New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 159

159 Period for which departure fee may be charged after permanent vacation of premises: old contracts--registered interest holders

(1) This section applies only in the case of a former occupant--

(a) who is a registered interest holder in respect of his or her residential premises in the retirement village, and

(b) whose village contract providing for payment of a departure fee was in force before the commencement of this section.

(2) A departure fee is not payable to the extent that it is calculated in respect of a period after--

(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,

whichever date occurs first, or such earlier date as the operator and the former occupant may agree.

(3) Despite the other provisions of this Act, subsection (2) does not affect any provision of a village contract that provides that the departure fee is not calculable in respect of a period before a date referred to in that subsection.