Bonds

You should only pay the bond after:

• You have an agreement with the rooming house operator
• The rooming house operator has given you their completed and signed condition report

If you pay any money before these things happen, put in writing that it’s a ‘holding deposit’, not a bond. This means the rooming house operator has to give it back to you on the next business day after you tell them you don’t want to rent the room.

In most cases, the rooming house operator cannot ask you for both a bond and a ‘guarantee’. If they do, this page has information on where to get help.

When you pay the bond, the rooming house operator must lodge it electronically with the Residential Tenancies Bond Authority (RTBA). The RTBA holds your money until you move out.

Steps for paying and lodging the bond:

1. You pay the rooming house operator. Make sure you get a receipt, especially if you pay cash.
2. Within 10 business days, the rooming house operator completes the RTBA online bond-lodgement form.
3. The RTBA sends you an email (and a text if you gave a mobile number) with a link to review the bond lodgement details. If you don’t respond within 14 days, the lodgement is cancelled.
4. You review the details. If something is wrong, you can update it. If you update anything except your contact details, the changes are sent to the rooming house operator for review. You then get another email with a link to the updated bond lodgement details.
5. If all the details are correct, you accept the lodgement and get a transaction number.
6. The RTBA emails you a receipt. If you don’t get a receipt, contact the RTBA on 1300 137 164.

Find out more about the process at: Renter’s guide – RTBA Online.

If you pay a bond and the rooming house operator does not lodge it with the RTBA within 10 business days of receiving it, you can report them to Consumer Affairs Victoria. If you want to send them a letter first, Tenants Victoria has a template letter you can use to tell the rooming house operator that you will take further action if they do not follow the law and lodge your bond with the RTBA.

Download our template letter: Letter to landlord about lodging bond [Word 32 KB].

If you need assistance, this page has information on how to get help.

The condition report says what your room was like when you moved in.

The rooming house operator has to give the report to you by the date you move in. It can either be an electronic copy or 2 paper copies.

A detailed condition report with photos can help protect your bond if the rooming house operator says there is damage when you move out.

You have 5 business days from your agreed move-in date to check the room and return your signed report. Store your copy safely in case you need it when you move out.

You don’t have to agree with what the rooming house operator says in the condition report. If you don’t comment, it’s assumed you agree with what they say.

You can protect your bond by:

• Having a good look around the room and adding extra detail to the report if needed
• Making notes in the report if you disagree with what the rooming house operator has written
• Taking photos (both when you move in and when you move out)
• Giving photos to the rooming house operator if you think there are big differences between what they say in the report and what you say

If the rooming house operator does not give you a condition report, you can complete your own and give it to them within 5 days of moving in. Consumer Affairs Victoria has a template for creating a condition report.

This short video from the Redfern Legal Centre has tips on completing a condition report.

Find out more on our page about condition reports.

Some rooming house operators ask residents to pay a ‘pet bond’ if they have a pet. They may say that this is to cover costs if the pet damages the property.

There is nothing in the law requiring you to pay an extra ‘pet bond’ if you have a pet.

If you pay a bond when you move in, it covers any damage caused by your pet. The rooming house operator can apply to VCAT if they believe they are entitled to any of your bond when you move out. They cannot ask you for a second ‘pet bond’.

You can claim for your bond to be:

• Paid to you in full
• Divided between you and rooming house operator
• Paid in full to the rooming house operator

Consumer Affairs Victoria has a step-by-step guide for claiming a bond from the RTBA.

You can also update your contact details, such as your email address, on the RTBA online form.

When you make a claim:

1. The RTBA lets the rooming house operator know. If they want to stop the bond being paid out, they need to apply to VCAT.
2. If, after 14 days, no-one has told the RTBA they have applied to VCAT, the RTBA pays out your bond.

If you and the rooming house operator agree about how the bond should be repaid, you can put in a joint claim. You can do this at any time, even before you move out. But if the rooming house operator is getting any of your bond as part of the claim, it cannot be made earlier than 14 days before the end of your tenancy.

It’s against the law for the rooming house operator to ask you to sign a bond claim form that doesn’t say how the bond is to be repaid.

The only claim the rooming house operator can make to the RTBA without you is one that says all of the bond is to be paid to you. They can make this sort of claim at any time, even before you move out. If they want any of your bond, and you don’t agree with them, they will need to apply to VCAT.

