Basically, a residents contract can only be terminated in accordance with the conditions and procedures for termination under Part 9 of the Retirement Villages Act 1999, or by death or abandonment.
The Boards power to terminate the contract is set out in Schedule 20 of the Standard Conditions.
Inter alia, under the Retirement Villages Act 1999, the residents contract may be terminated if:-
- the residents physical and/or mental health is such as to make the residential premises unsuitable for occupancy by the resident;
- the resident breaches the residents contract or residents village rules and fails to rectify the breach;
- management would suffer undue hardship if the residents contract was not terminated;
- the resident has intentionally or recklessly caused or permitted, or is likely to cause or permit serious damage to the residential premises or any part of the village or injury to the operator or employee of the operator or to another resident.