Rental Bond ACT: Complete Guide for Self-Managing Landlords

If you’re a self-managing landlord in the ACT, the rental bond is the single most important piece of financial protection you have at the end of a tenancy. It is also one of the most heavily regulated parts of the tenancy relationship — the Residential Tenancies Act 1997 (the Act) sets strict rules about how much you can take, when you must lodge it, who holds it, what you can deduct, and how it must be released.

Bonds in the ACT are not held by you. They are lodged with the Office of Rental Bonds, which sits within the ACT Revenue Office, and are paid into a Territory trust account under Section 27 of the Act. You cannot take a bond and keep it yourself — even temporarily beyond the prescribed period is an offence carrying a maximum penalty of 20 penalty units. This is a strict liability offence under Section 23(5).

This guide covers everything a self-managing landlord needs to know about rental bonds in the ACT — from the maximum amount you can take, through lodgement, co-tenant changes, allowable deductions, the bond release process, and how disputes are referred to the ACT Civil and Administrative Tribunal (ACAT).

If you’re setting up a new tenancy, start with our ACT tenancy agreement guide. For the broader tenancy law framework behind bond collection, notices, and end-of-tenancy disputes, see our ACT residential tenancies act guide.

Maximum Bond Amount

The maximum rental bond you can take in the ACT is 4 weeks’ rent. This is set by Section 20 of the Act and reinforced by clause 16 of the Standard Residential Tenancy Terms in Schedule 1. There is no higher threshold for properties with higher weekly rent, and no exception that allows you to charge a larger bond because of the type of property, the tenant’s circumstances, or the inclusion of furniture or appliances.

The 4-week cap applies to the total of all bond money taken — regardless of how it is described or split into separate payments. You cannot charge a “pet bond,” a “cleaning deposit,” a “carpet bond,” or any other additional security on top of the 4 weeks. Doing so contravenes Section 20 and Section 21 of the Act.

If you accept more than 4 weeks’ rent as bond, the excess is recoverable by the tenant. The Office of Rental Bonds will not lodge a bond above the maximum, and the Bond Lodgement Form expressly states that the whole bond amount must not exceed 4 weeks’ rent.

Only One Bond Per Tenancy

Section 21 of the Act and clause 15 of the Standard Terms make it clear that only one bond is payable for the tenancy created by the tenancy agreement. This rule has two important practical consequences for self-managing landlords.

First, you cannot ask for additional bond money during a tenancy. If the rent goes up at a later date, the bond does not automatically increase, and you are not entitled to ask the tenant to “top up” the bond to match the new rent.

Second, you cannot ask for a new bond when you and the tenant enter into a consecutive tenancy agreement for the same property — for example, when a fixed-term tenancy ends and you sign a new fixed-term agreement with the same tenant. The existing bond carries over (see “Consecutive Tenancy Agreements” below).

A landlord or agent who asks the tenant for a top-up bond — for any reason, including as a condition of consenting to a pet — is acting outside the Act. The 4-week limit and the one-bond rule operate together to prevent this.

Alternatives to a Bond — Guarantees and Indemnities

Section 16 of the Act allows the lessor and tenant to use a guarantee or indemnity instead of, or in addition to, a bond. A guarantee or indemnity is a contractual promise by a third party (typically a parent of the tenant) that they will be liable for the tenant’s obligations under the tenancy agreement.

A guarantee or indemnity is only legally enforceable up to the maximum amount that could otherwise be taken as a bond — that is, 4 weeks’ rent. You cannot use a guarantee or indemnity to extend your security beyond the statutory bond limit.

This option is sometimes useful when a tenant cannot afford to pay the full bond upfront. It is not a substitute for compliance with the bond rules — if you take a bond and a guarantee, the bond must still be lodged within the prescribed timeframe and the combined value of the bond and guarantee must not exceed 4 weeks’ rent.

Holding Deposits

Section 18 of the Act prohibits holding deposits. Section 18(1) provides that “A lessor must not require or accept a holding deposit.” Section 18(2) goes further: any agreement to pay a holding deposit is void, and any amount paid under such an agreement is recoverable as a debt by the person who paid it. Standard Terms clause 25 confirms the position: “The Residential Tenancies Act prohibits the taking of holding deposits.”

A holding deposit is defined in Section 18(3) as an amount paid (or payable) by a tenant to a lessor in consideration for the lessor not entering into a tenancy agreement with a third party while the prospective tenant is deciding whether to sign up.

The practical consequence for a self-managing landlord is simple: you cannot ask a prospective tenant to pay a holding deposit, a “good faith” payment, a “reservation fee,” or any similar amount before the tenancy agreement is signed. If you take one anyway, the money is recoverable as a debt and you are exposed to the associated enforcement risks. Do not confuse a holding deposit with the first rent payment or the bond — both of which are paid at or after the signing of the agreement, not before it.

Lodging the Bond

Where the Bond Must Be Lodged

If you take a bond, it must be lodged with the Office of Rental Bonds within the ACT Revenue Office. This is a Standard Term (cl 17) and is reinforced by Section 23 of the Act. Holding the bond yourself — beyond the prescribed lodgement period — is an offence of strict liability under Section 23(5), with a maximum penalty of 20 penalty units.

There are two methods of lodgement.

