Victorian Current Acts Victorian Current Acts(1) If an application is made under section 46 , the Tribunal may—
(a) make an order—
(i) declaring the rent or proposed rent excessive; and
(ii) directing that for the period specified in the order the rent must not exceed the amount specified in the order; or
(b) dismiss the application.
(2) If the Director's report has been obtained under section 45, the Tribunal must have regard to that report in determining the application.
S. 47(3) amended by No. 45/2018 s. 346(9)(a).
(3) The Tribunal must make an order declaring the rent or proposed rent excessive if it is satisfied that the rent or proposed rent is more than that which should reasonably be paid by a renter having regard to—
S. 47(3)(a) amended by No. 45/2018 s. 346(9)(b).
(a) the rent payable for comparable rented premises let under a residential rental agreement by a residential rental provider, other than a public statutory authority, in the same locality;
(b) the state of repair and general condition of the rented premises;
(c) the cost of goods and services and facilities provided with the rented premises;
S. 47(3)(d) amended by No. 45/2018 s. 346(9)(c).
(d) any charges in respect of the rented premises for which the residential rental provider is or may be liable under this Act or any other Act or the residential rental agreement;
S. 47(3)(e) amended by No. 45/2018 s. 346(9)(d).
(e) the cost of goods and services and facilities provided by the renter under the residential rental agreement;
S. 47(3)(f) amended by No. 45/2018 s. 346(9)(e).
(f) any charges payable by the renter under this Act or any other Act or the residential rental agreement;
S. 47(3)(g) amended by No. 45/2018 s. 346(9)(f).
(g) any work which the renter has done with the residential rental provider's consent or agreed with the residential rental provider to do to the premises;
S. 47(3)(h) amended by No. 45/2018 s. 346(9)(g).
(h) any changes in the rent and the condition of the rented premises or facilities since the commencement of the residential rental agreement and since the last rent increase;
S. 47(3)(ha) inserted by No. 45/2002 s. 13.
(ha) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;
(i) any valuation of the rented premises.
S. 47(4) amended by No. 45/2018 s. 346(10).
(4) If the Tribunal makes an order under subsection (1)(a) in relation to rented premises, the residential rental provider cannot require the renter to pay an amount of rent greater than that specified in the order for a period of 12 months after the day on which the order comes into operation.