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). Note Section 472(1A) provides for orders that the Tribunal may make on an application or in proceedings in respect of a contravention of this section.
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