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RETIREMENT VILLAGES ACT 1999 - SECT 73 Limit on scheme operator’s liability for breach of residence contract

RETIREMENT VILLAGES ACT 1999 - SECT 73

Limit on scheme operator’s liability for breach of residence contract

73 Limit on scheme operator’s liability for breach of residence contract

A scheme operator is not liable for breach of a residence contract for the scheme operator’s failure to supply a general service to a resident under the contract if—

(a) the cost of supplying the service is more than the services charge for the service; and
(b) the residents have not approved the payment of an increased services charge to cover the cost of supplying the service; and
(c) in all the circumstances, the scheme operator acted reasonably.