Victorian Consolidated Regulations

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RESIDENTIAL TENANCIES REGULATIONS 2021 - REG 11

Prohibited terms

For the purposes of section 27B(1)(g) of the Act, the following are prescribed prohibited terms—

        (a)     a term which binds the renter to a contract that the renter did not agree to in writing, after having an opportunity to review the contract, before entering into the residential rental agreement;

        (b)     a term which requires the renter to indemnify the residential rental provider;

        (c)     a term which prevents the renter from making a claim for compensation because the rented premises is not available on the commencement date of the residential rental agreement;

        (d)     a term which requires the renter to pay rent in advance by a payment method which requires additional costs (other than bank fees or account fees payable on the renter's bank account);

        (e)     a term which requires the renter to use the services of a third party service provider nominated by the residential rental provider other than an embedded network;

        (f)     a term which imposes fees for, or delegates, safety‑related maintenance that is the responsibility of the residential rental provider;

        (g)     a term which makes the renter liable for the residential rental provider's costs of filing an application at the Tribunal;

        (h)     a term which makes the renter liable by default for an insurance excess to be paid under an insurance policy of the rental provider;

              (i)     a term which imposes fixed fees for terminating a residential rental agreement early, unless the basis for calculating the fixed fees has been set out in the agreement.



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