Last updated 11 August 2016
When a resident wishes to leave the village, it will normally entail the termination of the residence agreement.
A resident has a right to terminate the agreement by giving a one-month written notice to the operator (s 52 Retirement Villages Act 1999 (Cth) (Retirement Villages Act)). An operator has the right to terminate a resident’s right to reside in the village by giving the resident a two-month written notice but only if (s 53 Retirement Villages Act):
- the resident has committed a material breach of the residence agreement
- the scheme operator believes reasonably that the resident has abandoned the unit
- the unit is no longer suitable for the resident, following assessment of the resident’s needs under the Aged Care Act 1997 (Cth).
The scheme operator may also terminate a resident’s right to reside in the unit by giving 14 days written notice if the resident has, or is likely to, intentionally or recklessly:
- injure a person while the person is in the retirement village
- seriously damage the resident’s accommodation unit
- seriously damage another person’s property.