229Letting or subletting of premises

229 Letting or subletting of premises (1) A resident of residential premises in a retirement village— (a) if the resident of the premises is a registered long-term sublessee—may sublet the premises under a residential tenancy agreement under this division; or (b) in any other case—may let the premises under a residential tenancy agreement under this division. (2) A residential tenancy agreement under this division— (a) must comply with the requirements of the Residential Tenancies Act 1997, section 6A (What is a residential tenancy agreement?); and

(b) must be for a term that, together with any option to renew, is not more than 3 years. Note A residential tenancy agreement under this division is subject to the Residential Tenancies Act 1997. The tenant is not a resident of the (3) The tenant or subtenant under the residential tenancy agreement must be a retired person. (4) A resident may let or sublet the premises only if— (a) the resident has given the operator of the village written details of— (i) the name and age of the proposed tenant or subtenant; and (ii) the term of the proposed residential tenancy agreement; and (iii) any other matters in relation to the proposed agreement that the operator may reasonably require; and (b) the operator has consented in writing to the agreement. (5) The operator may refuse to consent to a second or later residential tenancy agreement if the proposed term of the agreement, when added to the term of a preceding agreement relating to the premises and to which the same resident was a party, would be more than 3 years. (6) If the operator decides not to consent to the residential tenancy agreement (other than for a reason mentioned in subsection (5)), the operator must, not later than 7 days after receiving the written details mentioned in subsection (4) (a)— (a) give the resident written notice of the decision and the reasons for it; and (b) apply to the ACAT for an order declaring that the operator is not obliged to consent to the agreement.

(7) If the operator does not apply for an order within the time allowed, the operator is taken to have consented to the residential tenancy agreement.