The Rental Bonds Portal is the online lodgement system at revenue.act.gov.au/rental-bonds. Managing agents register via the Portal and use it to lodge bonds, generate payment references, manage refunds, and track bond status. Private self-managing lessors can also register and use the Portal. Lodgements through the Portal generate a unique payment reference number for each bond, which you use to make the EFT payment through your bank.

The paper Bond Lodgement Form can be completed and emailed to rb@act.gov.au. The form requires details of the rented premises, the lessor, the tenant(s), the agent (if any), and the bond and tenancy details. Payment is made by EFT to the Office of Rental Bonds (BSB 032-777, Account 002095) using the property address as the description.

Tenant lodgement. While the default under Section 23(1) is that the tenant pays the bond to the lessor, Section 23(2) and Section 24 allow the lessor and tenant to agree that the tenant will deposit the bond directly with the Territory. Standard Terms clauses 18 and 19 reflect this. If that arrangement is used, the tenant (or the lessor on the tenant’s behalf) completes the lodgement form and deposits the bond with the Office of Rental Bonds. Unless the parties agree otherwise, the tenant is not entitled to possession of the premises until they give the lessor evidence of lodgement or the Territory notifies the lessor that the bond has been deposited (Section 24(2)).

Lodgement Timeframes

The lodgement timeframe depends on who receives the bond from the tenant. Section 23 of the Act requires that the bond be deposited with the Territory “before the prescribed period ends.” Section 23(6)(b) leaves the prescribed period to be set by regulation, and Regulation 2 of the Residential Tenancies Regulation 1998 does exactly that.

Where the lessor receives the bond directly, Regulation 2(a) sets the prescribed period as 2 weeks after the later of (i) the day the bond is paid, or (ii) the day the tenancy commences.

Where the lessor’s real estate agent receives the bond, Regulation 2(b) extends the prescribed period to 4 weeks after the later of those two days.

Standard Terms clauses 20(c)(i) and (ii) incorporate these regulatory periods as contractual terms of every tenancy agreement, so the lodgement deadlines apply both as a statutory duty (through Regulation 2) and as a term of the agreement.

In practice this means: if you self-manage, you have 2 weeks from the later of receipt of the bond or commencement of the tenancy. If you use an agent, the agent has 4 weeks. The maximum penalty for failing to lodge within the prescribed period is 20 penalty units (Section 23(3)–(4)), and the offence is strict liability under Section 23(5) — meaning the prosecution does not need to prove fault, only that the bond was not lodged in time.

Receipt for the Bond

You must give the tenant a receipt for the bond as soon as you receive it. This is a term of every tenancy agreement under Standard Terms clause 20(a) — incorporated into the agreement by Section 8 of the Act — which provides that “on receiving the bond, the lessor must give the tenant a receipt for the bond.” The receipt should record the amount received, the date, and the address of the rental property.

(Separately, Section 26 of the Act imposes a receipt obligation on the Territory, not the lessor — when the tenant deposits the bond directly with the Territory, the Territory must give the tenant a receipt and give both parties a notice under Section 25. Section 26 does not create a lessor-side receipt duty; that duty comes from the Standard Terms.)

If you receive the bond in instalments — for example, where the tenant pays the bond and the first month’s rent in two separate transactions — you should issue a separate receipt for each instalment, and lodge each instalment within the prescribed period.

Notice About Deposit

Section 25 of the Act requires that when the bond is deposited with the Territory, a notice be lodged with it. The notice records the parties to the bond and the property details. The Bond Lodgement Form (paper) and the Rental Bonds Portal (online) both incorporate this notice as part of the lodgement workflow — completing them correctly satisfies Section 25.

The Act requires the lessor’s details to be provided regardless of whether an agent is appointed.

The Rental Bonds Portal

The Rental Bonds Portal is the online system operated by the ACT Revenue Office for managing rental bonds. Through the Portal you can lodge bonds, generate payment references, view the status of all bonds you hold, request refunds, and update your account profile.

When you lodge a bond through the Portal, the bond moves through several status types as the lodgement and refund processes progress. Understanding these statuses is useful when checking on a bond:

Raised — the bond has been raised in the Portal but no payment reference has yet been generated. Payments cannot be reconciled at this stage. Raised – Payment Pending — the payment reference has been generated but the EFT payment has not yet been received or reconciled. Lodged — payment received and reconciled; the bond is now formally held in the trust account. Refund Pending — a refund request has been submitted but is not yet approved. Refunded — the refund has been released to the nominated bank accounts. In Dispute — the bond has been referred to ACAT for review. Unclaimed — the refund could not be released because of incorrect bank details. Cancelled — the bond was raised in error.

For private self-managing lessors, the Portal is optional but recommended for lodgement. For bond refund applications, however, landlords must use the online Rental Bonds Portal — the Renting Book confirms this obligation. The paper form route remains available for lodgement but not for refund applications by landlords.

The Portal supports recent versions of the major browsers — specifically Google Chrome 73 or newer, Internet Explorer 11 or newer, Mozilla Firefox 17 or newer, and Safari 6 or newer — with pop-ups, JavaScript, and cookies enabled. Mobile browser access is supported on Chrome, Firefox, and Safari, with form factors including desktop computers and tablets.

If you choose not to use the Portal for lodgement, you can email a completed Bond Lodgement Form to rb@act.gov.au and pay the bond by EFT. Either way, you must keep a record of the lodgement receipt issued by the Office of Rental Bonds — that is your evidence that the bond is held in the Territory trust account.

