New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 163

163 Condition of premises on termination

(1) This section does not apply to or in respect of a former occupant who is, or was, a registered interest holder in respect of his or her residential premises.

(2) A former occupant of a retirement village must, allowing for any renovations or alterations to fixtures or fittings made with the consent of the operator under section 41A, leave his or her residential premises as nearly as possible in the same condition (fair wear and tear excepted) as the premises were in at the beginning of the residence contract.

(3) In particular, the premises must be left as nearly as possible in the same condition (fair wear and tear excepted) as set out in the condition report.

(4) Subsection (3) does not apply in respect of premises the subject of a residence contract entered into before the commencement of section 38 unless a condition report relating to the premises was given to the resident in connection with the contract.

(5) The operator of the village may require a former occupant to bear the cost of any repairs to the former occupant's residential premises that are necessary because the former occupant did not leave the premises in the condition required by this section.

(6) However, a former occupant--

(a) who disagrees with a claim by the operator of the retirement village that such repairs are necessary because the premises were not left in the condition required by this section, or

(b) who is of the opinion that the cost of the repairs, as claimed by the operator, is excessive,

may apply to the Tribunal for an order in relation to the claim.

(7) In any proceedings before the Tribunal under this section--

(a) the operator bears the onus of substantiating his or her claim, and

(b) the Tribunal may--

(i) if it considers that the operator has not substantiated his or her claim--order the operator to withdraw the claim, or

(ii) if it considers that the operator has substantiated his or her claim, wholly or in part--order the former occupant to pay such amount to the operator as it considers necessary to defray the cost of the repairs.