The rooming house operator cannot make a direct claim to the RTBA if they want any of your bond. They can only get your bond if:

• You agree, through your own bond claim or a joint claim, or
• They apply to VCAT and VCAT agrees they should get the money

They must apply to VCAT within 14 days of your residency at the rooming house ending. If they apply after this time, you can ask VCAT to dismiss their application. However, if they apply after 14 days, they can ask VCAT at the hearing to allow the delay. You can ask VCAT at the hearing to not accept the reasons for the delay and to dismiss the application.

What a rooming house operator can claim for

A rooming house operator can apply to VCAT for part, or all, of your bond for things like:

• Cleaning, if you haven’t left the room reasonably clean. But they cannot expect you to leave it cleaner than when you moved in
• Repairs, if you or your visitors have caused any damage. This doesn’t include everyday wear and tear
• Rent or other costs that are your responsibility
• Replacing locks if you changed or installed any without asking them
• Removing any other modifications you made to the room without asking the rooming house operator, or that you did not remove when you moved out, after you had agreed to do so

Proving their claim

The rooming house operator has to prove to VCAT that:

• They have suffered financial loss or property damage
• The loss or damage was caused by you breaching your rooming house agreement or Victoria’s rental laws, the Residential Tenancies Act 1997
• The amount they are claiming is reasonable

They must give you a copy of their application to VCAT before the hearing, including any evidence they have.

If the rooming house operator applies to VCAT for your bond, go to the hearing if you can, especially if you don’t agree with what they say. People often get better results when they attend. If you do not attend, VCAT can still make a decision about your bond.

At the hearing, you can tell your side of the story and present your own evidence. For more on preparing for a hearing, see our page about disputing bond and compensation claims.

While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. If you need assistance getting your bond back, this page has information on how to get help.

You can also watch our step-by-step video on going to VCAT.

VCAT usually decides on the day of the hearing how the bond is to be paid.

If you are affected by family or personal violence and the rooming house operator wants your bond for something caused by the perpetrator, such as damage or unpaid rent, VCAT can protect your bond.

You don’t necessarily need to have an intervention order for VCAT to do this.

Personal violence is violence committed by someone who is not a family member.

Find out more on our page about family violence.

Collect evidence to support your application. This may include:

• A copy of your RTBA bond receipt – you will need to attach this to your application. If you cannot find your receipt, call the RTBA on 1300 137 164 and ask them to send you a copy
• A copy of your rooming house agreement
• Any communication with the rooming house operator about moving out, such as your letter or email giving notice that you’re leaving, or a notice to vacate from them
• Any other evidence supporting your application, such as photos taken when you moved in and when you moved out, condition reports, receipts for cleaning, and statutory declarations from any witnesses

If you don’t have an email and postal address for the rooming house operator, you need to get these details for the application.

You can use VCAT’s general application form.

You can complete the form online or download a PDF and fill it in electronically or print it and complete it by hand. If you want a hard copy form posted to you, call VCAT on 1300 018 228.

When you get to the section ‘What orders do you want VCAT to make?’:

• Write section 419A in the box if your bond was lodged with the RTBA
• Write section 452 and section 472 in the box if your bond was not lodged with RTBA

Under ‘Provide more details about your claim’, include details about:

• Your stay – for example, the dates your rooming house agreement started and ended, and the date you moved out
• How you left the room – for example, that you left it reasonably clean and took care to avoid damage
• Anything else that may support your application

If you need more space for details, you can use separate pages and attach them to the application.

You should also attach your RTBA bond receipt and any other supporting documents and photos.

Make copies of your completed application form and supporting documents, so you have a set for:

• VCAT
• The rooming house operator
• Yourself

You can copy, scan or take photos, but make sure everything is clear enough to read.

Keep your own copy safe as you will need it at the hearing.

If you don’t submit the application online (see step 2), you will need to give VCAT your application form and copies of the supporting documents.

You can do this in person, by email or by post. The addresses are on the form.

If you take your application to VCAT in person, write down the date, time and name of the person you handed it to.

If you send it by post, keep your receipt and tracking number.

You must also give a copy of your application and supporting documents to the rooming house operator. In the law, this is called ‘service’. You need to give (serve) the copy to them within 7 days of submitting it to VCAT. For urgent matters, you should serve it immediately.

At the hearing, VCAT may ask for proof that you have served the application to the rooming house operator.