Consecutive Tenancy Agreements

A consecutive tenancy agreement is one where one or more tenants under a terminated agreement continue to occupy the premises under a new agreement. The most common example is a fixed-term tenancy that rolls into a new fixed-term tenancy with the same tenant.

Section 22 of the Act sets out the bond rules for consecutive tenancies. Two important consequences flow from these rules.

You cannot require or accept a new bond for the consecutive agreement unless a bond release application has been made under Division 3.4 in relation to the bond for the terminated agreement (Section 22(2)). In practical terms, if the tenant is staying on, you cannot ask for a fresh bond — and you certainly cannot ask the tenant to “top up” the existing bond if the rent has gone up.

The existing bond is taken to be the bond under the consecutive agreement if no bond release application is made (Section 22(3)). This means the bond simply rolls over. The tenant does not need to re-pay it, and you do not need to re-lodge it. The bond record at the Office of Rental Bonds continues to apply to the new agreement.

If a co-tenant changes between the two consecutive agreements (for example, one of three co-tenants leaves and a new co-tenant joins), the rules in Part 3A of the Act apply (see “Co-Tenancies and Bond” below). The bond does not need to be released and re-lodged in those circumstances — it continues, with the parties to the bond updated.

Co-Tenancies and Bond

Where there is more than one tenant on the agreement, the bond rules in Part 3A of the Act apply when a co-tenant leaves or a new co-tenant joins.

When a Co-tenant Leaves

A co-tenant can stop being a party to a residential tenancy agreement only with the consent of the lessor and the remaining co-tenants, by order of the ACAT, or in accordance with the family violence termination provisions in Section 46D (Section 35A). For consent, the leaving co-tenant must give written notice (the consent application) at least 21 days before the proposed leaving day.

If consent is given (or deemed under Section 35A(4)), the agreement continues between the lessor and the remaining co-tenants, and the leaving co-tenant’s rights and obligations under the agreement end.

How deemed consent works. Under Section 35A(4)(a), the lessor and a remaining co-tenant are taken to consent if they do not respond to the leaving co-tenant within 21 days after receiving the consent application. This applies to both fixed-term and periodic agreements — silence for 21 days equals consent. Section 35A(4)(b) adds a second condition that only applies in the circumstances of Section 35A(3)(b) — i.e. periodic agreements — requiring that the lessor or remaining co-tenant also not have applied to ACAT within 21 days to refuse consent. In a fixed-term agreement, where the lessor and co-tenants can refuse consent whether or not it is reasonable, the practical safeguard is an express refusal within 21 days; silence = consent.

Section 35B then governs repayment of the bond. The remaining co-tenants must, not more than 14 days after the day the leaving co-tenant stops being a party to the agreement:

• Pay the leaving co-tenant an amount equal to the bond paid by them under the agreement; and
• Notify the Territory (the Office of Rental Bonds) that the leaving co-tenant has been paid.

The remaining co-tenants may deduct from this amount any unpaid rent attributable to the leaving co-tenant and other reasonable costs (for example, the cost of damage caused to the premises by the leaving co-tenant). If the deductions exceed the leaving co-tenant’s bond contribution, no payment is owed.

Importantly, a leaving co-tenant is not entitled to payment of any other amount of the bond, and a leaving co-tenant may apply to ACAT for resolution of a dispute about Section 35B even after they have stopped being a party to the agreement.

When a Co-tenant Doesn’t Continue into a Consecutive Agreement

Section 35BA governs a related but distinct scenario: where a tenant was a party to the residential tenancy agreement that terminates, but is not a party to the consecutive tenancy agreement that follows — even though one or more of the other co-tenants do continue into the new agreement. A common example is where a 12-month fixed term ends, two of three co-tenants sign a new fixed term for the same property, and the third co-tenant moves out at the end of the original term.

In this case, the remaining co-tenants must, not more than 14 days after the day the consecutive tenancy agreement starts:

• Pay to the former co-tenant an amount equal to the share of the bond paid by that former co-tenant under the terminated agreement; and
• Notify the Territory that the former co-tenant has been paid.

The same deduction rules apply — the remaining co-tenants may deduct any unpaid rent and other reasonable costs attributable to the former co-tenant. The former co-tenant may also apply to ACAT for resolution of a dispute about the Section 35BA payment even though they are not a party to the consecutive agreement.

Section 35BA works in parallel with Section 22 (which rolls the existing bond over into the consecutive agreement) — the bond itself does not need to be refunded and re-lodged; only the former co-tenant’s contribution needs to be paid out and the bond record updated.

When a New Co-tenant Joins

A new co-tenant can become a party to an existing tenancy agreement in several ways — under Section 35C (generally), Section 35D (by ACAT order where consent was refused), or Section 35E (in relation to a social housing dwelling or crisis accommodation). Where a new co-tenant joins at the start of a consecutive tenancy agreement, Section 35EA applies.

Under Section 35F, where the new co-tenant joins under Section 35C, 35D or 35E and a bond is held in relation to the agreement, the new co-tenant must, not more than 14 days after the day they become a co-tenant, pay the other co-tenants the new co-tenant’s share of the bond and notify the Territory that the new co-tenant has paid their share. Section 35FA imposes a mirror obligation where the new co-tenant joins at the start of a consecutive tenancy agreement to which Section 22(3) applies — the bond under the terminated agreement rolls over, and the new co-tenant pays their share to the other co-tenants and notifies the Territory.

