Retirement Villages Act 1992

A contract which is entered into between a resident and an owner of land used for the purposes of a retirement village and which creates or gives rise to a right to occupy residential premises in that retirement village binds the successors in title of the owners as if the successors had also entered into the contract and the right of occupation cannot be terminated unless —

the resident dies; or

the residence contract is terminated by the resident in accordance with the residence contract or under this Act; or

the resident abandons the residential premises; or

the residence contract is terminated by the Tribunal under this Act; or

without limiting paragraph (d), the residence contract is terminated by the Tribunal in connection with an order made under section 22; or

the holder of a mortgage, charge or other encumbrance that was in existence before the commencement of this section becomes entitled to vacant possession of the premises in pursuance of rights conferred by the mortgage, charge or other encumbrance.

Sections 57, 65 to 70, the rights of termination of residence contracts under subsection (1)(a), (b), (c), (d) and (da) and of recovery of possession of residential premises under this Act are subject to any rights of a resident of a retirement village —

arising because the resident is the owner of residential premises; or

acquired under a contract between the operator and the resident.

This section does not apply in relation to a residence contract that creates or gives rise to a right to occupy residential premises in a retirement village —

for a fixed term of 12 months or less; or

on the basis of a periodic tenancy (other than a periodic tenancy following a fixed term greater than 12 months).

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.