186Ending of residence contract if premises uninhabitable

186 Ending of residence contract if premises uninhabitable etc—application to ACAT (a) a party to a residence contract for residential premises in a retirement village gives the other party (the recipient) a termination notice; and (b) the recipient tells the other party within 7 days after the day the termination notice is received that the recipient considers that the premises are not in the condition stated in the termination notice. (2) A party may apply to the ACAT for an order deciding the condition of the residential premises in the village. (3) On application, the ACAT— (a) must— (i) set aside the termination notice; or (ii) confirm the termination notice and state— (A) the day the residence contract relating to the residential premises ends; and (B) the day the resident must vacate the residential (b) may make any other order it considers appropriate. (4) If an application is made to the ACAT, the termination notice is suspended pending the ACAT’s decision. (5) An application to the ACAT under this section also operates as an application under section 157 (Reduction of recurrent charges in certain circumstances). termination notice—see section 185 (2).

Division 9.2 Ending of residence contract by ACAT on application of either operator or resident Division 9.2 Ending of residence contract by ACAT on application of either operator or resident