New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 111

111 Abatement of recurrent charges

(1) If residential premises in a retirement village are, otherwise than as a result of a breach of a village contract, destroyed or rendered wholly or partly uninhabitable or cease to be lawfully usable for the purpose of a residence or are appropriated or acquired by any authority by compulsory process, the recurrent charges payable by the resident of the premises abate accordingly.

Note--: The operator or the resident may also seek to terminate the residence contract in these circumstances (unless the resident is a registered interest holder (other than a person referred to in section 7 (1) (c)) in respect of the residential premises concerned)--see section 132.

(2) If the operator and the resident do not agree that the recurrent charges should abate under this section (or do not agree on the extent to which they should abate), either party may apply to the Tribunal for (and the Tribunal may make) an order declaring that the recurrent charges--

(a) are not to abate, or

(b) are to abate to the extent specified in the order from the date so specified.