The Office of Rental Bonds requires this change to be recorded. The relevant form is the Co-tenant Change Request Form, which must be signed by all outgoing, incoming, and remaining tenants, as well as by the lessor or managing agent. This form should only be submitted after the lessor has approved the change in tenants (or 14 days after the lessor has been notified, in circumstances where deemed consent applies).

For a new co-tenant joining under Section 35C, the lessor’s own position is governed by Section 35C(5): the lessor must not unreasonably refuse consent, and if refusing, must tell the existing tenant and the new person the reason in writing. The lessor and any other existing tenant are taken to consent if they do not respond within 14 days (Section 35C(6)). If the lessor refuses, the existing tenant — not the lessor — may apply to ACAT under Section 35D. On a Section 35D application, ACAT can, under Section 35G(1)(c), either declare the lessor’s refusal unreasonable or order that the new person stop being a party to the agreement. The lessor’s separate right to apply to ACAT under Section 35G(2) only applies in relation to a co-tenant LEAVING in a periodic agreement (Section 35A(4)(b)) — not to a co-tenant joining.

How the Bond Is Distributed Between Co-tenants

When a bond refund is processed, the Office of Rental Bonds will assume the bond is to be distributed in equal shares between the tenants named on the bond unless a written statement signed by all tenants is provided indicating different shares. This is set out on the back of the Bond Lodgement Form and applies to all multi-tenant lodgements.

If you are managing a property with co-tenants, encourage the tenants to keep their bank account details updated with the Office of Rental Bonds throughout the tenancy. If bank details are incorrect when the bond is being refunded, the Office of Rental Bonds cannot release the funds, and the bond will move to “Unclaimed” status until the bank details are corrected.

Family Violence Termination and Bond

The Act provides a special process for tenants who need to end their interest in a tenancy because of family violence. The relevant provisions are Sections 46D to 46F, and the corresponding Standard Terms.

A tenant can end their interest in the agreement, effective immediately, by giving the lessor a Family Violence Termination Notice (FVTN) with one of the prescribed forms of supporting evidence. There is no break-lease fee and no other liability for the leaving tenant.

The bond consequences depend on whether the leaving tenant is a sole tenant or a co-tenant.

Sole tenancy. If the tenant is the only tenant, the agreement ends and the standard bond release process applies (see “Bond Release at the End of the Tenancy” below).

Co-tenancy. If the tenant has co-tenants, the leaving tenant’s interest in the tenancy ends on the vacating day stated in the family violence termination notice (Section 46G(2)(a)). The agreement continues for the remaining co-tenants on the same terms (Section 46G(3)).

Because Section 46D operates through Part 3A, Section 35B(1)(a)(iii) then applies to the bond. The remaining co-tenants must, not more than 14 days after the day the leaving co-tenant stops being a party to the agreement (i.e. the stated vacating day), pay the leaving co-tenant an amount equal to the bond paid by that co-tenant under the agreement (less any reasonable deductions for unpaid rent or damage attributable to them) and notify the Territory that the leaving co-tenant has been paid.

There are also obligations on the lessor. Under Section 46F(2), the lessor must, within 7 days after the vacating day stated in the family violence termination notice:

• Give each of the remaining co-tenants a notice of continuing tenancy about the matters in Section 46G(2) to (5); and
• If a bond is held in relation to the agreement, tell the Territory the name of the co-tenant and that the lessor has received a family violence termination notice from that co-tenant.

The sequencing requirement in Section 46F(3) is important: the lessor must not give the notice of continuing tenancy to the remaining co-tenants until after (a) the vacating day has passed, and (b) if a bond is held, the Territory has been told about the matters in Section 46F(2)(b). The notice to the Territory comes first; the notice to co-tenants comes second.

The prescribed form for notifying the Territory under Section 46F(2)(b) is the Notice to Territory — Receipt of Family Violence Termination Notice, which is emailed to rb@act.gov.au. Lodging this notice ensures the Office of Rental Bonds is aware that sensitivities may apply to the bond and can manage future correspondence appropriately.

Under Section 46J(2), disclosure of information in the supporting document to the family violence termination notice is not an offence if the disclosure is between two or more of: the lessor, the lessor’s agent, an employee of the lessor’s agent, and the Territory (a defined statutory term meaning the Australian Capital Territory). Disclosure that is reasonably necessary to obtain legal advice from a lawyer is also permitted. Any other disclosure by the lessor is an offence. Under Section 46F(4), the lessor must not give any of the remaining co-tenants a copy of the supporting document.

The Standard Terms also entitle the remaining co-tenants to end the tenancy by giving 3 weeks’ notice of intention to vacate. If they give that notice within 4 weeks of receiving the notice of continuing tenancy, no break-lease fee applies in a fixed-term agreement (Section 46G(4)–(5)).

