Victorian Consolidated Regulations

RESIDENTIAL TENANCIES REGULATIONS 2021 - REG 39

For the purposes of section 94AD(1)(g) of the Act, the following are prescribed prohibited terms—

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

        (b)     a term which requires the resident to indemnify the rooming house operator;

        (c)     a term which prevents the resident from making a claim for compensation because the room is not available on the commencement date of the agreement;

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

        (e)     term which requires the resident to use the services of a third party service provider nominated by the rooming house operator, other than an embedded network;

        (f)     a term which makes the resident liable for the rooming house operator's costs of filing an application at the Tribunal;

        (g)     a term which makes the resident liable by default for an insurance excess to be paid under an insurance policy of the rooming house operator;

        (h)     a term which unreasonably limits the resident's use of utilities;

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