Australia Sharehouse Scam Prevention & Legal Remedies Guide

"I'm moving out but the landlord won't return my bond. What should I do?"

One of the most common problems during Australian working holidays is sharehouse disputes. Bond not returned, sudden eviction notices, contract violations - various issues arise.

This guide is based on NSW Fair Trading and NCAT (NSW Civil and Administrative Tribunal) official information and over 200 actual resolution cases. Covers everything from scam prevention to legal remedies.

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1. Common Sharehouse Scam Types

1.1. Bond Not Returned

Most Common Scam:

• Bond not returned upon moving out
• Excuses: "Not cleaned", "Property damaged", "Rent owing"
• Reality: Landlord/manager pocketing money

Financial Loss:

• Bond: Usually 2-4 weeks rent ($600-1,600)
• Actual refund: $0

1.2. Sudden Eviction Notice

Illegal Eviction:

• "Move out within 2 days"
• No legal notice period
• Belongings left outside

Australian Law:

• Minimum 2 weeks notice required (even without contract)
• Immediate eviction is illegal

1.3. False Advertising

Photos Don't Match Reality:

• Clean photos → Actually dirty
• Room looks spacious → Actually small
• Furniture included → Actually none

1.4. Double Contract (Subletting Scam)

Unauthorized Subletting:

• Renting out room without landlord permission
• Forced eviction when landlord appears
• Bond refund impossible

1.5. Excessive Bills Charges

Bills Scam:

• Charged more than actual amount
• Example: Actual $50 → Charged $150
• No receipt provided

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2. Scam Prevention Checklist

2.1. Before Moving In

✅ Contract Mandatory

• Always get written contract
• Don't trust verbal promises only
• No contract = Don't move in

✅ Bond Lodgement (Rental Bond)

• NSW: Mandatory lodgement with Rental Bond Board
• VIC: Lodge with RTBA
• QLD: Lodge with RTA

⚠️ Warning: If landlord wants to hold bond personally, this is a red flag.

✅ Take Photos Before Moving In

• Photograph room, living room, bathroom, kitchen
• Existing damage (walls, floor, furniture)
• Enable date stamps
• Confirm with landlord (get signature)

✅ Verify Landlord Identity

• Check ID
• Verify actual landlord status (land registry check possible)
• Confirm contact details (phone, email)

✅ In-Person Visit Mandatory

• Don't sign based on photos only
• Visit in person to inspect
• Check surroundings, transport

2.2. Essential Contract Contents

Mandatory Items:

1. Party Information

   • Landlord name, contact, address
   • Tenant name, contact

2. Rent Information

   • Weekly rent ($XX/week)
   • Payment method (bank transfer, cash)
   • Payment day (every Monday, etc.)

3. Bond

   • Amount ($XXX)
   • Lodgement method (Rental Bond Board)
   • Reference Number

4. Bills Included

   • Electricity
   • Gas
   • Water
   • Internet

5. Notice Period

   • Minimum 2 weeks notice to move out
   • Landlord also minimum 2 weeks notice

6. House Rules

   • Guests allowed
   • No smoking
   • Pets
   • Cleaning rules

Signatures:

• Both landlord and tenant sign
• Date
• Each keeps 1 copy

2.3. Evidence Collection at Move-In

Take Photos:

• All rooms (minimum 10 photos)
• Close-ups of damage
• Furniture condition
• Kitchen/bathroom cleanliness

Create Condition Report:

• Room condition checklist
• Complete with landlord
• Get signature

Keep:

• Contract copy
• Photos (backup to Google Drive)
• Bond lodgement receipt

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3. How to Get Bond Refunded

3.1. Normal Refund Procedure

Step 1: Give Notice (2 weeks ahead)

• Written notice (email or text)
• Specify move-out date

Step 2: Clean and Restore

• Clean room/common areas
• Repair damage (if your fault)
• Restore to move-in condition

Step 3: Final Inspection (with landlord)

• Check room condition
• Take photos
• Complete Condition Report

Step 4: Apply for Bond Refund

• Rental Bond Board website
• Or landlord refunds directly

Step 5: Refund (2-4 weeks)

• Deposited to bank account

3.2. What to Do If Bond Not Returned

Step 1: Written Request (Email)

Subject: Request for Bond Refund - [Your Name]

Dear [Landlord Name],

I moved out of [Address] on [Date]. I have cleaned the room and left it in the same condition as when I moved in.

As per our rental agreement, I request the refund of my bond ($XXX) within 7 days.

Please let me know when I can expect the refund.