What the Bond Can Be Used For

Section 31 of the Act sets out the deductions a lessor is entitled to make from the bond. The list is exhaustive — you cannot deduct for matters that fall outside Section 31. The permitted deductions are:

• The reasonable cost of repairs to, or restoration of, the premises (or goods leased with the premises) as a result of damage other than fair wear and tear caused by the tenant — Section 31(a).
• The reasonable cost of securing the premises if the tenant fails to return the keys for the premises to the lessor at the end of the tenancy — Section 31(b).
• Any rent owing and payable under the residential tenancy agreement at the time the agreement terminates or is terminated — Section 31(c).
• The reasonable cost of replacing any fuel supplied to the premises by the lessor at the commencement or during the course of the tenancy (for example, gas, oil, or wood) — Section 31(d).
• Any reasonable amount (not greater than the costs incurred) for legal fees incurred by the lessor in assigning or transferring a tenant’s rights under the agreement — Section 31(e).
• Any amount expressed in a term of the agreement to be deductible by the lessor from the bond, if the term is endorsed by the ACAT under Section 10 — Section 31(f).

A few practical points follow from this list.

Cleaning is not separately listed. You cannot deduct for “cleaning” as a category of its own. If the property is left so unclean that it has been damaged or fittings have deteriorated as a result, the cost of restoration falls under Section 31(a). But routine end-of-tenancy cleaning is something the tenant must attend to — and if they don’t, your remedy is generally to claim under Section 31(a) for restoration, not to invent a “cleaning” deduction.

The cost must be reasonable. Section 31(a) and Section 31(b) require the cost to be “reasonable.” If a quote or invoice you provide is excessive for the work involved, ACAT can reduce the amount on review. Get more than one quote where possible.

Fair wear and tear is not deductible. There is no fixed legal definition of fair wear and tear, but it generally refers to deterioration that occurs from normal everyday use of the property — for example, sun-faded carpet in a high-traffic area, or scuff marks on walls. Severe damage (a hole in a wall, a broken window, a stained or burnt benchtop) is not fair wear and tear.

You cannot use the bond to cover unspecified or general claims. When you make a claim, you must state the reasons for the claim and the estimated cost of the repair or restoration in writing — see the bond release section below. A claim for a lump sum without itemised reasons is not compliant with Section 34.

ACAT-endorsed terms widen the list slightly. Section 31(f) allows deductions for amounts expressed in a term of the agreement that has been endorsed by ACAT under Section 10. This is rare in practice — Section 10 endorsements are not granted casually, and the tenancy agreement template you use will not include any pre-endorsed terms of this kind.

Bond Release at the End of the Tenancy

Division 3.4 of the Act (Sections 32 to 35) governs how the bond is released when the tenancy ends. The process is structured around the bond release application — a formal application to the Territory for payment of the bond out of the trust account.

There are three ways a bond release application can be made (Section 33(1)):

• Jointly by the tenant and lessor under Section 34A;
• By the tenant under Section 34B; or
• By the lessor under Section 34C.

A bond release application can also be made before the end of the agreement in certain circumstances under Section 34D, and ACAT can order the release of bond money under Section 34E.

Lessor’s Obligations Under Section 34

When the residential tenancy agreement is terminated, Section 34 imposes a positive obligation on the lessor to give the tenant a bond release application form — signed by the lessor — and to do so within prescribed working-day timeframes:

• Within 3 working days after the day the agreement is terminated, in any case other than the one below.
• Within 10 working days after the day the agreement is terminated if the application includes a claim for a deduction for a reason mentioned in Section 31(a) or (b) — that is, damage repair or the reasonable cost of securing the premises where keys have not been returned.

The longer 10-working-day period exists specifically because the lessor needs time to obtain quotes for repairs, restoration, or securing the premises before stating the estimated cost of the deduction in the application form. For deduction claims under Section 31(c) (rent owing), Section 31(d) (fuel), Section 31(e) (legal fees), or Section 31(f) (ACAT-endorsed terms), the default 3-working-day rule applies — there is no comparable quote-gathering need.

If the application includes a claim for a deduction, the form must be accompanied by:

• A written statement of the reasons for the deduction; and
• For claims under Section 31(a) (damage repair) or Section 31(b) (cost of securing the premises where keys have not been returned), a written estimate of the cost of the repairs or restoration.

If there are co-tenants, the lessor’s obligation is satisfied by giving the form to one of the co-tenants (Section 34(3)). The lessor does not need to comply with Section 34 if at least one tenant under the terminated agreement continues to occupy the premises under a consecutive tenancy agreement — in that case, the bond rolls over under Section 22 instead.

Joint Application — Section 34A

If the lessor gives the tenant a signed application form and the tenant (or all co-tenants) sign it, either party can submit the signed application to the Territory. The Office of Rental Bonds will then pay out of the trust account in accordance with the application: the bond amount (less any deductions) to the tenant(s), and the deduction amount (if any) to the lessor (Section 34A(3)).

This is the cleanest and quickest way to release the bond. If the tenant agrees with your proposed deductions, encourage them to sign and return the form so the joint application can be processed.

Application by the Tenant — Section 34B

If you do not give the tenant a bond release application form within the required time, or if the tenant does not sign the form you provide, the tenant can make their own application directly to the Territory under Section 34B. The same applies if there are co-tenants and at least one co-tenant has not signed the form.

When the Office of Rental Bonds receives a tenant’s application, it must:

• Give written notice of the application (a “notice of application”) to the lessor and any non-signing co-tenants; and
• If no notice of dispute is received within 2 weeks after the day the notice was given, pay out of the trust account in accordance with the application.

The 2-week dispute window is critical. If you do not lodge a notice of dispute with the Office of Rental Bonds within 2 weeks, the tenant’s application is processed as lodged — even if you intended to claim a deduction. Diary the date the notice of application is given, and act before the 2-week window closes.

