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  • hele27
    Opinionated
    • Mar 2008
    • 124

    #1

    No bond lodgement

    I know someone that has moved into a flat with landlord living upstairs, he has not given her a copy of TA but one was completed. He has not asked for bond and therefore
    not lodged bond.
    Is there an advantage to the tenant for not having to pay bond or have it lodged?
    I know it is a ticking time bomb not to have a copy of TA.
  • Keys
    Fanatical
    • Nov 2006
    • 6062

    #2
    No advantage, no disadvantage. Is it a separate flat or simply the "upstairs"?

    If it is not separate, the RTA does not apply.
    https://www.propertytalk.com/forum/i...ilies/lock.gif

    Comment

    • hele27
      Opinionated
      • Mar 2008
      • 124

      #3
      It is separate

      Comment

      • essence
        Fanatical
        • May 2004
        • 3578

        #4
        Hi Hele 27

        Found this, which relates to receiving a hard copy of the TA.

        I looked for the issue of Bond, but couldn't find anything (Keys, can you help here?). From my understanding, the LL doesn't HAVE to take a Bond, it isn't required by law. However, if he/she takes Bond it can only be equal UP TO 4 WEEKS RENT. No more. He/she cannot take "key" or "pet" money.
        Patience is a virtue.

        Comment

        • Keys
          Fanatical
          • Nov 2006
          • 6062

          #5
          Hi Essence

          Don't forget this, which relates to having a TA at all! Silly law says you must have one and that it is OK not to have one.

          As for a bond. It is a voluntary thing which the landlord may choose to have. Most landlords do have bonds. Inexperienced ones don't.
          https://www.propertytalk.com/forum/i...ilies/lock.gif

          Comment

          • skid
            Fanatical
            • Nov 2008
            • 1075

            #6
            Without a TA I would imagine anything goes.
            She could just pack up and leave [or get chucked out without notice] who you gonna complain to?

            Comment

            • Keys
              Fanatical
              • Nov 2006
              • 6062

              #7
              Without a TA the RTA still goes. All rights and responsibilities are written in there.
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              Comment

              • Perry
                Geriatric
                • Sep 2004
                • 16861

                #8
                Originally posted by Keys View Post
                Don't forget this, which relates to having a TA at all! Silly law says you must
                have one and that it is OK not to have one.
                The RTA silliness Keys refers to may benefit from being quoted: as in:
                "it must be in writing but if it isn't, it's still enforceable."

                Originally posted by RTA s13
                Form of tenancy agreement
                (1) Every tenancy agreement shall be in writing and signed by both the landlord and the tenant.

                (2) The landlord shall, before the tenancy commences, provide the tenant with a copy of the tenancy agreement.
                Originally posted by RTA s13C
                Tenancy agreements not unenforceable on grounds not in writing
                Notwithstanding anything to the contrary in any other enactment, no tenancy agreement, or variation
                or renewal of a tenancy agreement, shall be unenforceable on the grounds that it is not in writing.
                Originally posted by Keys View Post
                As for a bond. It is a voluntary thing which the landlord may choose to have.
                Most landlords do have bonds. Inexperienced ones don't.
                ..................................

                Comment

                • hele27
                  Opinionated
                  • Mar 2008
                  • 124

                  #9
                  There was a tenancy agreement signed, the LL has a copy but the tenant does not. That is an issue

                  Comment

                  • Keys
                    Fanatical
                    • Nov 2006
                    • 6062

                    #10
                    Just costs $20.44 to get a copy.
                    https://www.propertytalk.com/forum/i...ilies/lock.gif

                    Comment

                    • Perry
                      Geriatric
                      • Sep 2004
                      • 16861

                      #11
                      . . . but might cost the LL a tad more, depending
                      on the Kangaroo Kourt adjudicator, on the day.

                      Comment

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