Retirement Villages Act 2012

This section does not apply to a former occupant of residential premises in a retirement village who is, or was, a registered interest holder in relation to the residential premises.

A former occupant must leave the residential premises as nearly as possible in the same condition as set out in the condition report for the premises, excluding fair wear and tear, and renovations or alterations to fixtures or fittings made with the consent of the operator of the village under section 63 (Renovations and alteration of fixtures or fittings).

The operator may require the former occupant to meet the cost of any repairs needed (the repair work) to the former occupant’s residential premises because the former occupant did not leave the premises in the condition required by this section.

The former occupant may apply to the ACAT for an order in relation to the costs of the repair work if the resident—

disagrees that the repair work is necessary; or

considers that the cost of the repair work is excessive.

In an application to the ACAT—

the operator bears the onus of proving the cost of the repair work; and

the ACAT may—

if it considers that the operator has not proved the cost—order the operator to withdraw the claim; or

if it considers that the operator has proved the cost, in whole or in part—order the former occupant to pay the cost or an amount ordered by the ACAT to meet the cost of the repair work.