228ACAT decision in relation to proposed buyer

228 ACAT decision in relation to proposed buyer (1) On application under section 226 (5) or section 227 (2), the ACAT must decide whether the operator’s decision not to enter into a service contract is reasonable in the circumstances, taking into account— (a) whether the residential premises are suitable for occupation by the intended occupant, taking into account the intended occupant’s physical and mental capacity; and (b) anything else the ACAT considers relevant. (2) However, the intended occupant’s age is not relevant if the intended occupant is a retired person.

(3) On making a decision under subsection (1), the ACAT may make an order of the kind mentioned in section 226 (5) or section 227 (2), whether or not that is the order sought. (4) If the ACAT considers it appropriate, an order mentioned in section 227 (2) or (4) may also set the terms of the service contract to be entered into, taking into account the service contracts in force in the retirement village and the sample contract available for inspection under section 29 (Copies of certain documents to be made available). (5) If the ACAT makes the order mentioned in section 227 (4), the ACAT may also order the operator to pay compensation to the seller or the buyer (or both) for delay and inconvenience that it considers just in the circumstances. intended occupant, of residential premises in a retirement village, means— (a) the buyer of the premises; or (b) another person the buyer intends to allow to live in the premises.