Suspension or refusal of orders to terminate
64 Suspension or refusal of orders to terminate
The Tribunal may suspend the operation of an order fixing a date by which a resident of a retirement village must vacate residential premises occupied by the resident if the Tribunal is satisfied that it is desirable to do so, having regard to the relative hardship likely to be caused by the suspension to —
the resident; and
other residents or the operator of the retirement village.
The Tribunal may, as a condition of the suspension of the operation of an order referred to in subsection (1), require the resident to pay to the operator an occupation fee specified by the Tribunal for the period for which that order is suspended.
The Tribunal may refuse to make an order terminating a residence contract if the Tribunal is satisfied that —
the operator was wholly or partly motivated to seek the termination of the contract by the fact that —
the resident had applied or proposed to apply to the Tribunal for an order; or
the resident had complained to a governmental authority or had taken some other action to secure or enforce the resident’s rights as a resident; or
an order of the Tribunal was in force in relation to the resident and the operator;
or
in the case of an application by an operator under section 59 the resident remedied the breach concerned.
[Section 64 amended: No. 55 of 2004 s. 1044; No. 42 of 2024 s. 48(1), 49 and 53(1).]
65. Prohibition on certain recovery proceedings in courts etc.
Proceedings in a court to obtain recovery of possession of residential premises occupied by a resident of a retirement village under a residence contract cannot be commenced by the operator of the retirement village against the resident.
[Section 65 amended: No. 42 of 2024 s. 48(1) and 52.]
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