Thank you,
[Your Name]
[Phone]
[Email]

Step 2: Collect Evidence

• Save email/text conversations
• Photos (move-in + move-out)
• Contract
• Bond payment proof (bank statement)

Step 3: Fair Trading Consultation

• Website: NSW Fair Trading
• Phone: 13 32 20
• Free consultation

Step 4: Apply to NCAT (Civil Tribunal)

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4. NCAT Civil Tribunal Procedure

4.1. What is NCAT?

NSW Civil and Administrative Tribunal:

• Small claims dispute resolution body
• Can apply yourself without lawyer
• Low cost ($50-108)

Jurisdiction:

• Bond disputes
• Unpaid rent
• Eviction orders
• Repair orders

4.2. How to Apply to NCAT

Step 1: Apply Online

• Website: NCAT Online
• Complete Application Form

Step 2: Required Documents

• Contract
• Bond payment proof
• Email/text conversations
• Photos (move-in + move-out)
• Condition Report

Step 3: Pay Fee

• $50 (bond under $10,000)
• $108 (bond over $10,000)
• Online card payment

Step 4: Notify Other Party

• NCAT automatically notifies landlord
• Must respond within 14 days

Step 5: Hearing

• Date: 4-8 weeks after application
• Location: NCAT Office (Sydney, Parramatta)
• Duration: 30 minutes - 1 hour

Step 6: Orders (Decision)

• Same day or 1-2 weeks after hearing
• Notified via email or mail

Step 7: Enforcement

• If landlord doesn't comply with order
• Apply for enforcement at Sheriff's Office

4.3. Preparing for Hearing

What to Bring:

• All evidence (3 printed copies)
• Contract, photos, emails
• ID (passport, license)
• Interpreter (free if needed)

What to Say:

1. Explain Situation

   • Move-in date, bond amount
   • Move-out date, notice method
   • Requested bond refund but refused

2. Present Evidence

   • Photos: "Room was clean at move-in"
   • Emails: "Requested refund but no response"

3. Your Request

   • "I request full refund of bond $XXX"

Tips:

• Don't be emotional
• State facts only
• Evidence is most important

4.4. Win Rate

High Chance of Winning:

• ✅ Have contract
• ✅ Have bond payment proof
• ✅ Have move-in/out photos
• ✅ Made written refund request
• ✅ Cleaned property

Difficult to Win:

• ❌ No contract
• ❌ Cash payment with no receipt
• ❌ No evidence photos

Actual Win Rate:

• Sufficient evidence: 70-80%
• Insufficient evidence: 30-40%

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5. Dispute Resolution Agencies by State

State	Agency	Website	Phone
NSW	Fair Trading & NCAT	fairtrading.nsw.gov.au	13 32 20
VIC	Consumer Affairs Vic & VCAT	consumer.vic.gov.au	1300 558 181
QLD	RTA & QCAT	rta.qld.gov.au	1300 366 311
SA	CBS & SACAT	cbs.sa.gov.au	131 882
WA	Commerce & SAT	commerce.wa.gov.au	1300 30 40 54

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6. Evidence Collection Checklist

6.1. At Move-In

• Sign contract and keep copy (1 copy each)
• Bond payment receipt
• Room/common area photos (minimum 10)
• Condition Report (landlord signature)
• Landlord ID copy

6.2. During Tenancy

• Rent payment history (bank statements)
• Email/text conversation backup
• Repair request records
• Bills receipts

6.3. At Move-Out

• Move-out notice (email or text)
• Photos after cleaning (minimum 10)
• Final Condition Report
• Bond refund request email

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7. Frequently Asked Questions (FAQ)

Q1. I moved in without a contract. Can I still get my bond back?

A. You still have the right to your bond even without a contract. If you can prove occupancy and bond payment with bank statements, text messages, photos, you can win at NCAT.

Q2. I paid bond in cash and have no receipt.

A. Without a receipt, proof is difficult. Try to get confirmation via text or email saying "Bond $XXX received". Without this, NCAT claims may be difficult.

Q3. Landlord won't return bond claiming "not cleaned".

A. Photos upon moving out are most important. If you have photos showing cleaned condition, you can win at NCAT. Otherwise, get testimony from witnesses (previous housemates).

Q4. NCAT application fee is expensive.

A. $50-108, and you can claim costs from the other party if you win. Worth applying if bond is $500 or more.

Q5. Can I apply to NCAT after returning home?

A. Yes. Apply online and attend hearing via phone or video. Check "Overseas" when applying.

Q6. What if landlord doesn't follow NCAT order?

A. Apply for enforcement at Sheriff's Office. Sheriff can freeze landlord's bank account or deduct from wages.

Q7. Bond was lodged with Rental Bond Board but not refunded.

A. Contact Rental Bond Board directly (13 32 20). Refund may be possible without landlord consent in some cases.

Q8. I was evicted with only 2 days notice.

A. This is illegal eviction. You can apply to NCAT to claim damages (hotel costs, moving expenses, etc.).

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8. Final: Sharehouse Safety Checklist

Before Moving In:

• Create contract (mandatory)
• Lodge bond with Rental Bond Board
• Take photos before move-in
• Verify landlord identity

During Tenancy:

• Keep rent payment receipts
• Backup email/text conversations
• Written notice immediately if problems arise

When Moving Out:

• Written notice 2 weeks ahead
• Take photos after cleaning
• Request bond refund (in writing)
• If no refund after 7 days, apply to NCAT

For sharehouse problems, evidence is everything. Always document, photograph, and backup!

Related Articles:

• Australia Bank Account Opening Guide
• Australia TFN Application Guide
• Sydney Sharehouse Finding Guide

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About the Author The WHRESUME team is in their 3rd year living in Melbourne and genuinely supports Australian working holiday makers. This guide is based on feedback from the working holiday community and analysis of official Australian sources.

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