Ending of residence contract if premises uninhabitable etc
185 Ending of residence contract if premises uninhabitable etc
This section applies if residential premises in a retirement village are—
otherwise than as a result of a breach of a village contract—
destroyed or rendered wholly or partly uninhabitable; or
cease to be lawfully usable as residential premises; or
compulsorily appropriated or acquired by a Commonwealth or Territory entity.
The resident or the operator of the village may give immediate notice (a termination notice) of the ending of the residence contract relating to the residential premises to the other party to the contract.
The operator and the resident may choose not to end the contract. However, recurrent charges payable in relation to the premises are reduced according to the extent to which the premises are uninhabitable (see s 157).
Subsection (2) does not apply if the resident is a registered interest holder (other than a registered long-term sublessee) in relation to the premises.
A termination notice may state any day as the day the resident must vacate the residential premises.
A termination notice may be withdrawn with the consent of both parties at any time before the ending of the residence contract takes effect.
This Act’s bill:Explanatory statementSecond reading speech
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