Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 126

After section 144 of the Principal Act insert —

        " 144AA     Prohibited terms—general

    (1)     An agreement under section 144 must not include any of the following terms—

        (a)     a term that requires the resident to take out any form of insurance;

        (b)     a term that exempts the caravan park owner from liability for an act of—

              (i)     the caravan park owner or that person's agent; or

              (ii)     a person acting on behalf of the caravan park owner or that person's agent;

        (c)     a term that provides that if the resident contravenes the agreement, the resident is liable to pay—

              (i)     all or part of the remaining rent under the agreement; or

              (ii)     increased rent; or

              (iii)     a penalty; or

              (iv)     liquidated damages;

        (d)     a term that provides that if the resident does not contravene the agreement—

              (i)     the rent is reduced; or

              (ii)     the rent may be reduced; or

              (iii)     the resident is to be paid a rebate or other benefit; or

              (iv)     the resident may be paid a rebate or other benefit;

        (e)     any other prescribed prohibited term.

    (2)     A term in an agreement under section 144 must not include a term that requires a party to the agreement to bear any fees, costs or charges incurred by the other party in connection with the preparation of the agreement.

Note

Section 144 provides that terms which must not be included in an agreement are invalid.

        144AB     Prohibited terms—professional cleaning

    (1)     Subject to this section, an agreement under section 144 must not include—

        (a)     a term that requires all or part of the caravan to be professionally cleaned at the end of the agreement; or

        (b)     a term that requires the resident to pay the cost of having all or part of the caravan in the caravan park professionally cleaned at the end of the agreement.

    (2)     An agreement under section 144 may include a term that requires the caravan to be professionally cleaned if professional cleaning is required to restore the caravan to the condition it was in immediately before the start of the agreement, taking into account fair wear and tear.

    (3)     An agreement under section 144 may include a term that requires the resident to pay the cost of having all or part of the caravan professionally cleaned if professional cleaning is required to restore the caravan to the condition it was in immediately before the start of the agreement, taking into account fair wear and tear.".