Termination of occupation on grounds of breach of residence contract or rules
59 Termination of occupation on grounds of breach of residence contract or rules
If —
a resident of a retirement village breaches the resident’s residence contract or the residence rules of a retirement village; and
any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate the residence contract and for termination of the residence contract have been complied with by the operator of the retirement village,
the operator may apply to the Tribunal for an order terminating the contract and fixing a date by which the resident must vacate the residential premises occupied by the resident.
The Tribunal may, on application by an operator under this section, make an order terminating the residence contract, but only if the Tribunal is satisfied that —
the breach, in the circumstances of the case, is such as to justify termination of the contract; or
persistent breaches by the resident are, in the circumstances of the case, such as to justify termination of the contract; or
having considered the circumstances of the case, it is otherwise appropriate to do so.
If the Tribunal makes an order terminating a residence contract under this section, the Tribunal must fix in the order a date by which the resident must vacate the residential premises occupied by the resident.
In addition to any other order the Tribunal may make under this section, the Tribunal may make an order for the payment or refund of money by an operator to a resident or by a resident to an operator.
[Section 59 amended: No. 55 of 2004 s. 1044; No. 42 of 2024 s. 48(1), 52 and 53(1).]
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