Part 10 Matters relating to vacation of premises
(1) This Part extends to apply in respect of a former occupant of a retirement village whose residence contract was in force immediately before the commencement of this Part, except as otherwise provided by this Part.(2) For the purposes of this Part, a former occupant referred to in Division 4 of Part 6 is taken to have permanently vacated his or her residential premises in the retirement village on the date on which he or she died or moved out of the village, and nothing in that Division affects any rights or obligations of the resident under this Part.(3) This Part has effect despite the provisions of any village contract.
150 References to “owner” and sale of “residential premises”
(1) In this Part, a reference to an owner of residential premises in a retirement village is taken to include a reference to a resident or former occupant of the premises:(a) who is taken to have a residence right in respect of the premises in accordance with section 4 (2), or(b) who does not own the premises but whose residence contract:(i) is in the form of a registered long-term lease, and(ii) includes a provision that entitles the resident or former occupant to at least 50% of any capital gains in respect of the premises.(2) In this Part, a reference to the sale of residential premises occupied under a residence contract referred to in subsection (1) (b) is taken to include a reference to the sale of the residence right in respect of the premises.(3) For the purpose of subsection (1) (b), registered long-term lease means a lease registered under the Real Property Act 1900 that:(a) has a term of at least 50 years (inclusive of any option to renew), or(b) is for the life of the lessee.
151 Recurrent charges in respect of personal services
(1) A resident of a retirement village who is temporarily absent from the village for a period of at least 28 days is not liable to pay, in respect of the remainder of that period of absence, recurrent charges for personal services.(1A) In the case where the resident concerned has moved out or died, the liability to pay recurrent charges for personal services ceases as from the date the resident moved out or the date on which the operator is notified of the resident’s death, as the case may be. However, any such liability does not cease in relation to services provided before that date.(2) If the operator and the resident or former occupant cannot agree on the proportion of recurrent charges that are payable for personal services, either of them may apply to the Tribunal for (and the Tribunal may make) an order apportioning the resident’s or former occupant’s recurrent charges between personal services and general services.(3) (Repealed)
152 Recurrent charges in respect of general services: owners
(1) This section applies to a former occupant of residential premises in a retirement village who owns the premises.(2) The former occupant’s liability to pay recurrent charges (being recurrent charges in respect of general services) that arise after the former occupant permanently vacated the residential premises ceases on:(a) the date on which the operator of the retirement village enters into:(i) a village contract with an incoming resident, or(ii) a residential tenancy agreement with an incoming tenant,in relation to the premises, or(b) the date on which a person takes up residence in the premises with the consent of the operator, or(c) if the operator buys the premises from the former occupant—the date on which contracts for the purchase are exchanged, or(d) if the former occupant is a person referred to in section 150 (1) (b):whichever date occurs first, unless the contract between the former occupant and the operator provides for an earlier cessation of that liability.(i) if the Tribunal terminated the residence contract—the date on which the former occupant delivered up vacant possession of the premises to the operator, or(ii) if the former occupant delivered up vacant possession of the premises to the operator after receiving notice of the operator’s intention to apply to the Tribunal for an order terminating the residence contract—the date on which vacant possession was delivered,
153 Recurrent charges in respect of general services: non-owners
(1) This section applies to a former occupant of residential premises in a retirement village who is not the owner of the premises.(2) The former occupant’s liability to pay recurrent charges (being recurrent charges in respect of general services) that arise after the former occupant permanently vacated the residential premises ceases (unless the contract between the former occupant and the operator provides for an earlier cessation of that liability) on:(a) the date on which the operator of the retirement village enters into:(i) a village contract with an incoming resident, or(ii) a residential tenancy agreement with an incoming tenant,in relation to the premises, or(b) the date on which a person takes up residence in the premises with the consent of the operator, or(c) if the Tribunal terminated the residence contract—the date on which the former occupant delivered up vacant possession of the premises to the operator, or(d) if the former occupant delivered up vacant possession of the premises to the operator after receiving notice of the operator’s intention to apply to the Tribunal for an order terminating the residence contract—the date on which vacant possession was delivered, or(e) the date that is 6 months after the date on which the former occupant otherwise delivered up vacant possession of the premises to the operator,whichever date occurs first, or such earlier date as the operator and the former occupant may agree.
