19Prohibited terms

19 Prohibited terms

19 Prohibited terms

(1) A residential tenancy agreement must not contain a term of a kind set out in this section or prescribed by the regulations for the purposes of this section.

(2) Terms having the following effects must not be included in a residential tenancy agreement—

(a) that the tenant must, at the end of the tenancy—

(i) have the carpet professionally cleaned or pay for the carpet to be professionally cleaned, or

(ii) have the premises, or part of the premises, professionally fumigated or pay for the premises, or part of the premises, to be professionally fumigated,

(b) that the tenant must take out a specified, or any, form of insurance,

(c) exempting the landlord from liability for any act or omission by the landlord, the landlord’s agent or any person acting on behalf of the landlord or landlord’s agent,

(d) that, if the tenant breaches the agreement, the tenant is liable to pay all or any part of the remaining rent under the agreement, increased rent, a penalty or liquidated damages,

(e) that, if the tenant does not breach the agreement, the rent is or may be reduced or the tenant is to be or may be paid a rebate of rent or other benefit,

(f) that the tenant must use the services of a specified person or business to carry out any of the tenant’s obligations under the agreement.

Note.

Section 15 also prohibits certain additional terms from being included in a residential tenancy agreement for which a standard form is prescribed.

(3) Subsection (2)(a) does not prevent a reasonable condition being imposed by a landlord in a consent granted under Part 3, Division 8.

s 19: Am 2024 No 75, Sch 1[2]–[4]; 2025 No 48, Sch 1.9[2] [3].