VIC: Residential Tenancies Regulation 11 Prohibited terms

Prohibited terms For the purposes of section 27B(1)(g) of the Act, the following are prescribed prohibited terms—

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

(b) a term which requires the renter to indemnify the residential rental provider;

(c) a term which prevents the renter from making a claim for compensation because the rented premises is not available on the commencement date of the residential rental agreement;

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

(e) a term which requires the renter to use the services of a third party service provider nominated by the residential rental provider other than an embedded network;

(f) a term which imposes fees for, or delegates, safety-related maintenance that is the responsibility of the residential rental provider;

(g) a term which makes the renter liable for the residential rental provider's costs of filing an application at the Tribunal;

(h) a term which makes the renter liable by default for an insurance excess to be paid under an insurance policy of the rental provider;

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