South Australian Repealed Acts

This legislation has been repealed.

RETIREMENT VILLAGES ACT 1987 - SECT 31

31—Termination of residents' rights

        (1)         A resident of a residence in a retirement village has a right of occupation that cannot be terminated unless—

            (a)         the resident dies; or

            (b)         the resident terminates the residence contract or ceases to reside in the retirement village in circumstances in which there is no reasonable prospect of the resident returning to reside in the retirement village; or

            (c)         the resident commits a breach of the residence contract or the residence rules and the administering authority terminates the resident's right of occupation on that ground; or

            (d)         the residence becomes an unsuitable place of residence for the resident because of the resident's mental or physical incapacity and the administering authority terminates the resident's right of occupation on that ground; or

            (e)         the holder of a mortgage or charge that was in existence at the commencement of this Act becomes entitled to vacant possession of the residence in pursuance of rights conferred by the mortgage or charge.

        (2)         Subject to subsection (3) , the rights of termination under subsection (1)(a) , (b), (c) or (d) are subject to—

            (a)         any limitations or qualifications arising from the residence contract;

            (b)         any rights of the resident deriving from the resident's ownership of an interest in the residence.

        (3)         A contract cannot limit or qualify the right of a resident to terminate a residence contract during his or her settling-in period.

        (4)         If a resident terminates a right of occupation during his or her settling-in period (even if he or she then continues to reside in the retirement village after the end of that period), the resident is liable to pay—

            (a)         fair market rent in respect of his or her period of occupation of a residence, less any amount paid by the resident for services that would otherwise be included in the assessment of fair market rent; and

            (b)         other amounts (if any) payable under the residence contract.

        (5)         An amount payable by a resident under subsection (4) may be deducted from any refund of premium due to the resident.

        (6)         No provision in a contract between the administering authority and the resident can have the effect of making the resident liable to pay an amount by way of a penalty if he or she terminates a right of occupation during his or her settling-in period (and any such provision is void to the extent that it would have such an effect).

        (7)         The administering authority's decision to terminate a resident's right of occupation on the ground of a breach of the residence contract or the residence rules is ineffective unless the Tribunal is satisfied, on the application of the administering authority, that the breach is sufficiently serious to justify termination of the right of occupation and confirms the administering authority's decision.

        (8)         The administering authority's decision to terminate a resident's right of occupation on the ground of a mental or physical incapacity is ineffective unless the Tribunal is satisfied, on the application of the administering authority, that proper grounds for the termination exist and confirms the decision.

        (9)         Where the Tribunal confirms the administering authority's decision to terminate a right of occupation, it must fix a period within which the resident must vacate the residence.

        (10)         The Tribunal may make an order for the ejectment of a resident who has not vacated a residence at the expiration of the period referred to above.

        (11)         An order under subsection (10) may be enforced by a bailiff in the same manner as an order for the possession of premises under the Residential Tenancies Act 1995 (and, for that purpose a bailiff may, in particular, exercise the powers of a bailiff under section 99 of that Act).

        (12)         If the administering authority decides to terminate a resident's right of occupation it must give the resident, personally or by post, a notice—

            (a)         setting out the grounds of the administering authority's decision; and

            (b)         informing the resident that the decision is subject to review by the Tribunal; and

            (c)         informing the resident of his or her rights with regard to such a review.

Maximum penalty: $10 000.