You can serve the application and evidence by:

• Delivering it in person. Be sure to keep a note of the date, time and name of the person you handed it to
• Sending it by post. We recommend registered post so you can prove they received it. Keep your receipt and tracking number
• Emailing it, unless there is something in your rooming house agreement saying they will not accept emails. Check that your email has been received

VCAT will send you a ‘notice of hearing’, letting you know when and where the hearing will take place and what you need to bring.

If you don’t hear from VCAT after a few days, call them on 1300 018 228 to find out if they have set a hearing date.

You will need to bring your copy of the application form and supporting documents to the hearing. These may include the rental agreement, condition reports, bond receipt and photos.

For more information and tips on defending your bond at VCAT, see our pages on:

• Disputing bond and compensation claims
• Dealing with VCAT

While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. If you need assistance getting your bond back, this page has information on how to get help.

If VCAT agrees that you should get your full bond back, it will make an order authorising the RTBA to release it. You can then give this order to the RTBA to get your money.

If VCAT decides the rooming house operator is entitled to all or part of your bond, it will order the RTBA to pay the amount to the rooming house operator. Any remaining bond money will go back to you. You and the rooming house operator can use this order to claim the money from the RTBA.

When you apply to VCAT for your bond, you can apply for compensation at the same time, if there were problems during your tenancy that caused you loss or damage. You have 6 years to apply for compensation from the time the loss or damage happened, and there may be an application fee. Find out more on our page about claiming compensation.

If you are approved for a bond loan, DFFH will tell you when your loan is approved and email the bond loan voucher directly to the rooming house operator. They will then use the voucher to lodge the bond with the Residential Tenancies Bond Authority (RTBA).

If the loan covers some of the bond money and you pay the rest, the rooming house operator must lodge the amounts as 2 separate bonds with the RTBA, even though they are for the same room. See more on this page about the steps for paying your part of the bond.

We recommend you do not inform the rooming house operator that you intend to use a bond loan until you have been accepted for the rooming house agreement.

If the rooming house operator doesn’t want any of the bond when you move out, you or the rooming house operator can make a claim to the Residential Tenancies Bond Authority (RTBA) for the bond loan to go back to DFFH, and a second claim for any bond money you paid to be returned to you.

If the rooming house operator wants part, or all, of the bond when you move out, and you agree with them, you can make a joint claim to the RTBA for the money to go from the bond loan or from an amount you paid, or both. If the rooming house operator gets any of the bond loan money, you will need to repay that amount to DFFH. In some situations, DFFH may make an exemption and waive your debt. Or it may offer another bond loan, allowing you to pay your debt for the first bond loan at a later date. The HousingVic website has more on repaying a RentAssist bond loan.

If no claim is lodged with the RTBA, DFFH will not know you have moved out and the loan will remain against your name.

If the rooming house operator applies to VCAT for your bond money

If the rooming house operator wants part, or all, of the bond when you move out, and you disagree, they must apply to VCAT. They must do this within 14 days of your rooming house agreement ending. However, if they apply after 14 days, they can ask VCAT at the hearing to allow the delay. You can ask VCAT at the hearing to not accept the reasons for the delay and to dismiss the application.

If VCAT agrees the rooming house operator should get the money, you may still need to repay the bond loan to DFFH at some point in the future.

If you paid part of the bond, VCAT will generally deduct the money for the rooming house operator from the part of the bond that you paid before deducting any money from the bond loan amount.

Find out more on this page about:

• Getting the bond back when you move out
• What to do if your bond is disputed

If you need support in dealing with bonds, help is available.

There are step-by-step guides, self-help tools and other resources to assist you with bonds.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and rental providers (such as rooming house operators) in numbered sections.

The sections in this list relate to bonds in rooming houses. Click on a link to see the section in the Act.

• Section 95 – Payment of bond
• Section 96 – Maximum bond limits
• Section 99A – Rent payment
• Section 405 – Bond lodgment form
• Section 406 – Duty to pay bond to RTBA
• Section 409 – What if the rental provider is late in lodging the bond
• Section 411 – Bond claims
• Section 419A – Application to VCAT for bond

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.

The Residential Tenancies (Rooming House Standards) Regulations 2023 set out the privacy, safety, security and amenity standards in rooming houses.

These other Acts and regulations also apply to bonds in rooming houses:

• Victorian Civil and Administrative Tribunal Act 1998: Section 120 – Re-opening an order on substantive grounds
• Victorian Civil and Administrative Tribunal Rules 2018: Reg 8.07 – Documents required to be included with certain applications