Application by the Lessor — Section 34C

If you have given the tenant a signed bond release application form under Section 34, and the tenant does not give the signed form back to the Territory or to you within 10 days (or any longer period prescribed by regulation), you can make your own application to the Territory under Section 34C. The same applies if you have been unable to give the form to the tenant despite taking reasonable steps to do so.

When the Office of Rental Bonds receives a lessor’s application, it must:

• Give written notice of the application to the tenant; and
• If no notice of dispute is received from the tenant within 2 weeks, pay out of the trust account in accordance with the application.

This is the route you take when a tenant has gone silent or won’t sign the form. You must still meet the obligations in Section 34 first — give the tenant a signed form within 3 or 10 working days, and only after the tenant fails to act can you proceed under Section 34C.

Discrepancy in Named Tenant — Section 34F

If the name of a tenant in the bond release application does not match the name notified to the Territory under the original lodgement (or under the various co-tenancy provisions), the Territory may refer the application to ACAT under Section 34F. ACAT decides who is entitled to receive the bond and orders the Territory to release it accordingly.

This can arise where, for example, a co-tenant has changed their legal name during the tenancy and the new name does not match the bond record, or where a tenant’s name was misspelled on the original lodgement form. Make sure tenant names on the lodgement form match the names on photo identification — the Bond Lodgement Form expressly requires consistency with the tenant’s driver licence or passport spelling.

Bond Disputes — The ACAT Process

If a notice of dispute is lodged within the 2-week window, the Office of Rental Bonds must refer the application and the notice of dispute to ACAT as a tenancy dispute (Section 35(2)). The referral is taken to be an application to ACAT about a tenancy dispute (Section 35(3)). The Office of Rental Bonds does not adjudicate the dispute — that is ACAT’s role.

If the notice of dispute relates to only part of the amount of bond claimed, the Office of Rental Bonds must release the undisputed portion of the bond to the appropriate person before referring the matter to ACAT (Section 35(5)).

What Happens at ACAT

When ACAT receives the referral, it sends a conference notice to the parties.

At least 7 days before the conference, the lessor must provide a list of claims explaining how and why the rental bond should be distributed. A copy of the claims must be given to the tenant and to ACAT.

If the parties reach an agreement at the conference, ACAT makes orders about the disbursement of the bond. A copy of the order goes to the Office of Rental Bonds, which then disburses the bond in accordance with the order.

If no agreement is reached at the conference, ACAT schedules a hearing date. ACAT will send directions about preparing for the hearing, including timelines for lodging documents.

Documents to Prepare

For a hearing, you will typically be required to:

• Complete and lodge a rental bond claim form and give a copy to the tenant;
• Provide supporting documents — the tenancy agreement, ingoing and outgoing condition reports, quotes, invoices, receipts, bank statements, photographs, a timeline of events, and any witness statements;
• If your claim is for an amount greater than the bond, complete and lodge an Application for Resolution of a Tenancy Dispute form (fees apply, unless an exemption, waiver or deferral applies).

At the hearing, an ACAT Member will consider the lodged documents and may hear from the parties and witnesses. The Member may deliver a decision immediately or reserve the decision for later delivery.

Settling Before the Hearing

If the parties reach an agreement before the conference or hearing, you can send the Office of Rental Bonds a signed bond refund form. ACAT may also accept the matter as resolved if each party confirms in separate emails that an agreement has been reached, or if the lessor confirms (in writing or through an authorised representative) that they are no longer pursuing the bond.

Appeals

If you believe ACAT made an error when it decided the application, you may appeal within 28 days of the decision. Appeals are limited and procedurally complex — seek legal advice if you are considering one.

Rental Bond Help Program

For tenants who cannot afford to pay the bond upfront, the ACT Government’s Rental Bond Help Program offers an interest-free loan of up to 100% of the bond amount, repayable over 24 months. The program is administered by Housing ACT.

This is relevant to self-managing landlords because the loan is paid directly into the bond at the point of lodgement. If a tenant uses the Rental Bond Help Program, the bond record at the Office of Rental Bonds will carry a flag indicating the existence of the loan. At the end of the tenancy, the tenant’s portion of the bond may be refunded back to Housing ACT to repay any outstanding loan balance, depending on whether the loan has been discharged.

If you accept a bond paid through the program, the lodgement and release processes are otherwise the same as for any other bond.

If the tenancy ended because you served a notice for arrears or another breach, our ACT eviction notice guide guide covers that process separately. If the tenancy ended early because the tenant left before the fixed term expired, check the agreement and notice rules before treating the tenancy as ended.

Common Mistakes Landlords Make

Holding the Bond Yourself

The bond must be lodged with the Office of Rental Bonds within the prescribed period (2 weeks for self-managing lessors, 4 weeks for agents). Holding the bond in your own bank account beyond that period is an offence carrying a maximum penalty of 20 penalty units. The offence is strict liability — there is no defence based on intent or oversight.

Charging More Than 4 Weeks’ Rent

The 4-week cap is absolute. There is no exception for higher-rent properties, no separate pet bond, and no carpet or cleaning deposit on top. The Bond Lodgement Form will not be accepted with a bond above the maximum, and the tenant can recover any excess.

