Rental Bond Policy
1. Introduction
- 1.1 The principal object of the Teacher Housing Authority of NSW (THA), is to provide and maintain suitable and adequate housing accommodation for teachers.
- 1.2 Payment of a rental bond is consistent with this objective by ensuring that dwellings are well maintained during a tenancy and left in a reasonable state of cleanliness and repair at the time they are vacated.
- 1.3 The provisions of the Landlord and Tenant (Rental Bonds) Act 1977 and the Residential Tenancies Act 1987 (and associated Regulations) apply to this policy.
- 1.4 The Rental Bond Policy will take effect from 1 May 20052. Definitions For the purposes of this policy:
- 2.1 “teacher” means any person in a permanent, temporary, casual
or non school based education teaching service position, employed under the provisions
of:
- 2.1.1 the Teaching Services Act 1980; or
- 2.1.2 the TAFE Commission Act 1990 where the duties of the position primarily involve teaching or the provision of educational leadership;
- 2.2 “private tenant” means any person other than a teacher (as outlined in the definition in 2.1);
- 2.3 “rent” means the market rent for the dwelling and not the subsidised amount paid by tenants (ie in the Department of Education and Training’s (DET) six and eight transfer point locations or in towns included in the DET’s Rural School Leadership Plan); and
- 2.4 “sharing” means the teacher tenants are not in a familial or spouse/partner relationship and relates to dwellings with two or more bedrooms.
3. Coverage
- 3.1 This policy applies to all tenants residing in dwellings owned or managed by the THA.
- 3.2 For teacher tenants, the rental bond policy will be implemented using a “grandparent” provision
ie:
- 3.2.1 existing teacher tenants at the policy implementation date will not be required to pay a rental bond until they move to another THA dwelling (including within the same locality); and
- 3.2.2 all new teacher tenants with a tenancy agreement commencing on or after the policy implementation date will be required to pay a rental bond.
- 3.3 Rental bonds will be transferable from one THA dwelling to another.
4. Amounts
- 4.1 A rental bond equivalent to four weeks rent will be charged for unfurnished THA dwellings.
- 4.2 A rental bond equivalent to six weeks rent will be charged for dwellings where the THA has provided furniture.
5. Payment Methods for Teachers
- 5.1 Payment of the rental bond can be made in one of the following ways:
- 5.1.1 In a lump sum at the commencement of the tenancy (in which case the bond amount payable will be reduced by 10%);
- 5.1.2 By instalments, over a maximum of four pay periods.
6. Sharing Arrangements for Teachers
- 6.1 Where a prospective tenant indicates in their “Application for Housing” that they are not willing to share accommodation, the full rental bond for the dwelling is payable.
- 6.2 Where a prospective tenant indicates in their “Application for Housing” that they are willing to share accommodation, they will pay a rental bond apportioned according to the number of bedrooms in the dwelling (see footnote).6.3 Where a tenant originally indicates a willingness to share accommodation (and has paid a rental bond on that basis) but revokes that agreement, the full rental bond for the dwelling will be immediately payable.
Footnote:
In a 2 bedroom villa unit, each tenant will pay 50% of the rental bond at the
time they occupy the dwelling. Similarly, in a 3 or 4 bedroom house, each tenant
will pay 331/3% or 25% respectively of the rental bond at the time they occupy
the dwelling.The arrangement is illustrated by the following examples:
- 2 bedroom villa unit (furnished) Rent $120 pw; Rental Bond $720 (6 weeks rent)
- tenant not willing to share pays $720 bond
- tenants willing to share:
- 1st tenant occupies dwelling January XXXX and pays $360 bond
- 2nd tenant occupies dwelling the following April and pays $360 bond
- 1st tenant vacates dwelling September XXXX and is refunded their bond. 2nd tenant does not pay additional bond provided they indicate they are still willing to share.
- 3 bedroom house (unfurnished) Rent $150 pw, Rental Bond $600 (4 weeks rent)
- tenant not willing to share pays $600 bond tenants willing to share:
- 1st and 2nd tenants occupy dwelling January XXXX and pay $200 bond each
- 3rd tenant occupies dwelling the following April and pays $200 bond
- 2nd tenant vacates dwelling September XXXX and is refunded their bond. 1st and 3rd tenants do not pay additional bond.
7. Lodgement/Refund
- 7.1 All rental bonds will be lodged with Renting and Strata Services, a unit of the Office of Fair Trading, until cessation of the tenancy agreement.
- 7.2 If the dwelling is left in a clean and habitable state at the end of the tenancy, the rental bond will be refunded to the tenant.
- 7.3 Any disagreement over the refund of a rental bond that cannot be resolved between the THA (or managing agent) and the tenant will be referred to the Consumer, Trader and Tenancy Tribunal for determination.
8. Exceptional Circumstances for Teachers
- 8.1 Where a teacher appointed to a school in a hard to staff location is in financial
difficulties, the General Manager may:
- 8.1.1 extend the period for payment of a rental bond by instalments;
- 8.1.2 waive the payment of a rental bond.
9. Dispute Resolution
- 9.1 All disputes concerning the operation or interpretation of this policy will be determined by the General Manager.
- 9.2 A tenant who is not satisfied with a decision on a matter by the General Manager may ask for the matter to be determined by the THA Board.