You can end your residence contract at any time by giving written notice to the operator.
Both you and the operator may have the right to terminate the contract, depending on the circumstances.
When you can end the residence contract
You may terminate your residence contract at any time by:
- complying with any requirements relating to ending your residence contract set out in your original contract (such as timelines for giving notice), and
- providing written notice to the operator.
When an operator can end your right to occupy
In some situations, the operator can decide to end your right to live in the residence. This decision must be confirmed by the South Australian Civil and Administrative Tribunal (SACAT).
This can happen if you:
- breach your residence contract or village rules
- act in a way that affects the health or safety of workers or residents
- seriously disturb the peace or comfort of other residents
- can no longer safely live in the residence due to physical or mental health needs
- are affected by other circumstances that make it inappropriate for you to stay in the residence.
What the operator must do before applying to SACAT
Give you at least 5 business days’ written notice of their intention to apply to SACAT. Apply to SACAT for confirmation of their decision.
Your rights during the SACAT process
receive written notice explaining the grounds for termination be informed that SACAT will review the decision be advised of your rights in the review process.
Vacated premises report
When you leave your retirement village residence, the operator must prepare a vacated premises report. The vacated premises report is used alongside your premises condition report from when you moved in.
Together, these documents:
- show whether any damage has occurred
- distinguish normal wear and tear from other issues
- help determine who is responsible for costs related to repairs, replacements or refurbishment, in line with your residence contract.
When the report must be completed
The operator must:
- complete the vacated premises report within 10 business days of you ceasing to reside in the village
- provide a copy of the report to you.
What the vacated premises report must include
The vacated premises report must give detailed information about the condition of:
- fixtures
- fittings
- furnishings.
After receiving the report
After receiving the report, you must be given reasonable time to:
- review the information
- discuss any concerns
- agree to the contents.
If you disagree with the report:
- you and the operator must try to resolve the issue using the village’s dispute resolution policy, unless you both choose an alternative method
- the aim is to reach agreement before any repair or refurbishment decisions are made.
The report must be signed by:
- the operator
- you or your representative, if it is reasonably practicable.
Related information
On this site
Other websites
South Australian Civil and Administrative Tribunal (SACAT)
