Retirement Villages Act 1992 (WA)

Western Australia Retirement Villages Act 1992 Western Australia Retirement Villages Act 1992 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Act binds Crown 1 5. Application of Act 1 6. Contracting out 1 7. Effect of Act on other legislation 1 Part 2 — Administration 7A. Commissioner 1 8. Functions of Commissioner 1 9. Commissioner may commence or defend proceedings for party 1 10. Delegation by Commissioner 1 11. Protection of officers 1 11A. Information officially obtained to be confidential 1 11B. Powers of investigation 1 12. Annual report 1 Part 3 — Rights and obligations of residents, owners and operators 13. Residence contract 1 14A. Residence contracts to comply with prescribed requirements 1 14. Cooling‑off period 1 15. Owner to deliver memorial 1 16. Occupation right not to be created unless memorial is lodged 1 17. Termination of residence rights 1 18. Premiums 1 19. Contractual rights of residents 1 20. Charges 1 21. Enforcement of charge 1 22. Termination of retirement village scheme 1 23. Recurrent charges payable by former residents 1 24. Recurrent charges may be deducted from premium repayable to former resident 1 25. Operator not to require payment in respect of prescribed matters 1 Part 4 — Resolution of disputes Division 1 — General 42. Use of other means of resolution 1 44. Extension of time 1 48. Reference of certain matters concerning operators 1 Division 5 — Orders by Tribunal 52. Limits on order by Tribunal 1 54. Jurisdiction of Tribunal if title to land in question 1 54A. Jurisdiction of Tribunal under Community Titles Act 2018 1 54B. Jurisdiction of Tribunal under Strata Titles Act 1985 1 55. Disputes in relation to residence contracts 1 56. Disputes in relation to service contracts 1 57A. Disputes in relation to recurrent charges or levy payable by residents 1 57. Applications relating to transfer of residents 1 58. Termination of occupation on medical grounds 1 59. Termination of occupation on grounds of breach of residence contract or rules 1 60. Parties to minimise loss from breach of residence contract 1 61. Tribunal may waive defect in notice of intention to terminate 1 62. Tribunal may terminate residence contract if resident causes serious damage or injury 1 63. Tribunal may terminate residence contract if operator would otherwise suffer undue hardship 1 64. Suspension or refusal of orders to terminate 1 65. Prohibition on certain recovery proceedings in courts etc. 1 66. Recovery of possession of premises prohibited except by order 1 67. Liability of resident remaining in possession 1 68. Abandoned premises 1 69. Right of operator to compensation if resident abandons premises 1 70. Goods abandoned by resident after residence contract is terminated 1 74. Protection 1 Part 5A — Statutory manager 75A. Terms used 1 75B. Tribunal may appoint statutory manager on application of Commissioner 1 75C. Proposed statutory manager must consent to appointment 1 75D. Variation and revocation of orders 1 75E. Matters to be dealt with in order appointing a statutory manager 1 75F. Other matters arising from appointment of statutory manager 1 75G. Appointment of both statutory manager and external administrator 1 75H. Operator to cooperate with statutory manager 1 75I. Tribunal may require reports and recommendations from statutory manager 1 Part 5 — Miscellaneous 75. Rescission of contract 1 76. Persons who are not to be involved in administration of retirement villages 1 77A. Limitation of period for which section 76 applies to certain persons 1 77B. Offences by persons involved in administration of retirement village 1 77C. Commissioner may grant exemption certificates 1 77. Non‑compliance may be excused by Court 1 79. Liability of officers for offence by body corporate 1 80. Time for commencing proceedings 1 82. Regulations 1 83. Review of Act 1 84. Savings and transitional 1 Schedule 1 — Savings and transitional provisions Division 1 — Provisions relating to commencement of Act 1. Existing disputes and other matters 1 2. Regulations 1 3. Exemption 1 Division 2 — Provisions relating to Retirement Villages Amendment Act 2012 4. Exemption certificate taken to have been granted to certain persons 1 5. Transitional regulations 1 Division 3 — Provisions relating to Retirement Villages Amendment Act 2024 6. Term used: amending Act 1 7. Transitional regulations 1 8. References to administering bodies taken to be references to operators 1 9. Inserted provisions, and regulations under them, extend to existing arrangements 1 10. Amendments do not affect existing proceedings 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Retirement Villages Act 1992 An Act to regulate retirement villages and the rights of residents in such villages and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Retirement Villages Act 1992. 2. Commencement The provisions of this Act shall come into operation on such day as is fixed by proclamation and in any event shall come into effect if not proclaimed, 6 months after Royal Assent. 