Schedule 4 Form of termination notice

Schedule 4 Form of termination notice

section 64(1)

Notice of intention to seek termination—from operator to resident

Retirement Villages Act 1999, section 131

To [insert name of resident]
of [insert address of resident]

This notice is to advise you that it is our intention to apply to the Civil and Administrative Tribunal of New South Wales (the Tribunal) for an order terminating your residence contract.

This notice does not require you to vacate the premises. The decision as to whether your contract is terminated rests solely with the Tribunal. You will have an opportunity to argue your case at a hearing of the Tribunal. The registry of the Tribunal will notify you regarding the date and venue of the hearing.

If, however, you choose to move out after receiving this notice, your contract will terminate on the date on which you deliver up vacant possession of the premises. You will not be liable to pay recurrent charges that arise in relation to the premises after that date, and any refund of your ingoing contribution must be made no later than 1 month after that date.

The reason or reasons for seeking an order to terminate your residence contract are as follows [tick applicable reasons]—

□ In our opinion, the premises you currently occupy are no longer suitable for your continued occupation on the grounds of your physical or mental incapacity.

□ You have breached term [insert term number] of your village contract by [insert details of alleged breach].

□ You have breached village rule [insert rule number] by [insert details of alleged breach].

Note—

If notice is given on the grounds of a breach of a village contract or the village rules, the Tribunal may refuse to make an order terminating the residence contract if the breach is remedied. The Tribunal may also refuse to make an order if it does not agree that the breach was serious or persistent enough to justify terminating the contract.

□ You have intentionally or recklessly caused or permitted, or are likely to intentionally or recklessly cause or permit, the following [delete any that do not apply]—

(a) serious damage to any part of the village,