Retirement Villages Act 1992

In this section —

the ingoing contribution paid by or on behalf of the resident permanently vacating the premises; and

the ingoing contribution paid, or to be paid, by or on behalf of the next resident to occupy the premises;

A resident must, on permanently vacating residential premises in a retirement village, leave the premises as nearly as possible in the same condition, fair wear and tear excepted, as they were in when the resident entered into occupation of the premises.

In particular, if the resident accepts, or is taken to accept, a property condition report under section 14D as a true and accurate description of the residential premises, the resident must leave the premises as nearly as possible in the same condition, fair wear and tear excepted, as set out in the report.

The operator of the retirement village may require the resident to pay for reinstatement of the resident’s residential premises only if —

the resident did not leave the premises in the condition required by this section; and

the residence contract between the operator and resident includes a term to the effect that the resident must pay for reinstatement of the premises; and

the cost of the reinstatement has been —

agreed between the operator and resident; or

determined by the Tribunal.

The operator of the retirement village may require the resident to pay for renovation of the resident’s residential premises only if all of the following apply —

the operator and resident agree on a plan for the renovation (a renovation plan) on or after the date the residential premises are permanently vacated;

the renovation is in accordance with the renovation plan;

the residence contract between the operator and resident includes a term to the effect that the resident is entitled to a share of any capital gain that is at least in proportion to the amount of the renovation required by the operator to be paid for by the resident.

A renovation plan must —

be in the approved form; and

contain the prescribed information.

The operator of a retirement village must not demand or receive payment from a resident for reinstatement or renovation of residential premises otherwise than in accordance with this section.

The operator or resident may apply to the Tribunal for, and the Tribunal may make, an order in relation to the amount, if any, that the resident is required to pay for reinstatement or renovation of residential premises under this section.