(a) a resident’s right to reside in an
accommodation unit under a residence contract, including an existing residence
contract, is terminated under this Act because the resident dies or vacates
the accommodation unit; and
(b) a relative of the resident, although not a
party to the residence contract, was living in the accommodation unit when the
residence contract was terminated; and
(c) the relative has lived in the
accommodation unit for at least the 6 months immediately before the residence
contract was terminated.
(2) The relative has a right to reside in the
accommodation unit for 3 months after the day the residence contract is
terminated if the relative agrees to be bound by the terms of the resident’s
residence contract while the relative continues to live in the accommodation
unit.
(3) The relative’s agreement must be in writing and given to the
scheme operator within 14 days after the day the residence contract is
terminated.
(4) During the 3 months, the relative has all the rights and
liabilities of a resident under this Act.
(5) If—
(a) the resident’s
interest in the accommodation unit was a leasehold interest or licence; and
(b) no other person has a right under the resident’s residence contract to
reside in the accommodation unit; and
(c) the relative meets the eligibility
criteria for a resident of the retirement village; and
(d) the relative, at
least 14 days before the end of the 3 months, advises the scheme operator, in
writing, that the relative wants to enter into a residence contract for the
accommodation unit;
then—
(e) the relative has a right to enter into a
residence contract for the accommodation unit; and
(f) the scheme operator
must enter into a residence contract for the accommodation unit with the
relative before the end of the 3 months.
(6) A residence contract entered
into under subsection (5) must be on the same terms as would be offered to any
other potential resident of the accommodation unit, as adjusted to include any
agreement between the relative and the scheme operator about
reinstatement work for the accommodation unit.
