VIC Illegal Subletting Dispute - Bond Back?

[Louis Lee]

Hi. I am currently renting a room and I didn't have any lease contract written with the head tenant I know that he is doing illegal sublet. I had some argument with him and would like to move in one week and he said he would not give the bond back.

Clearly there is nothing in black and white and I pay cash only. Is there any way I can claim my bond back (tenants rights in practice even though I don't have a proper lease)?

 

[Rod]

Can you prove you gave him bond money?

 

[Louis Lee]

I don't think I can because I gave him cash. Can I also sue him not signing contract with me?

 

[Sarah J]

Hi Louis,

Oral tenancy agreements are perfectly legal and in some cases, enforceable.

Do you have any bank statements to verify that you took out a certain amount of money to pay for the bond? Is there an email or other form of written note that suggests the existence of a bond? Do you have any email correspondences where you ask for the bond money back and the head-tenant refuses? There may be some other ways of showing that you did in fact pay bond and how much the bond was.

I would suggest giving Consumer Affairs Victoria a call and ask them for advice or assistance in getting your bond money back. Consumer Affairs Victoria is a free service that provides advice and dispute resolution assistance to tenants and deal with bond issues quite often.

If you suspect that the tenancy arrangement is illegal and where you believe the tenant/landlord breached other parts of the Residential Tenancies Act you can possibly use this in negotiating getting your bond money back.