154 Time of payment of recurrent charges
(1) A former occupant may, at his or her option, either:(a) discharge (either wholly or in part) as the liability arises his or her liability for recurrent charges that arise after the former occupant permanently vacated the residential premises, or(b) discharge that liability (either wholly or in part):(i) in the case of a former occupant who owns the residential premises concerned—from the proceeds of the sale of the premises, or(ii) in any other case—from the money payable to the former occupant by the operator of the retirement village under any village contract.(2) The former occupant must notify the operator of the retirement village in writing of the option chosen as soon as practicable after permanently vacating the premises.
155 Interest on recurrent charges
(1) The operator of a retirement village may charge interest on so much of the recurrent charges as are not paid by a former occupant of the village as the liability to pay those charges arises.(2) Subsection (1) does not apply if a contract between the operator and the former occupant specifies that interest is not payable on the recurrent charges.(3) The regulations may prescribe a maximum rate of interest for the purposes of this section.(4) However, if the operator and the former occupant agree to a lower rate of interest, or if a contract between the operator and the former occupant specifies a lower rate of interest for the purposes of this section, the interest is payable by the former occupant at that lower rate.
156 What is a “departure fee”?
(1) A departure fee is:(a) any amount of money payable under a village contract by a former occupant of a retirement village that is calculated in relation to:(i) the period, or part of the period, during which the former occupant has or had a residence right in the village, and(ii) such period after the termination of the former occupant’s residence right as is specified in section 160 (2), or(b) any other money payable by a former occupant of a retirement village that is declared by the regulations to be a departure fee.Note. Departure fees include the fees known as deferred fees under the 1995 Retirement Village Industry Code of Practice and deferred management fees under the 1989 Retirement Village Industry Code of Practice.(2) However, a departure fee does not include recurrent charges.(3) A departure fee must be calculated on a daily basis.(4) If a resident or former occupant of a retirement village moves to other residential premises in the village (or in another retirement village that is managed or controlled by the same operator or a close associate of that operator), the resident or former occupant is taken to have a continuous residence right for the purpose of the calculation of the departure fee.
(1) Any departure fee is payable to the operator of the retirement village.(2) A departure fee is payable out of the former occupant’s ingoing contribution.(3) However, if the former occupant owns (or owned) his or her residential premises in the retirement village, the departure fee is payable out of the proceeds of the sale of the residential premises concerned.(4) A departure fee is to be deducted from the amount of the refund of the ingoing contribution, or the proceeds of the sale, payable to the former occupant as specified in the relevant village contract.
158 Period for which departure fee may be charged after permanent vacation of premises: new contracts
(1) This section applies only in the case of a former occupant whose village contract providing for payment of a departure fee was entered into on or after the commencement of this section.(2) A departure fee is not payable to the extent that it is calculated in respect of a period after the former occupant permanently vacated the residential premises concerned.
159 Period for which departure fee may be charged after permanent vacation of premises: old contracts—owners
(1) This section applies only in the case of a former occupant:(a) who owns his or her residential premises in the retirement village, and(b) whose village contract providing for payment of a departure fee was in force before the commencement of this section.(2) A departure fee is not payable to the extent that it is calculated in respect of a period after:(a) the date on which the operator of the retirement village enters into:(i) a village contract with an incoming resident, or(ii) a residential tenancy agreement with an incoming tenant,in relation to the premises, or(b) the date on which a person takes up residence in the premises with the consent of the operator, or(c) if the operator buys the premises from the former occupant—the date on which contracts for the purchase are exchanged, or(d) if the former occupant is a person referred to in section 150 (1) (b):whichever date occurs first, or such earlier date as the operator and the former occupant may agree.(i) if the Tribunal terminated the residence contract—the date on which the former occupant delivered up vacant possession of the premises to the operator, or(ii) if the former occupant delivered up vacant possession of the premises to the operator after receiving notice of the operator’s intention to apply to the Tribunal for an order terminating the residence contract—the date on which vacant possession was delivered,(3) Despite the other provisions of this Act, subsection (2) does not affect any provision of a village contract that provides that the departure fee is not calculable in respect of a period before a date referred to in that subsection.
