Interpretation of vacant possession and permanently vacating
3EA Interpretation of vacant possession and permanently vacating
In this Act, in relation to a premises occupied by a resident in a retirement village, a reference to giving up or delivering vacant possession of the premises, however expressed, is a reference to the point in time when all the following have occurred—
the resident has ceased to occupy the premises;
all personal property of the resident has been removed from the premises;
any keys to the premises have been returned to the operator or proprietor of the village;
if the resident occupies the premises under a retirement village contract that requires notice to be given before the resident delivers up vacant possession of the premises, the notice has been given and the notice period has elapsed.
Subsection (1) is not intended to limit the common law meaning of delivering up or giving vacant possession of a premises.
In this Act, in relation to a premises occupied by a resident in a retirement village, a reference to permanently vacating the premises, however expressed, is a reference to the point in time at which the resident delivers up vacant possession of the premises.
S. 3F inserted by No. 19/2025 s. 7.
This Act’s bill:Second reading speech
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