32Termination on ground of breach of residence contract or village rules

32 Termination on ground of breach of residence contract or village rules

(1)  The operator of a retirement village may apply to the Director for an order terminating the residence contract of a resident who has committed a serious breach of the residence contract or a village rule.

(2)  A resident may apply to the Director for an order terminating his or her residence contract if the operator has committed a serious breach of the residence contract or a village rule.

(3)  The Director may, on application made under this section, make an order terminating the residence contract, but only if he or she is satisfied that –

(a) the breach, in the circumstances of the case, is such as to justify termination of the contract; or

(b) persistent breaches by the resident or operator concerned are, in the circumstances of the case, such as to justify termination of the contract.

(4)  If the Director makes an order terminating a residence contract under this section, the Director must specify in the order a date by which the resident must vacate the residential premises concerned.

(5)  If the Director forms the opinion, in the course of proceedings under this section, that a village rule is unreasonable, the Director may make an order –

(a) setting aside the rule; or

(b) modifying the operation of the rule, either in its application to the operator or to a resident or tenant or to some or all of the residents and tenants of the retirement village concerned.