160 Period for which departure fee may be charged after permanent vacation of premises: old contracts—non-owners
(1) This section applies only in the case of a former occupant:(a) who does not own his or her residential premises in the retirement village, and(b) whose village contract providing for payment of a departure fee was in force before the commencement of this section.(2) A departure fee may be calculated in respect of the period that ends on:(a) the date on which the operator of the retirement village enters into:(i) a village contract with an incoming resident, or(ii) a residential tenancy agreement with an incoming tenant,in relation to the premises, or(b) the date on which a person takes up residence in the premises with the consent of the operator, or(c) if the Tribunal terminated the residence contract—the date on which the former occupant delivered up vacant possession of the premises to the operator, or(d) if the former occupant delivered up vacant possession of the premises to the operator after receiving notice of the operator’s intention to apply to the Tribunal for an order terminating the residence contract—the date on which vacant possession was delivered, or(e) the date that is 6 months after the date on which the former occupant otherwise delivered up vacant possession of the premises to the operator,whichever date occurs first, or such earlier date as the operator and the former occupant may agree.(3) Despite the other provisions of this Act, subsection (2) does not affect any provision of a village contract that provides that the departure fee is not calculable in respect of a period before a date referred to in that subsection.
161 Reduction or waiver of departure fee
(1) The Tribunal may, on the application of a former occupant whose village contract providing for payment of a departure fee was in force before the commencement of this section, make an order reducing or waiving the former occupant’s liability for such part of the departure fee as is calculated in respect of a period after the former occupant’s permanent vacation of the residential premises concerned.(2) However, the Tribunal may make such an order only if the Tribunal is of the opinion that any delay in the operator’s entering into a village contract with another person in respect of the premises is attributable to any action (including a failure to market or promote the premises) of the operator.
Division 4 Repair and refurbishment of residential premises
In this Division, refurbishment of residential premises the subject of a residence contract means any improvement of the premises in excess of that required to reinstate the premises to the condition they were in (fair wear and tear excepted) at the commencement of their occupation by the resident under the contract.
163 Condition of premises on termination
(1) This section does not apply to or in respect of a former occupant who owns (or owned) his or her residential premises.(2) A former occupant of a retirement village must leave his or her residential premises as nearly as possible in the same condition (fair wear and tear excepted) as the premises were in at the beginning of the residence contract.(3) In particular, the premises must be left as nearly as possible in the same condition (fair wear and tear excepted) as set out in the condition report.(4) Subsection (3) does not apply in respect of premises the subject of a residence contract entered into before the commencement of section 38 unless a condition report relating to the premises was given to the resident in connection with the contract.(5) The operator of the village may require a former occupant to bear the cost of any repairs to the former occupant’s residential premises that are necessary because the former occupant did not leave the premises in the condition required by this section.(6) However, a former occupant:(a) who disagrees with a claim by the operator of the retirement village that such repairs are necessary because the premises were not left in the condition required by this section, or(b) who is of the opinion that the cost of the repairs, as claimed by the operator, is excessive,may apply to the Tribunal for an order in relation to the claim.(7) In any proceedings before the Tribunal under this section:(a) the operator bears the onus of substantiating his or her claim, and(b) the Tribunal may:(i) if it considers that the operator has not substantiated his or her claim—order the operator to withdraw the claim, or(ii) if it considers that the operator has substantiated his or her claim, wholly or in part—order the former occupant to pay such amount to the operator as it considers necessary to defray the cost of the repairs.
164 No refurbishment required under contracts entered into after commencement of section
A former occupant of residential premises in a retirement village who entered into his or her residence contract in respect of those premises on or after the commencement of this section is not liable to refurbish (or pay for the cost of the refurbishment of) the premises.
165 Refurbishment under contract in force before commencement of section
(1) If a former occupant whose contract was in force before the commencement of this section is required under the contract to pay for the cost of refurbishment of the residential premises concerned on permanently vacating those premises, the operator of the retirement village:(a) must, before commencing the refurbishment, supply the former occupant with a work schedule for the refurbishment together with at least 3 quotations of costs for carrying out the refurbishment, and(b) must negotiate with the former occupant and attempt to come to an agreement as to which quotation should be accepted, and(c) if agreement cannot be reached, must allow the former occupant to obtain other quotations in an attempt to find a quotation that is acceptable to both the operator and the former occupant, and(d) must ensure that the former occupant receives a fully-itemised account for the carrying out of the refurbishment, and(e) must not accept or demand any payment for the carrying out of the refurbishment until the refurbishment is complete.Maximum penalty: 50 penalty units.
