New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 174

174 Letting or subletting of premises

(1) A resident of residential premises in a retirement village may let (or, in the case of a resident referred to in section 150 (1) (b), sublet) the premises under a residential tenancy agreement in accordance with this Division.

Note: As a consequence of section 8 (d), a resident or former occupant may retain possession of residential premises (ie they are not required to hand over the keys to the operator) in order to enable the premises to be let or sublet.

(2) Any residential tenancy agreement under this Division:

(a) must be in the form prescribed under the Residential Tenancies Act 1987 , and

(b) must not be for a term that, together with any option to renew, exceeds 3 years.

Note: A residential tenancy agreement under this Division is subject to the Residential Tenancies Act 1987 . The tenant is not a "resident" of the retirement village.

(3) The tenant or subtenant under the residential tenancy agreement must be a retired person.

(4) A resident of residential premises in a retirement village must not let or sublet the premises unless he or she has given the operator of the village written particulars of:

(a) the name and age of the proposed tenant or subtenant, and

(b) the term of the proposed residential tenancy agreement, and

(c) such other matters in relation to the proposed agreement as the operator may reasonably require,

and the operator has consented in writing to the agreement.

(5) The operator may refuse to consent to a second or subsequent residential tenancy agreement if the proposed term of the agreement, when added to the term of any preceding agreement relating to the premises and to which the same resident was a party, would exceed 3 years.

(6) If the operator decides not to consent to the residential tenancy agreement (otherwise than as allowed by subsection (5)), the operator must, no later than 7 days after receiving the written particulars required by subsection (4):

(a) advise the resident of that decision (and of the reasons for it), and

(b) apply to the Tribunal for an order declaring that the operator is not obliged to consent to the agreement.

(7) If the operator does not apply for such an order within the time allowed by this section, the operator is taken to have consented to the residential tenancy agreement.