Clause 35. Tenancy costs cover grant: Conditional grant

35

Tenancy costs cover grant: Conditional grant

(1)

A grant of tenancy costs cover is a conditional grant and is not payable until and unless MSD is satisfied that all the following conditions are met:

(a)

the applicant entered into an RTA agreement for alternative housing within 6 months of being notified in writing of the grant of tenancy costs cover; and

(b)

the accommodation supplier entered into that RTA agreement on the basis that the applicant was granted tenancy costs cover; and

(c)

the applicant paid a bond (or a portion of a bond) of an amount equivalent to 4 weeks' rent for the alternative housing (calculated at the rate of rent payable at the commencement of the RTA agreement); and

(d)

the applicant is liable to the accommodation supplier for outstanding accommodation costs and expenses in excess of the amount of the bond payment referred to in subclause (c):

(e)

MSD has been provided a copy of the RTA agreement and a receipt for the bond; and

(f)

the RTA agreement was subsequently terminated (regardless of which party terminated the RTA agreement) within 24 months after commencement of the RTA agreement; and

(g)

a claim for payment of a tenancy costs cover grant has been made to MSD by the applicant or the accommodation supplier within 3 months of the RTA agreement terminating, unless MSD has extended that period (see subclause (3)); and

(h)

MSD is satisfied that-

(i)

the applicant agrees that they are liable (either in full or part) for the outstanding accommodation costs and expenses claimed under subclause (1)(g); or

(ii)

a sealed Tenancy Mediator's order (as provided for under section 88 of the Residential Tenancies Act 1986), Tenancy Tribunal order or order of the court requires the applicant to pay the outstanding accommodation costs and expenses claimed under subclause (1)(g); and

(i)

MSD has been provided all the supporting evidence required to determine the claim.

(2)

A grant under this subpart expires, and must not be paid, 3 months after the accommodation agreement has ended, unless MSD has extended this period under subclause (3).

(4)

MSD may extend the period in subclause (2) for a maximum of 3 months per extension for a maximum of 2 extensions, if a claim for the outstanding accommodation costs and expenses has been lodged but not yet decided that may result in an order that subclause (1)(h)(ii) applies to.