New South Wales Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2000 - SCHEDULE 10

SCHEDULE 10 – Form of notice of intention to seek termination of residence contract

(Clause 39 (1))

Notice of intention to seek termination (from an operator to a resident)

Notice of intention to seek termination (from an operator to a resident)

Retirement Villages Act 1999 , section 131

To

This notice is to advise you that it is our intention to apply to the Tribunal for an order terminating your residence contract.

This notice does not require you to vacate the premises. The decision as to whether your contract is terminated rests solely with the Tribunal. You will have an opportunity to argue your case at a hearing of the Tribunal. The Registry of the Tribunal will notify you regarding the date and venue of the hearing.

If, however, you choose to move out after receiving this notice your contract will terminate on the date on which you deliver up vacant possession of the premises. You will not be liable to pay any recurrent charges that arise in respect of the premises after that date, and any refund of your ingoing contribution must be made no later than one month after that date.

The reason or reasons for seeking an order to terminate your residence contract are as follows (tick whichever applicable):

□ in our opinion the premises you currently occupy are no longer suitable for your continued occupation on the grounds of your physical or mental incapacity

□ you have breached termof your village contract by

□ you have breached village rule numberby

Note: If notice is given on the grounds of a breach of a village contract or the village rules, the Tribunal may refuse to make an order terminating the residence contract if the breach is remedied. The Tribunal may also refuse to make an order if it does not agree that the breach was serious or persistent enough to justify terminating the contract.

□ you have intentionally or recklessly caused or permitted, or are likely to intentionally or recklessly cause or permit: (delete whichever not applicable)

(a) serious damage to any part of the village

(b) injury to the operator

(c) injury to an employee of the operator

(d) injury to any other resident

□ it is our intention to carry out such substantial works in the village that we require vacant possession of your residential premises

□ it is our intention to use the land on which the village is situated for a purpose other than a retirement village

Signed by or on behalf of the operator:
(print name)(signature)

Signed thisday of20

This notice was given personally/sent by post (delete whichever is not applicable)

Note: This notice lapses if the operator does not apply to the Tribunal for an order terminating your residence contract within 14 days after service of the notice.

Notice of intention to seek termination (from a resident to an operator)

Notice of intention to seek termination (from a resident to an operator)

Retirement Villages Act 1999 , section 131

To

This notice is to advise you that I/we
of
intend to apply to the Tribunal for an order terminating the residence contract between us.

The reason or reasons for seeking an order to terminate the residence contract are as follows (tick whichever applicable):

□ in my/our opinion the premises I/we currently occupy are no longer suitable for my/our continued occupation on the grounds of my/our physical or mental incapacity

□ you have breached termof my/our village contract by

□ you have breached village rule numberby

Note: If notice is given on the grounds of a breach of a village contract or the village rules, the Tribunal may refuse to make an order terminating the residence contract if the breach is remedied. The Tribunal may also refuse to make an order if it does not agree that the breach was serious or persistent enough to justify terminating the contract.

Signed by or on behalf of the resident/s:
(print name)(signature)
(print name)(signature)

Signed thisday of20

This notice was given personally/sent by post (delete whichever is not applicable)

Note: This notice lapses if the residents/s does/do not apply to the Tribunal for an order terminating the residence contract to which you and the resident/s are parties within 14 days after service of the notice.