39Prohibited terms

39 Prohibited terms

For the purposes of section 94AD(1)(g) of the Act, the following are prescribed prohibited terms—

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

(b) a term which requires the resident to indemnify the rooming house operator;

(c) a term which prevents the resident from making a claim for compensation because the room is not available on the commencement date of the agreement;

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

(e) term which requires the resident to use the services of a third party service provider nominated by the rooming house operator, other than an embedded network;

(f) a term which makes the resident liable for the rooming house operator's costs of filing an application at the Tribunal;

(g) a term which makes the resident liable by default for an insurance excess to be paid under an insurance policy of the rooming house operator;

(h) a term which unreasonably limits the resident's use of utilities;

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