Retirement Villages Act 2012

This section applies to a former occupant of residential premises in a retirement village who is not a registered interest holder in relation to the premises.

The former occupant’s liability to pay recurrent charges in relation to general services that arise after the former occupant permanently vacated the residential premises stops on the earlier of the following days or, if the operator and former occupant agree to another date, the date agreed:

the day the operator of the retirement village enters into—

a village contract with an incoming resident in relation to the premises; or

a residential tenancy agreement with an incoming tenant in relation to the premises;

the day a person takes up residence in the premises with the operator’s consent;

if the ACAT ended the residence contract—the day the former occupant permanently vacated the premises;

if the former occupant permanently vacated the premises after receiving notice of the operator’s intention to apply to the ACAT for an order ending the residence contract—the day the former occupant permanently vacated the premises;

the day that is 42 days after the day the former occupant otherwise permanently vacated the premises.

On and from the day the former occupant’s liability to pay recurrent charges in relation to general services stops under subsection (2), the operator of the retirement village must pay the recurrent charges payable in relation to those residential premises until the day the operator enters into a village contract with an incoming resident.