8Termination of residence rights

8 Termination of residence rights

(1)  A resident of any residential premises has a right of occupation that may not be terminated unless –

(a) the resident dies; or

(b) the resident terminates the residence contract; or

(c) the resident ceases to reside in the retirement village in circumstances in which there is no reasonable prospect of him or her returning to reside in the retirement village; or

(d) the resident commits a serious breach of the residence contract or the village rules and the operator terminates the resident's right of occupation; or

(e) the residential premises become an unsuitable place of residence for the resident owing to the resident's mental or physical incapacity and the operator or resident terminates the resident's right of occupation on that ground as provided by subsection (3) ; or

(f) the holder of a mortgage or charge that was in existence at the commencement date becomes entitled to vacant possession of the residential premises under rights conferred by the mortgage or charge; or

(g) the resident and the operator agree on the termination.

(2)  The rights of termination under subsection (1)(a) , (b) , (d) or (e) are subject to –

(a) any limitations or qualifications arising from a contract between the operator and the resident; and

(b) any rights of the resident deriving from the resident's ownership of an interest in any residential premises.

(3)  If –

(a) a resident vacates the retirement village owing to mental or physical illness or incapacity, as certified by –

(i) an independent geriatrician or independent general medical practitioner who, in either case, is acceptable to both the resident and the operator; or

(ii) an Aged Care Assessment Team or any similar assessment group established to replace Aged Care Assessment Teams; and