New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 136

136 Termination on grounds of upgrade or change of use

(1) The Tribunal may, on application by the operator of a retirement village, make an order terminating a residence contract if it is satisfied that:

(a) for the purpose of improving the village, the operator intends to carry out such substantial works in the village as require vacant possession of the residential premises concerned, or

(b) it is appropriate that the land on which the village is situated should be used for a purpose other than a retirement village.

(2) However, the Tribunal is not to make an order terminating a residence contract under this section unless it is also satisfied that:

(a) the operator has given the resident at least 12 months’ written notice of the operator’s intention to make an application under this section, and

(b) development consent and any other necessary approvals to carry out the works or use the land for the other purpose have been obtained, and

(c) the operator has obtained (or made available) for the resident alternative accommodation:

(i) that is of approximately the same standard as, and requires no greater financial outlay on the part of the resident than, the residential premises the subject of the residence contract, and

(ii) that is acceptable to the resident or reasonably ought to be acceptable to the resident.

(3) If the Tribunal makes an order terminating a residence contract under this section, the Tribunal:

(a) must fix in the order a date by which the resident must vacate the residential premises concerned, and

(b) must specify in the order the penalty that the operator will incur if the works are not substantially commenced, or action to facilitate the use of the land for the other purpose not taken, within 6 months after the date fixed under paragraph (a), and

(c) may order the operator to allow the resident to return to the residential premises, under a contract identical to the contract being terminated, on completion of the works, and

(d) may make such other orders (including an order that the operator pay to the resident compensation for the resident’s loss of rights under the residence contract) as it thinks fit.