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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 21

New Division 1B and Division 1C of Part 2 inserted

Before Division 2 of Part 2 of the Principal Act insert

" Division 1B—Disclosures and representations prior to entering into residential rental agreements

        30B     Restriction on use of personal information provided by prospective renters

A residential rental provider or that person's agent must not use personal information disclosed by a person on an application form used to apply to enter into a residential rental agreement unless the use is for—

        (a)     assessing the person's suitability as a renter; or

        (b)     any other requirement of this Act.

        30C     Residential rental provider must not request prescribed information from applicants

A residential rental provider or that person's agent must not request a person who applies to enter into a residential rental agreement to disclose the prescribed information.

        30D     Information that residential rental providers must disclose before entering residential rental agreement

Before entering into a residential rental agreement, a residential rental provider must disclose the following information to the renter

        (a)     if the residential rental provider has engaged an agent to sell the rented premises or prepared a contract of sale, that there is a proposal to sell the rented premises;

        (b)     if a mortgagee has commenced a proceeding to enforce a mortgage over the rented premises, that a mortgagee is taking action for possession of the rented premises;

        (c)     if the residential rental provider is not the owner of the rented premises, that the residential rental provider has a right to let the rented premises;

        (d)     if the rented premises are supplied with electricity from an embedded electricity network, the prescribed details of the operator of the embedded electricity network;

        (e)     any other prescribed information in relation to the rented premises.

        30E     Misleading or deceptive conduct inducing a person to enter a residential rental agreement

    (1)     This section applies to—

        (a)     a residential rental provider who is not acting in trade or commerce in entering into a residential rental agreement; and

        (b)     the agent of a residential rental provider referred to in paragraph (a) who is not acting in trade or commerce.

    (2)     A residential rental provider or that person's agent must not induce a person to enter into a residential rental agreement by engaging in conduct that is misleading or deceptive, or that is likely to mislead or deceive.

    (3)     A residential rental provider or that person's agent must not induce a person to enter into a residential rental agreement by making a false or misleading representation concerning any of the following—

        (a)     the residential rental provider's interest in the land;

        (b)     the rent payable under the agreement;

        (c)     the location of the premises to be let under the agreement;

        (d)     the characteristics of the premises to be let under the agreement;

        (e)     the use to which the premises to be let under the agreement are capable of being put or may lawfully be put;

        (f)     the existence or availability of facilities associated with the premises to let under the agreement.

Penalty:     60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

    (4)     This section does not limit the operation of the Australian Consumer Law (Victoria).

Division 1C—Rental auctions prohibited

        30F     Rented premises must be offered for rent at a fixed amount

    (1)     Subject to subsection (2), a residential rental provider or that person's agent must not advertise or otherwise offer premises unless the rent under the residential rental agreement is advertised or offered as a fixed amount.

Penalty:     60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

    (2)     A person does not commit an offence against subsection (1) if the person places a sign at or near premises for rent—

        (a)     that advertises or offers premises for rent; and

        (b)     that does not state an amount of rent for premises.

    (3)     A residential rental provider or that person's agent must not solicit or otherwise invite an offer of an amount of rent that is higher than the advertised amount of rent for the rented premises.

Penalty:     60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

        30G     Residential rental provider or that person's agent must not engage in false or misleading advertising of rent for rental premises

    (1)     This section applies to—

        (a)     a residential rental provider who is not acting in trade or commerce in entering into a residential rental agreement; and

        (b)     the agent of a residential rental provider referred to in paragraph (a) who is not acting in trade or commerce.

    (2)     A residential rental provider or that person's agent who promotes or advertises rented premises must not make a false or misleading representation in relation to the rent for the premises.

Penalty:     60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

    (3)     This section does not limit the operation of the Australian Consumer Law (Victoria).".



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