RETIREMENT VILLAGES ACT 1999 - SECT 58 Reinstatement of accommodation unit

RETIREMENT VILLAGES ACT 1999 - SECT 58

58 Reinstatement of accommodation unit

(1) When ceasing occupation of the accommodation unit at the end of the residency, the former resident must leave it in the same condition as it was in when the former resident started occupation of it, apart from—

(a) fair wear and tear; and

(b) renovations and other changes to the condition of the unit carried out with the agreement of the resident and the scheme operator.

(2) If the former resident does not comply with subsection (1) , the scheme operator may carry out reinstatement work and claim the cost of the work from the former resident.

(3) If a relative of the former resident has a right under section 70B (5) to enter into a residence contract for the accommodation unit with the scheme operator and advises the scheme operator, under section 70B (5) (d) , that the relative wants to enter into the residence contract—

(a) the scheme operator may claim the cost of reinstatement work from the relative under subsection (2) as if the relative were the former resident; and

(b) the scheme operator must ensure the reinstatement work is done with as little inconvenience to the relative as is reasonably possible.

(4) This section does not apply—

(a) to a current residence contract within the meaning of section 237H ; or

Note—

See section 237K .

(b) if the former resident’s right to reside in the retirement village was terminated under section 53 (3) (d) .

(5) In this section—


"fair wear and tear" includes a reasonable amount of wear and tear associated with the use of items commonly used in a retirement village.