet cleaning service)
• use a specific carpet cleaning service
• pay a set fee for carpet cleaning

These are offences under the Act.

Whether or not it is appropriate for a special term to be included about professional carpet cleaning/pest control at the end of a tenancy depends on the particular case and circumstances.

For example, in March 2018, the RTA successfully prosecuted a property management agency for breaches of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) including unlawful conditions in tenancy agreements that required tenants to have carpets and curtains professionally cleaned at the end of a tenancy. A penalty of $6,000 was handed down with an additional $2,500 for unlawfully entering a tenant’s home.

In 2019, a QCAT appeal case found that where a tenanted property had been fumigated and the carpets professionally cleaned at the start of the tenancy, a special term in the tenancy agreement requiring the tenant to have the carpets professionally cleaned at the end of the tenancy and the premises fumigated by a professional fumigator was enforceable, as it was considered essential to the tenant returning the property to the same condition. In this instance, the tenant had kept four inside dogs and a budgie at the property, and had attempted to undertake their own carpet cleaning and fumigation treatment.

In this case, QCAT considered the special conditions amplified, but did not intend to modify the terms of the RTRA Act and General Tenancy Agreement.

The Magistrate noted, however, that the position may be different had the carpets not been professionally cleaned at the start of the tenancy, as a tenant is only required to leave the premises, as far as possible, in the same condition that it was in at the start of the tenancy, fair wear and tear excepted.

Pest control

If the property was free of pests at the start of the tenancy the tenant must ensure the property meets that same standard at the end of the tenancy.

However, the property manager/owner cannot require the tenant to:

• leave the property in a better condition than it was in at the start of the tenancy (e.g. require pest control when the property had pests when they moved in, or require professional pest control if this was not done at the start)
• use a specific pest control service
• pay a set fee for a pest control service
• use a particular pest control product

These are offences under the Act.

Fair wear and tear

Normal use and ageing may affect the condition of a rental property over time. At the end of a tenancy the tenant must return the property to the same condition it was in at the start of the tenancy. Fair wear and tear should be considered when assessing the condition of the property.

• thoroughly complete the Entry condition report or Entry condition report (Form 1b) for moveable dwellings/sites, or Condition report (Form R1) for rooming accommodation at the start of the tenancy
• note any damage or deterioration of the property
• thoroughly complete the Exit condition report (Form 14a) or Exit condition report (Form 14b) for moveable dwellings/sites at the end of the tenancy. There is no Exit condition report for rooming accommodation.
• take photos to support the report

The entry and exit condition reports will be compared at the end of the tenancy to determine the condition of the property.

Unclaimed bonds

A bond may be considered 'unclaimed' if the bond refund is not paid out when a tenancy has ended.

Most commonly, when a tenancy ends, a Refund of rental bond (Form 4) is completed by the tenants and the property manager/owner. The parties agree on how the bond will be refunded and the funds are paid by direct deposit into a nominated Australian bank account.

Tip

Bonds can only be refunded to a current Australian bank account. Make sure you include these details on your form.

If you have previously rented and vacated a property, or managed one in Queensland, and believe you are owed a bond refund, call the RTA on 1300 366 311. You must be able to provide sufficient details related to the tenancy before the RTA will re-issue a payment.

Tenants should inform the RTA of their forwarding address and email when they move. The property manager/owner is not responsible for updating tenant’s details with the RTA.

You will need to provide:

• Full name
• Address of the former rental property
• You will need to know at least 3 other things about the tenancy such as:
• Other tenants names
• The lessor, agent or provider
• Weekly rent paid
• Bond amount
• Tenancy start and end dates
• A copy of your old tenancy agreement would be useful
• Your bank account details, which you can provide quickly and easily via the RTA’s Update Your Details Web Service. Alternatively, you can fill in a Update your details form and email it to the RTA. 

Tips for moving out

Clean the property thoroughly before you move out or hire a professional cleaning company to do it for you.  

• Kitchen
• clean all cupboards (inside and out)
• wash all countertops and surfaces
• clean inside and outside of oven, microwave, dishwasher, fridge, defrost freezer (if supplied)
• clean cooktop, grill and rangehood
• clean sink and taps (including descaling)
• clean windows, window sills/tracks, window and door frames and fly screens
• sweep/vacuum and wash floors  
• Bathroom
• clean sink, toilet and bath (including taps)
• clean tiles
• remove any mould from walls/tiles and ceiling
• wash shower curtain/clean shower doors or enclosure
• clean all surface areas, shower rails and mirrors
• sweep and wash all floors
• Other rooms
• dust and wash all surfaces
• dust and wash door and window frames and window sills/tracks
• clean mirrors
• dust fans
• wipe outside of air conditioning units, clean filters
• clean out any cupboards or wardrobes
• dust and clean skirting boards
• vacuum and wash floors
• Outdoor areas
• mow grass, weed and trim edges
• clean out any leaves or debris in the pool (check for any special conditions in the tenancy agreement)
• sweep external areas
• empty and wash out bins
• remove any oil stains on driveway or in garage
• remove cobwebs
• General
• remove all rubbish from property
• get carpets cleaned and pest control conducted if specified in the agreement

After the property is cleaned

• move all your possessions from the property
• complete the Exit condition report (Form 14a) or the Exit condition report (Form 14b) for moveable dwellings/sites, in a systematic way (room by room) and use extra pages if needed.
• ask for a copy of the Entry condition report (Form1a) or the Entry condition report (Form1b) for moveable dwellings/sites from the property owner/manager if you do not have one. It will be compared to the Exit condition report.
• provide your forwarding address to the RTA and include it on the Refund of rental bond (Form 4).

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