RETIREMENT VILLAGES ACT 1999 - SECT 153
Recurrent charges in respect of general services: generally
RETIREMENT VILLAGES ACT 1999 - SECT 153
Recurrent charges in respect of general services: generally
(1) This
section applies to a former occupant of residential premises in a
retirement village who is not a registered interest holder in respect of the
premises.
(2) The former occupant's liability to pay recurrent charges (being
recurrent charges in respect of general services) that arise after the
former occupant permanently vacated the residential premises ceases (unless
the contract between the former occupant and the operator provides for an
earlier cessation of that liability) on-- (a) the date on which the operator
of the retirement village enters into-- (i) a village contract with an
incoming resident, or
(ii) a residential tenancy agreement with an incoming
tenant,
in relation to the premises, or
(b) the date on which a person takes
up residence in the premises with the consent of the operator, or
(c) if the
Tribunal terminated the residence contract--the date on which the
former occupant permanently vacated the premises, or
(d) if the
former occupant permanently vacated the premises after receiving notice of the
operator's intention to apply to the Tribunal for an order terminating the
residence contract--the date on which the former occupant permanently vacated
the premises, or
(e) the date that is 42 days after the date on which the
former occupant otherwise permanently vacated the premises,
whichever date
occurs first, or such earlier date as the operator and the former occupant may
agree.
(3) On and from the date that the former occupant's liability to pay
recurrent charges (being recurrent charges in respect of general services)
ceases under subsection (2), the operator of the retirement village must pay
the recurrent charges payable in relation to those residential premises until
the date on which the operator of the village enters into a village contract
with an incoming resident.