Taking a Holding Deposit

Holding deposits are prohibited in the ACT under Section 18. You cannot ask a prospective tenant to pay any amount to “reserve” or “secure” the property before the tenancy agreement is signed — not a holding deposit, not a good-faith deposit, not a reservation fee. Any amount paid is recoverable as a debt under Section 18(2), and Standard Terms clause 25 reinforces the prohibition.

Asking for a Top-Up Bond

You cannot ask the tenant to top up the bond when the rent goes up, when the agreement renews, or when consenting to a pet. Section 21 limits you to one bond per tenancy, and Section 22 prevents you from taking a new bond at the start of a consecutive agreement.

Not Providing a Receipt

Standard Terms clause 20(a) requires you to give the tenant a receipt for the bond as soon as you receive it. Failing to provide a receipt is a breach of the Standard Terms and weakens your evidence later if the lodgement timing is questioned.

Missing the Section 34 Timeframes

When the tenancy ends, you have 3 working days to give the tenant a signed bond release application — or 10 working days if your claim includes a deduction for damage (Section 31(a)) or for securing the premises where keys have not been returned (Section 31(b)). Missing these deadlines opens the door for the tenant to apply directly under Section 34B — and once the tenant’s application is in, you are operating from the back foot, with only 2 weeks to lodge a notice of dispute.

Failing to Itemise the Claim

A bond release application that includes a claim for deduction must be accompanied by a written statement of the reasons for the deduction, and (for damage and key claims) a written estimate of the cost. A claim for a lump sum without itemised reasons does not satisfy Section 34. ACAT will set aside or reduce claims that are not properly substantiated.

Missing the 2-Week Dispute Window

If the tenant lodges their own bond release application under Section 34B, the Office of Rental Bonds gives you a notice of application. You have 2 weeks from that date to lodge a notice of dispute. Miss the window and the tenant’s application is processed as lodged — even if you had a valid deduction claim. Diary the date and act before the deadline.

Inconsistent Tenant Names

The Bond Lodgement Form requires tenant names to be consistent with photo identification. If the bond is later released using a different spelling (or a nickname), the Office of Rental Bonds may refer the matter to ACAT under Section 34F to determine who is entitled to the bond. Avoid this by using the exact spelling from the tenant’s driver licence or passport at the lodgement stage.

Not Updating the Bond Record on Co-Tenant Changes

When a co-tenant leaves and a new co-tenant joins, the bond record at the Office of Rental Bonds must be updated using the Co-tenant Change Request Form. Failing to update means the leaving co-tenant remains on the bond and may dispute the eventual release. The form must be signed by all outgoing, incoming, and remaining tenants, plus the lessor or agent.

No Condition Report

The bond release process is only as strong as your evidence. The condition report — both the entry condition report and the final inspection report — is the single most important document in any bond dispute. If you do not have a properly completed condition report, ACAT has very little to go on when assessing your claim for damage. Treat the condition report as the foundation of every bond claim.

Frequently Asked Questions About Rental Bonds in the ACT

How much bond can I take from a tenant in the ACT? A maximum of 4 weeks’ rent. This is set by Section 20 of the Residential Tenancies Act 1997 and clause 16 of the Standard Terms. There is no higher threshold for higher-rent properties, and you cannot charge an additional pet bond, security deposit, or top-up.

Where do I lodge the bond? With the Office of Rental Bonds at the ACT Revenue Office. Lodgement can be made through the online Rental Bonds Portal at revenue.act.gov.au/rental-bonds, or by completing the paper Bond Lodgement Form and emailing it to rb@act.gov.au with payment by EFT to BSB 032-777, Account 002095.

How long do I have to lodge the bond? If you receive the bond yourself as a self-managing lessor, you have 2 weeks from the day you receive it. If your real estate agent receives the bond, the agent has 4 weeks. The penalty for failing to lodge in time is up to 20 penalty units, and the offence is strict liability.

Do I need to give the tenant a receipt? Yes. Standard Terms clause 20(a) (incorporated into every tenancy agreement by Section 8 of the Act) requires you to give the tenant a receipt as soon as you receive the bond. Issue a separate receipt for each instalment if the bond is paid in parts.

Can I ask the tenant for an additional bond if the rent increases or if I let them keep a pet? No. Section 21 of the Act limits you to one bond per tenancy. You cannot ask for a top-up bond for any reason — including a rent increase, a new agreement with the same tenant, or as a condition of consenting to a pet.

What can I deduct from the bond at the end of the tenancy? Section 31 sets out the permitted deductions: reasonable cost of repairs for damage other than fair wear and tear; reasonable cost of securing the premises if keys aren’t returned; rent owing at termination; reasonable cost of replacing fuel supplied; reasonable legal fees for assigning or transferring tenant rights; and amounts in agreement terms endorsed by ACAT under Section 10. Cleaning is not separately listed — you can only deduct for cleaning to the extent it falls within the cost of restoring the premises.

How long do I have to give the tenant the bond release application form when the tenancy ends? 3 working days in the ordinary case. 10 working days only where the application includes a claim for a deduction under Section 31(a) (damage repair) or Section 31(b) (the cost of securing the premises where keys have not been returned) — the longer period gives you time to obtain quotes for those costs. For all other deduction claims (rent owing, fuel, legal fees, or ACAT-endorsed term deductions), the 3-working-day rule applies. This is set by Section 34(2) of the Act.

