RETIREMENT VILLAGES ACT 1999 - SECT 134 Termination on grounds of breach of village contract or rules

RETIREMENT VILLAGES ACT 1999 - SECT 134

134 Termination on grounds of breach of village contract or rules

(1) The operator of a retirement village may apply to the Tribunal for an order terminating the residence contract of a resident of the village who breaches any village contract between the resident and the operator or breaches a village rule.

(2) A resident of a retirement village may apply to the Tribunal for an order terminating his or her residence contract if the operator breaches any village contract between the resident and the operator or breaches a village rule.

(3) The Tribunal may, on application made under this section, make an order terminating the residence contract, but only if it is satisfied that--

(a) the breach, in the circumstances of the case, is such as to justify termination of the contract, or

(b) persistent breaches by the resident or operator concerned are, in the circumstances of the case, such as to justify termination of the contract.

(4) 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 concerned.

(5) If the Tribunal forms the opinion, in the course of proceedings under this section, that a village rule is unjust, unconscionable, harsh or oppressive, it may make an order--

(a) setting aside the rule, or

(b) modifying the operation of the rule, either in its application to the operator or to a resident (or to some or all of the residents) of the retirement village concerned.