(2) If the operator and the former occupant cannot find a quotation that is acceptable to both of them (as referred to in subsection (1) (c)), either of them may apply to the Tribunal for (and the Tribunal may make) an order directing acceptance of one of the quotations.(3) Despite subsection (1), the operator is not obliged to obtain quotations of costs for carrying out the refurbishment if the former occupant agrees that the refurbishment is to be carried out by tradespersons who ordinarily carry out maintenance of the village.(4) If a former occupant whose contract was in force before the commencement of this section is required under the contract to pay a specified amount for the cost of refurbishment of the residential premises concerned on permanently vacating those premises, the former occupant:(a) is not required to pay an amount in excess of the specified amount (regardless of the actual cost of the refurbishment), and(b) if the actual cost of the refurbishment is less than the specified amount—is required to pay only the lesser amount.
Division 5 Sale or letting of premises by certain residents
This Division applies only to a resident of a retirement village who owns his or her residential premises in the village.
(1) An operator of a retirement village who holds an option to purchase any residential premises from a resident of the village must decide whether or not to exercise the option, and must give the resident written notification of that decision, no later than 28 days after the resident permanently vacates the premises (or, if the resident has not lived in the premises, 28 days after the resident notifies the operator in writing that the premises are for sale).(2) If the operator does not give the notification required by subsection (1) within the time allowed by that subsection, the option lapses.(3) This section has effect despite any term of the option.
(1) A resident of a retirement village may:(a) set the sale price of his or her residential premises in the village, and(b) appoint a selling agent of the resident’s choice (who may be the operator of the village if the operator is eligible to be appointed).Note. In accordance with the Property, Stock and Business Agents Act 2002, the selling agent must be licensed as a real estate agent under that Act. Matters such as the form of the agency agreement (which must be in writing), the termination of the selling agent’s appointment and the payment of commission are dealt with under that Act.(2) If the operator is appointed under subsection (1), the resident may also (but is not obliged to) allow the operator to set the sale price of the premises.(3) Any appointment of the operator of a retirement village, or a person chosen by the operator, as:(a) a selling agent of residential premises in the village, or(b) the person who sets the sale price of the premises,being an appointment made as part of the consideration for the resident’s entering the village, or otherwise at the operator’s request, terminates on the commencement of this section.(4) Any such appointment made on or after the commencement of this section is void.(5) An operator, or a person chosen by the operator, who is appointed as a selling agent under subsection (1):(a) must notify the resident of all offers to purchase the premises, and(b) must, if the resident so requests, provide the former occupant at the end of each named month with a report:(i) detailing the marketing program (including details of all advertising of the premises or the village), and(ii) listing all inquiries received about the sale, and(iii) providing the names and telephone numbers (or other contact details) of the persons who made the inquiries (in so far as these are known to the operator), and(iv) providing details (including the asking price) of all other residential premises for sale in the village,during that month.(6) If a person other than the operator is appointed as selling agent, the resident must notify the operator in writing of:(a) the name and contact details of the person appointed, and(b) the asking price for the premises, and(c) any changes to:(i) the appointment or contact details of the agent, and(ii) the asking price for the premises.
169 Operator not to interfere in sale
(1) An operator of a retirement village who is not appointed a selling agent for residential premises in the village must not interfere with the sale of the premises.Maximum penalty: 50 penalty units.
(2) Without limiting subsection (1), an operator interferes with the sale of the premises if the operator interferes with any “For Sale” sign relating to the premises.(3) Subsection (2) does not apply if the sign has been erected contrary to the village rules (or the by-laws, if the village is subject to a community land scheme or strata scheme) or in such a way as to interfere with the peace, comfort and quiet enjoyment of another resident of the village.
(1) A resident of a retirement village who sells residential premises in the village and the operator of the village are to share the costs of the sale in the same proportion (if any) as they are to share any capital gains on the sale in accordance with a village contract.(2) However, if the resident appointed a person other than the operator or a person chosen by the operator as a selling agent, the resident is liable to pay the selling agent’s commission.(3) The resident is not liable to pay commission to the operator or a person chosen by the operator if the premises are sold otherwise than as a result of the operator’s (or person’s) acting as the selling agent.
