Victorian Numbered Regulations

RESIDENTIAL TENANCIES REGULATIONS 2021 (SR NO 3 OF 2021) - REG 73

For the purposes of section 206FA(1)(e) of the Act, the following terms are prescribed as prohibited terms—

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

        (b)     a term which requires the site tenant to indemnify the site owner;

        (c)     a term which prevents the site tenant from making a claim for compensation because the Part 4A site is not available on the commencement date of the site agreement;

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

        (e)     a term which requires the site tenant to use the services of a third party service provider nominated by the site owner, other than an embedded network;

        (f)     a term which makes the site tenant liable for the site owner's costs of filing an application at the Tribunal;

        (g)     a term which makes the site tenant liable by default for an insurance excess to be paid under an insurance policy of the site owner;

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