What happens if the tenant won’t sign the bond release form? You can make your own application to the Office of Rental Bonds under Section 34C if the tenant has not returned the signed form within 10 days, or if you have been unable to give the tenant the form despite taking reasonable steps. The Office will give the tenant notice of your application, and if the tenant does not lodge a notice of dispute within 2 weeks, the bond will be released in accordance with your application.

What happens if I disagree with the tenant’s proposed bond refund? You must lodge a notice of dispute with the Office of Rental Bonds within 2 weeks of receiving the notice of application. If you lodge the dispute in time, the matter is referred to ACAT. If you miss the 2-week window, the tenant’s application is processed as lodged.

How are bond disputes resolved? The Office of Rental Bonds refers disputes to the ACT Civil and Administrative Tribunal (ACAT). ACAT will hold a conference first, and a hearing if no agreement is reached. At least 7 days before the conference, the lessor must provide a list of claims explaining how and why the bond should be distributed.

Can I appeal an ACAT bond decision? Yes, within 28 days of the decision. Appeals are limited in scope and procedurally complex — seek legal advice if you are considering one.

Do I take a new bond when a tenant rolls into a new agreement on the same property? No. Under Section 22 of the Act, the existing bond carries over to the consecutive tenancy agreement. You cannot ask for or accept a new bond unless a bond release application has first been made for the old bond.

A co-tenant is leaving — what happens to the bond? The remaining co-tenants must, not more than 14 days after the day the leaving co-tenant ceases to be a party to the agreement, pay the leaving co-tenant an amount equal to the bond paid by that co-tenant under the agreement (less any reasonable deductions for unpaid rent or damage caused by them) and notify the Office of Rental Bonds. The Co-tenant Change Request Form is used to update the bond record. This is governed by Section 35B. If the leaving tenant instead leaves at the end of a fixed term and does not continue into a consecutive tenancy agreement that the other co-tenants are signing, Section 35BA applies — the remaining co-tenants must pay the former co-tenant an amount equal to their bond contribution within 14 days after the consecutive agreement starts.

A tenant has given me a Family Violence Termination Notice — what do I do about the bond? Within 7 days after the vacating day stated in the family violence termination notice (not the actual day of physical vacating), you must notify the Office of Rental Bonds under Section 46F(2) by lodging the Notice to Territory — Receipt of Family Violence Termination Notice. The notice to the Territory must go first — Section 46F(3) prevents you from giving the remaining co-tenants a notice of continuing tenancy until after the vacating day has passed AND the Territory has been notified. The remaining co-tenants must then, not more than 14 days after the day the leaving co-tenant stops being a party to the agreement, pay the leaving co-tenant an amount equal to the bond paid by that co-tenant (less any reasonable deductions for unpaid rent or damage attributable to them) and notify the Office of Rental Bonds. If the leaving tenant is a sole tenant, the standard bond release process applies.

Can the tenant use the bond to pay the last weeks of rent? No. The bond is held in a Territory trust account and can only be released through the bond release process at the end of the tenancy. The tenant cannot decide to use the bond to cover their final weeks of rent. If they stop paying rent before vacating, the unpaid rent is one of the matters you can claim against the bond under Section 31(c).

What if the tenant cannot afford the full bond upfront? Tenants on low to moderate incomes may be eligible for the ACT Government’s Rental Bond Help Program — an interest-free loan of up to 100% of the bond amount, repayable over 24 months. The loan is paid directly into the bond at lodgement. Otherwise, you can agree to accept a guarantee or indemnity from a third party under Section 16 — but only up to the equivalent of 4 weeks’ rent.

How long is the bond held by the Office of Rental Bonds? The bond is held until a valid release application is processed. There is no automatic refund at the end of the tenancy — a release application must be made by the tenant, the lessor, or both jointly. If a refund cannot be paid out because of incorrect bank account details, the bond moves to “Unclaimed” status until the bank details are corrected.

Summary

The rental bond rules in the ACT are tightly prescribed. The key obligations for a self-managing landlord are simple to state and easy to comply with — provided you have systems in place.

Take no more than 4 weeks’ rent. Lodge the bond with the Office of Rental Bonds within the prescribed period (2 weeks for self-managing lessors, 4 weeks for agents, measured from the later of receipt or tenancy commencement per Regulation 2). Give the tenant a receipt. Use the Rental Bonds Portal where possible — and remember that the Portal is mandatory for landlord refund applications. Don’t take holding deposits — they are prohibited. Don’t ask for top-up bonds. Update the bond record when co-tenants change. At the end of the tenancy, give the tenant a signed bond release application within 3 working days (or 10 working days if you are claiming a deduction for damage repair or for the cost of securing the premises where keys have not been returned), with itemised reasons and cost estimates. If the tenant disputes your claim, expect the matter to be referred to ACAT.

The single most important asset you have in a bond dispute is documentation. A complete, signed condition report at the start and end of the tenancy. Receipts and quotes for any repair claim. Photographs of damage. A clear timeline of communications with the tenant. Without these, ACAT has nothing to work with — and even legitimate claims can fail.

Related guides for ACT landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• ACT tenancy agreement guide
• ACT rent increase guide
• ACT eviction notice guide

Compare rental bond guides in other states

• WA rental bond guide
• NSW rental bond guide
• QLD rental bond guide
• VIC rental bond guide
• SA rental bond guide
• Tasmania rental bond guide