122Application to ACAT by operator in relation to

122 Application to ACAT by operator in relation to possession of premises by relative of resident (1) This section applies if a relative of a resident of residential premises in a retirement village— (a) does not enter into a residence contract mentioned in section 120 (2) with the operator of the village in relation to the residential (b) fails to give vacant possession of the residential premises to the (2) The operator may apply to the ACAT for an order directing the relative of the resident to deliver vacant possession of the residential premises to the operator within the time stated in the order. (3) However, if the ACAT is satisfied that the relative of the resident failed to enter into a residence contract only because the terms of the proposed contract were unreasonable, the ACAT may— (a) set the terms of the contract, taking into account the following: (i) the terms of other residence contracts in force in the (ii) the terms in the standard form contract; (iii) a term required to be included by a regulation made under section 66 (Prescribed matters in village contracts); and (b) direct the operator and the relative to enter into the contract within the time stated in the order. (4) The operator must not enter into a residence contract in relation to the residential premises with a person other than the relative of the resident unless— (a) the relative gives vacant possession of the premises to the (b) the ACAT orders the relative to do so.

(5) A contract entered into in contravention of subsection (4) is void.