21AMatters to be considered by the Director when determining if rent is excessive

21A Matters to be considered by the Director when determining if rent is excessive

(2) For the purposes of section 45(4)(b)(ii) of the Act, the prescribed matters in relation to an application under section 45(1)(b) of the Act are—

(a) the proposed rent compared to the current rent; and

(b) the rate of increase between the current rent and the proposed rent having regard to the annual inflation rate; and

(c) relevant similarities and differences between the premises and comparable premises that are the basis of comparison under section 47(3)(a) of the Act, including—

(i) the location; and

(ii) the facilities at the premises; and

(iii) the size of the land and any dwelling on the land; and

(iv) the state of repair and general condition of the dwelling or dwellings; and

(v) the number of bedrooms; and

(d) whether the residential rental provider is contravening a provision of Division 5A of Part 2 of the Act and the contravention is the subject of—

(i) an order made by the Tribunal; or

(ii) an infringement notice issued by an authorised officer within the meaning of section 510B of the Act; or

(iii) a court order; and

(e) if—

(i) the residential rental provider is a provider listed in subregulation (4); or

(ii) the application is in respect of—

(A) housing provided under a Victorian Affordable Housing Program (within the meaning of the Housing Act 1983); or

(B) accommodation that is provided under a specialised housing program—

any proposed rent that has been validated by the Valuer‑General and approved by the Chief Executive Officer of Homes Victoria in relation to the premises.

(3) For the purposes of subregulation (2)(b), the annual inflation rate means the Consumer Price Index—All Groups Melbourne calculated using the most recent quarterly release from the Australian Bureau of Statistics that states the "All Groups CPI" change in the past 12 months for Melbourne.

(4) For the purposes of subregulation (2)(e), the residential rental providers are—

(a) Homes Victoria; or

(b) a registered agency within the meaning of the Housing Act 1983.

Reg. 21B inserted by S.R. No. 123/2025 reg. 7.