196Liability of resident remaining in possession

196 Liability of resident remaining in possession (1) If a resident of a retirement village fails to comply with an order made by the ACAT setting a day for vacation of residential premises, the resident is liable to pay compensation to the operator of the village for any loss caused to the operator by that failure. (2) The operator must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been avoided taking those steps.

(3) The ACAT may, on application by the operator, order the resident to pay to the operator compensation (including compensation for loss of recurrent charges) as it considers appropriate.