New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 152

152 Recurrent charges in respect of general services: registered interest holders

(1) This section applies to a former occupant of residential premises in a retirement village who is a registered interest holder in respect of the premises.

(2) The former occupant's liability to pay recurrent charges (being recurrent charges in respect of general services) that arise after the former occupant permanently vacated the residential premises ceases on whichever occurs first--

(a) the date on which the operator of the retirement village enters into--

(i) a village contract with an incoming resident, or

(ii) a residential tenancy agreement with an incoming tenant,

in relation to the premises, or

(b) the date on which a person takes up residence in the premises with the consent of the operator, or

(c) if the operator buys the premises from the former occupant--the date on which contracts for the purchase are exchanged, or

(d) if the former occupant is a person referred to in section 7 (1) (c)--

(i) if the Tribunal terminated the residence contract--the date on which the former occupant permanently vacated the premises, or

(ii) if the former occupant permanently vacated the premises after receiving notice of the operator's intention to apply to the Tribunal for an order terminating the residence contract--the date on which the former occupant permanently vacated the premises, or

(e) if the former occupant is a person referred to in section 7(1)(c)--the date that is 42 days after the date on which the former occupant permanently vacated the premises, including by returning to the operator all keys to the premises, or

(f) if the contract between the former occupant and the operator provides for a cessation of the liability--the date provided in the contract.

(3) The operator of the retirement village must not increase the recurrent charges payable by the residents of the retirement village as a result of any liability that may be incurred by the operator once the former occupant's liability to pay recurrent charges ceases under subsection (2), unless the regulations otherwise provide.