Enforcement of right to occupy premises
14 Enforcement of right to occupy premises
S. 14(1) amended by No. 19/2025 s. 16(2).
A contract which is entered into after the commencement of this section between a resident and an owner of retirement village land and which creates or gives rise to a right to occupy premises binds the successors in title of the owners while the contract remains in force as if the successors had also entered into the contract.
S. 14(2) amended by No. 19/2025 s. 16(3).
A contract which was entered into before the commencement of this section between the resident and an owner of retirement village land and which created or gave rise to a residence right within the meaning of this Act as in force before the commencement of the Retirement Villages Amendment Act 2025 binds the successors in title of the owners from the date on which a retirement village notice is registered in respect of the land until the contract ceases to be in force.
In this section successor in title includes a person who acquires any interest in or right affecting land or has a mortgage, charge or other encumbrance over land.
S. 14(4) amended by No. 19/2025 s. 16(4).
Subject to section 7 and to this section a right to occupy premises or residence right, within the meaning of this Act as in force before the commencement of the Retirement Villages Amendment Act 2025 is subject to the terms of the contract which created or gave rise to it.
S. 14(5) amended by No. 18/1989 s. 13(Sch. 2 item 72(b) (i)(ii)), substituted by No. 85/1998 s. 24(Sch. item 52.9), amended by No. 19/2025 s. 16(5).
If in respect of retirement village land—
a retirement notice was registered under the Property Law Act 1958 before the commencement of section 22 of the Transfer of Land (Single Register) Act 1998; or
a recording of a retirement village notice is made in the Register under the Transfer of Land Act 1958—
the rights of a person who, after the notice is registered or recorded but before the residence right within the meaning of this Act as in force before the commencement of the Retirement Villages Amendment Act 2025, is created, becomes the holder of a mortgage, charge or encumbrance over the land are subject to any residence rights within the meaning of this Act as in force before the commencement of the Retirement Villages Amendment Act 2025, or rights to occupy premises subsequently created over the land.
S. 15 substituted by No. 109/1997 s. 533(Sch. 2 item 11.1), amended by No. 19/2025 s. 17.
This Act’s bill:Second reading speech
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