Applying to end a resident's right of occupation at a retirement village

Try to resolve the issue by

• giving the resident a written warning
• following the village’s dispute resolution policy
• arranging mediation, conciliation or another dispute resolution process
• other means appropriate in the circumstances.

If the issue involves a breach of contract or village rules, the dispute resolution process must be followed unless all parties agree otherwise.

If the issue relates to a resident behaving in a way that affects someone’s health or safety or seriously disturbs the peace or comfort of other residents, the operator must make reasonable efforts to stop the resident’s behaviour using the strategies listed above.

Give the resident a termination notice

At least 5 business days before an operator makes an application to the South Australian Civil and Administrative Tribunal (SACAT) to confirm their decision to terminate a resident’s right of occupation, the operator must provide written notice to the resident of their intention to make the application.

The notice must be signed and dated by the operator and include:

• the operator’s name and address
• the retirement village’s name and address
• the resident’s name
• reasons for the decision to terminate the residents right of occupation
• a statement that the decision is not effective until confirmed by SACAT
• information about the resident’s right to attend the SACAT hearing and present their case
• a note that SACAT will set a date for the resident to leave the village if the termination is confirmed.

A copy of the village dispute resolution policy must also be provided.

Failure to comply can lead to penalties of up to $20,000.

Example termination notice

This example termination notice that can be adapted for your retirement village.

Apply to SACAT

• submit the application online at the SACAT website
• include all relevant documents and explain the grounds for termination
• give the resident written notice at least five business days before making the application.

Attend the SACAT hearing and wait for SACAT’s decision

Find more information about SACAT hearings on the SACAT website.

Follow SACAT’s order

• if SACAT confirms the termination, it will set a date for the resident to vacate
• if the resident does not leave by that date, the operator can apply to SACAT for an ejectment order, which SACAT can enforce.