171 Purchaser and operator to enter contract
(1) If a vendor for the sale of residential premises in a retirement village is not the operator of the village, the vendor must give the operator of the village sufficient notice of the proposed sale to enable the operator to provide the purchaser with a disclosure statement (and the information required under section 19) at least 14 days before the contract is entered into.(2) Such a contract is taken to include a provision to the effect that the contract is conditional on the purchaser’s entering into a service contract with the operator of the village on or before completion of the purchase.(3) As soon as practicable after the contract for the sale of the premises is entered into, the vendor must notify the operator in writing of that fact.(4) If the operator decides not to enter into a service contract with the purchaser, the operator must, not later than 14 days after being notified under subsection (3):(a) advise the vendor of that decision and of the reasons for it, and(b) apply to the Tribunal for an order declaring that the operator is not obliged to enter into the service contract.
172 Vendor’s application to Tribunal concerning proposed purchaser
(1) If the operator of the retirement village does not, within 14 days after being given notification under section 171 (3), either:(a) enter into a service contract with the purchaser, or(b) apply to the Tribunal under section 171 (4),the vendor may apply to the Tribunal for an order directing the operator to enter into a service contract with the purchaser.(2) If the operator offers the purchaser a service contract containing terms and conditions substantially different, to the detriment of the purchaser, from the terms and conditions of the sample contracts available for inspection under section 20, the vendor may apply to the Tribunal for an order directing the operator to enter into a service contract with the purchaser that is substantially in accordance with the sample contract.
173 Tribunal’s determination in relation to proposed purchaser
(1) On application under section 171 (4) or 172 (1), the Tribunal is to determine whether the operator’s decision not to enter into a service contract concerned is reasonable in the circumstances, having regard to:(a) whether the residential premises concerned are suitable for occupation by the purchaser (or another person the purchaser intends to allow to live in the premises), having regard to his or her physical and mental capacity, and(b) any other factor that the Tribunal considers relevant.(2) For the purposes of subsection (1) (b), the age of the purchaser (or another person the purchaser intends to allow to live in the premises) is not relevant if the purchaser (or the other person) is a retired person.(3) On making its determination under subsection (1), the Tribunal may make an order of the kind referred to in section 171 (4) or 172 (1), as appropriate, regardless of whether that is the order sought.(4) An order referred to in section 172 (1) or (2) may also, if the Tribunal considers it appropriate, set the terms of the service contract to be entered into, having regard to the service contracts in force in the village and the sample contract available for inspection under section 20.(5) If the Tribunal makes the order referred to in section 172 (2), the Tribunal may also order the operator to pay such compensation to the vendor or the purchaser (or both) for delay and inconvenience as it considers just in the circumstances.
174 Letting or subletting of premises
(1) A resident of residential premises in a retirement village may let (or, in the case of a resident referred to in section 150 (1) (b), sublet) the premises under a residential tenancy agreement in accordance with this Division.Note. As a consequence of section 8 (d), a resident or former occupant may retain possession of residential premises (ie they are not required to hand over the keys to the operator) in order to enable the premises to be let or sublet.(2) Any residential tenancy agreement under this Division:(a) must be in the form prescribed under the Residential Tenancies Act 1987, and(b) must not be for a term that, together with any option to renew, exceeds 3 years.Note. A residential tenancy agreement under this Division is subject to the Residential Tenancies Act 1987. The tenant is not a resident of the retirement village.(3) The tenant or subtenant under the residential tenancy agreement must be a retired person.(4) A resident of residential premises in a retirement village must not let or sublet the premises unless he or she has given the operator of the village written particulars of:(a) the name and age of the proposed tenant or subtenant, and(b) the term of the proposed residential tenancy agreement, and(c) such other matters in relation to the proposed agreement as the operator may reasonably require,and the operator has consented in writing to the agreement.(5) The operator may refuse to consent to a second or subsequent residential tenancy agreement if the proposed term of the agreement, when added to the term of any preceding agreement relating to the premises and to which the same resident was a party, would exceed 3 years.(6) If the operator decides not to consent to the residential tenancy agreement (otherwise than as allowed by subsection (5)), the operator must, no later than 7 days after receiving the written particulars required by subsection (4):(a) advise the resident of that decision (and of the reasons for it), and(b) apply to the Tribunal for an order declaring that the operator is not obliged to consent to the agreement.(7) If the operator does not apply for such an order within the time allowed by this section, the operator is taken to have consented to the residential tenancy agreement.
