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RETIREMENT VILLAGES ACT 1999 - SECT 160 Period for which departure fee may be charged after permanent vacation of premises: old contracts--generally

RETIREMENT VILLAGES ACT 1999 - SECT 160

Period for which departure fee may be charged after permanent vacation of premises: old contracts--generally

160 Period for which departure fee may be charged after permanent vacation of premises: old contracts--generally

(1) This section applies only in the case of a former occupant--
(a) who is not a registered interest holder in respect of his or her residential premises in the retirement village, and
(b) whose village contract providing for payment of a departure fee was in force before the commencement of this section.
(2) A departure fee may be calculated in respect of the period that ends 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 6 months 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) Despite the other provisions of this Act, subsection (2) does not affect any provision of a village contract that provides that the departure fee is not calculable in respect of a period before a date referred to in that subsection.