Northern Territory Consolidated Acts

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RETIREMENT VILLAGES ACT - SECT 21

Suspension or refusal of orders for termination

21. Suspension or refusal of orders for termination

(1) The Court may suspend the operation of an order fixing a date by which a resident of a retirement village must vacate residential premises if it is satisfied that it is desirable to do so, having regard to the relative hardship likely to be caused by the suspension to -

(a) the resident; and

(b) other residents or the administering authority of the retirement village.

(2) The Court may, as a condition of the suspension of the operation of an order for possession, require the resident to pay to the administering authority an occupation fee specified by the Court for the period for which the order for possession is suspended.

(3) The Court may refuse to make an order terminating a residence contract if it is satisfied that -

(a) the administering authority was wholly or partly motivated to terminate the contract by the fact that -

(i) the resident had applied or proposed to apply to the Court for an order;

(ii) the resident had complained to a governmental authority or had taken some other action to secure or enforce his or her rights as a resident; or

(iii) an order of the Court was in force in relation to the resident and the authority; or

(b) in the case of an application by an authority under section 16 the resident remedied the breach concerned.



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