175 Determination by Tribunal concerning proposed tenant or subtenant
(1) On application under section 174, the Tribunal is to determine whether the operator’s decision not to consent to the residential tenancy agreement concerned is reasonable in the circumstances, having regard to:(a) whether the residential premises concerned are suitable for occupation by the proposed tenant or subtenant, having regard to his or her physical and mental capacity, and(b) any other factor that the Tribunal considers relevant.(2) For the purposes of subsection (1) (b), the age of the proposed tenant or subtenant is not relevant if the proposed tenant or subtenant is a retired person.(3) On making its determination under subsection (1), the Tribunal may make an order:(a) directing the operator to consent to the residential tenancy agreement concerned, or(b) declaring that the operator is not obliged to consent to the agreement.(4) The operator is taken to have consented to the residential tenancy agreement concerned on the making of an order under subsection (3) (b).
176 Effect of granting of residential tenancy agreement under this Division
(1) Services under the service contract between the operator of a retirement village and the resident of residential premises in the village are to be provided to a tenant or subtenant of the resident as if the tenant or subtenant were the resident, and the contract may be enforced accordingly.(2) The letting or subletting of residential premises in accordance with this Division does not affect any right or obligation of the resident and the operator under a village contract.
177 Operator not to interfere in letting
(1) The operator of a retirement village must not interfere with a resident’s attempt to let his or her residential premises in the village (except as provided by section 174 (5)).Maximum penalty: 50 penalty units.
(2) Without limiting subsection (1), an operator interferes with the resident’s attempt to let the premises if the operator interferes with any “For Lease” sign relating to the premises.(3) Subsection (2) does not apply if the sign has been erected contrary to the village rules (or the by-laws, if the village is subject to a community land scheme or strata scheme) or in such a way as to interfere with the peace, comfort and quiet enjoyment of another resident of the village.
178 No assignment or subletting
(1) A tenant or subtenant under a residential tenancy agreement under this Division must not:(a) assign his or her interest under the agreement, or(b) sublet the premises the subject of the agreement.(2) This section has effect despite any term of the agreement concerned and despite the Residential Tenancies Act 1987.
(1) For the purposes of this Division and despite the termination of the resident’s residence contract, a resident referred to in section 150 (1) (b) is taken to possess a legal estate in his or her residential premises in the village such as to enable the resident to lease the premises to another person under a residential tenancy agreement.(2) The resident ceases to possess that estate on completion of the sale of the premises.
Division 6 Payments to former occupants
(1) This section applies to a former occupant of residential premises in a retirement village who owns the premises.(2) The operator of a retirement village must make any payment required to be made to the former occupant following the sale of the premises within 14 days after the earliest of the following:(a) the date on which the operator receives full payment under a residence contract with an incoming resident of the premises,(b) the date on which the operator enters into a village contract with an incoming resident of the premises,(c) the date on which the operator enters into a residential tenancy agreement with an incoming tenant of the premises,(d) the date on which a person takes up residence in the premises with the consent of the operator,(e) if the operator buys the premises from the former occupant—the date on which the operator completes the purchase,unless the contract between the operator and the former occupant provides for earlier payment.Maximum penalty: 50 penalty units.
(3) At the same time as the payment is made, the operator must give the former occupant a statement setting out the following and showing how the amounts were calculated:(a) the departure fee, if any, payable by the former occupant,(b) accrued or outstanding recurrent charges, if any, payable by the former occupant,(c) any amount payable by the former occupant in relation to the sale of the residential premises concerned,(d) any other amount payable by the former occupant under a village contract,(e) in the case of a former occupant referred to in section 150 (1) (b)—the sale price of the premises,(f) in the case of a former occupant who is required to pay for the cost of the refurbishment of his or her residential premises (as referred to in section 165)—the cost of that refurbishment,(g) the amount of the payment to the former occupant.Maximum penalty: 10 penalty units.
(4) If:(a) payment is not made to the former occupant within the time required by this section, or(b) if the amount of the payment is not calculated in accordance with this Act and any relevant village contract,the former occupant may apply to the Tribunal for (and the Tribunal may make) an order directing the operator to make the payment, or to recalculate the amount and pay any additional amount due to the former occupant as a result of the recalculation, as the case may be.(5) An order under subsection (4) may, if the Tribunal considers it appropriate, also provide for the payment of interest at a rate determined by the Tribunal.
