New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 44A

44A Termination of village contract during settling-in period

(1) A resident of a retirement village may terminate a village contract to which the resident is a party--

(a) by permanently vacating the residential premises within the village, or

(b) in the case of a contract other than a residence contract--by notice in writing to the operator of the retirement village indicating an intention to terminate the contract,

before the end of the settling-in period.

(2) For the purposes of this Division, the
"end of the settling-in period" means the later of--

(a) the day that is 90 days after the date on which the resident is entitled to occupy the residential premises concerned under the residence contract for the premises, or

(b) if the resident occupies the premises before the day specified in paragraph (a), the day that is 90 days after the resident first occupies the residential premises, or

(c) such date as may be agreed to by the operator and the resident.

(3) Nothing in this section requires a resident to occupy the residential premises before terminating a village contract under this section.

(4) The termination of a village contract in accordance with this Division is not to be regarded as a breach of contract or otherwise as a civil wrong.