SearchDeducting bond
Selena asks:
(updated on Friday, September 29th 2017)
I'm a new property manager and a tenant recently told me about deducting the full bond as four weeks rent because she will be moving out in four weeks... Can she do that?
I think the landlord will leave it as negative history on the tenancy check website if the tenant is going to do that. Can I tell her that or will that be identified as threatening?
Our Experts Answer:
You have raised two issues here.
Firstly, it is unlawful for a tenant to withhold rent in anticipation of the landlord claiming the bond. The purpose of the bond is a security against any debt that the tenant may owe the landlord at end of tenancy. This includes rent, damage and cleaning. If the tenant chooses not to pay the last four weeks’ rent there remains no security for any other end-of-tenancy costs. All rent is required to be paid on the date it falls due.
Secondly, a landlord cannot lodge a debt on a credit reporting website without first having received an order of the Tenancy Tribunal. In short, until the Tenancy Tribunal makes an order the debt is not settled – it is still in dispute.
Most Read
| Unity First Home Buyer special | 4.09 |
| SBS FirstHome Combo | 4.19 |
| ICBC | 4.49 |
| Kainga Ora | 4.59 |
| Co-operative Bank - First Home Special | 4.59 |
| ANZ Special | 4.65 |
| AIA - Go Home Loans | 4.65 |
| ASB Bank | 4.65 |
| TSB Special | 4.69 |
| Co-operative Bank - Owner Occ | 4.69 |
| SBS Bank Special | 4.69 |
| China Construction Bank | 4.95 |
| Kainga Ora | 4.95 |
| ICBC | 4.99 |
| Nelson Building Society | 5.09 |
| Westpac Special | 5.19 |
| SBS Bank Special | 5.19 |
| AIA - Go Home Loans | 5.25 |
| TSB Special | 5.25 |
| ASB Bank | 5.25 |
| BNZ - Std | 5.29 |
| ANZ Special | 5.29 |
| Westpac Special | 5.49 |
| BNZ - Std | 5.49 |
| ICBC | 5.65 |
| Kainga Ora | 5.69 |
| SBS Bank Special | 5.79 |
| Co-operative Bank - Owner Occ | 5.79 |
| ASB Bank | 5.89 |
| AIA - Go Home Loans | 5.89 |
| Kiwibank Special | 5.99 |
| TSB Special | 5.99 |
| China Construction Bank | 5.99 |
| SBS FirstHome Combo | 3.29 |
| AIA - Back My Build | 3.34 |
| SBS Construction lending for FHB | 3.74 |
| CFML 321 Loans | 3.95 |
| Co-operative Bank - Owner Occ | 4.99 |
| Co-operative Bank - Standard | 4.99 |
| ICBC | 5.39 |
| Kiwibank - Offset | 5.75 |
| Kiwibank Special | 5.75 |
| Kiwibank | 5.75 |
| Unity Standard | 5.79 |