(1) This section applies to a former occupant of residential premises in a retirement village who does not own the residential premises concerned.(2) The date on which the operator of a retirement village must make any refund of the former occupant’s ingoing contribution that is required, under a village contract, to be made is:(a) the date that is 14 days after the date on which the operator receives full payment under the residence contract of an incoming resident of the premises, or(b) the date that is 14 days after the date on which the operator enters into a residential tenancy agreement with an incoming tenant of the premises, or(c) the date that is 14 days after the date on which a person takes up residence in the premises with the consent of the operator, or(d) if the Tribunal terminated the residence contract—the date that is one month after the date of the termination, or(e) if the former occupant delivered up vacant possession of the premises to the operator after receiving notice of the operator’s intention to apply to the Tribunal for an order terminating the residence contract—the date that is one month after the date on which vacant possession was delivered, or(f) the date that is 6 months after the date on which the former occupant otherwise delivered up vacant possession of the premises to the operator,whichever date occurs first, or such earlier date as the operator and the former occupant may agree (unless the contract between the operator and the former occupant provides for earlier payment).Maximum penalty: 50 penalty units.
(3) Any other payment that is required, under a village contract, to be made to the former occupant, being an amount that is dependent on the amount of the ingoing contribution of the incoming resident of the premises, is to be paid to the former occupant within 14 days after the earlier of:(a) the payment, under a village contract, of any money to the operator, by that incoming resident, or(b) the incoming resident’s taking up residence in the premises.Note. A contract may provide that the resident, when he or she permanently vacates his or her residential premises in the village, is to receive a refund of a fixed amount of the resident’s ingoing contribution plus a share of any capital gains (that is, any greater amount of ingoing contribution payable by the incoming resident compared with the ingoing contribution paid by the former occupant). The refund of the ingoing contribution must be paid by the time specified in subsection (2), while the share of capital gains (if any) must be paid by the time specified in subsection (3).(4) At the same time as a payment is made under this section, the operator must give the former occupant a statement setting out the following and showing how the amounts were calculated:(a) the departure fee (if any) payable by the former occupant,(b) accrued or outstanding recurrent charges, if any, payable by the former occupant,(c) any amount payable by the former occupant in respect of repairs required to the residential premises concerned (as referred to in section 163),(d) in the case of a former occupant who is required to pay for the cost of the refurbishment of his or her residential premises (as referred to in section 165)—the cost of that refurbishment,(e) any other amount payable by the former occupant under a village contract,(f) in relation to the part of a refund referred to in subsection (3)—the amount of the ingoing contribution of the incoming resident of the premises,(g) the amount of the payment to the former occupant.Maximum penalty: 10 penalty units.
(5) If the operator is of the opinion that he or she will not be able to enter into a residence contract with another person in respect of the premises within the time specified in subsection (2) (f), the operator may apply to the Tribunal for an order:(a) extending the time allowed for payment under this section, or(b) allowing payment by instalments,on the grounds that compliance with the time-frame specified in subsection (2) (f) would cause undue hardship to the operator.(6) In determining an application made under subsection (5), the Tribunal:(a) may have regard to the hardship to be caused to the former occupant if an order of the kind set out in subsection (5) is made, and(b) may make an order of that kind, and(c) may, if it sees fit to do so, make a further order for the payment of interest at a rate determined by the Tribunal.(7) If:(a) payment is not made to the former occupant within the time required by this section, or(b) the amount of the payment is not calculated in accordance with this Act and any relevant village contract,the former occupant may apply to the Tribunal for (and the Tribunal may make) an order directing the operator to make the payment, or to recalculate the amount and pay any additional amount due to the former occupant as a result of the recalculation, as the case may be.(8) An order under subsection (7) may, if the Tribunal considers it appropriate, also provide for the payment of interest at a rate determined by the Tribunal.
182 Payments to executors and administrators
(1) If:(a) a payment under this Division is required to be made to the executor or administrator of a former occupant’s estate (because the former occupant has died), and(b) the operator of the retirement village is unable to ascertain the identity of the executor or administrator,the operator may apply to the Tribunal for (and the Tribunal may make) an order directing the operator to deal with the money as specified in the order.(2) An operator does not incur any liability in respect of the operator’s dealing with the money in accordance with the order.