3. Terms used (1) In this Act — approved form means the form approved by the Commissioner under section 8(2); code means any code of practice prescribed under the Fair Trading Act 2010 which relates to retirement villages; Commissioner means the person for the time being designated as the Commissioner under section 7A; Department means the department of the Public Service principally assisting in the administration of this Act; levy means a single amount that the residents of a retirement village are required to pay to recover an unforeseen operating expense of the retirement village not provided for in the recurrent charges; operator, in relation to a retirement village — (a) means the person by or on behalf of whom the retirement village is administered; and (b) includes a person, other than a resident, who is the owner of land used for the purposes of the retirement village; owner, in relation to land under the operation of the Transfer of Land Act 1893, means a person who alone or with others is registered as the proprietor of an estate in fee simple; premium means a payment (including a gift) made to the operator of a retirement village in consideration for, or in contemplation of, admission of the person by or on whose behalf the payment was made as a resident in a retirement village (including any such payment made for the purchase of residential premises in a retirement village or for the purchase, issue or assignment of shares conferring a right to occupy any such residential premises) but does not include — (a) any such payment excluded by regulation from the ambit of this definition; or (b) a levy or recurrent charges; recurrent charge means any amount (including rent) payable by a resident to the operator of a retirement village on a recurrent basis; Registrar of Titles has the meaning given to that expression by the Transfer of Land Act 1893; residence contract means a contract, agreement, scheme or arrangement which creates or gives rise to a right to occupy residential premises in a retirement village, and may take the form of a lease or licence; residence rules means the rules with which residents of a retirement village are expected by the operator to comply, but does not include any prescribed subsidiary legislation (to which residents are subject) in force under any prescribed Act; resident, in relation to a retirement village, means a person who has been admitted to occupation of residential premises in accordance with a retirement village scheme and includes a spouse or de facto partner of such a person who — (a) is residing with that person; or (b) was residing with that person at the time of that person's death; residential premises means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence and includes a hostel unit; residential tenancy agreement has the same meaning as in the Residential Tenancies Act 1987; retired person means a person who has attained the age of 55 years or retired from full‑time employment or a person who is or was the spouse or de facto partner of such a person; retirement village means a complex of residential premises, whether or not including hostel units, and appurtenant land, occupied or intended for occupation under a retirement village scheme or used or intended to be used for or in connection with a retirement village scheme; retirement village scheme means a scheme established for retired persons or predominantly for retired persons, under which — (a) residential premises are occupied in pursuance of a residential tenancy agreement or any other lease or licence; or (b) a right to occupation of residential premises is conferred by ownership of shares; or (c) residential premises are purchased from the operator subject to a right or option of repurchase; or (d) residential premises are purchased subject to conditions restricting the subsequent disposal of the premises; or (e) residential premises are occupied under any other scheme or arrangement prescribed for the purposes of this definition, but does not include any such scheme under which no resident or prospective resident of residential premises pays a premium in consideration for, or in contemplation of, admission as a resident under the scheme; service contract means a contract between an operator or former operator of a retirement village and a resident for the provision to the resident of — (a) hostel care; or (b) infirmary care; or (c) medical or nursing services; or (d) meals; or (e) administrative and management services; or (f) maintenance and repair services; or (g) recreation services or amenities or entertainment services or amenities; or (h) any other services, and any collateral agreement or document relating to the provision of any such service; Tribunal means the State Administrative Tribunal; working day means a day other than a Saturday, a Sunday or a public holiday. (2) For the purpose of determining whether a contract, agreement, scheme or arrangement is a residence contract as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the premises are used (or intended for use) as a residence by a natural person. [Section 3 amended: No. 57 of 1997 s. 39(10); No. 28 of 2003 s. 179; No. 55 of 2004 s. 1023; No. 28 of 2006 s. 139; No. 58 of 2010 s. 199; No. 36 of 2012 s. 4(1)-(3); No. 42 of 2024 s. 32, 48(1) and 49.] 4. Act binds Crown This Act binds the Crown. 5. Application of Act (1) Except as otherwise provided by or under this Act, this Act applies to retirement villages established either before or after the commencement of this Act. (2) This Act does not apply to a resident or prospective resident of a retirement village or to the operator of that retirement village if — (a) the operator is an "approved provider" as defined in the Aged Care Act 1997 Schedule 1 of the Commonwealth in relation to the residential premises used or intended to be used as a place of residence by the resident or prospective resident; and (b) the operator provides, or is to provide, the resident or prospective resident with "residential care" as defined in the Aged Care Act 1997 section 41‑3 of the Commonwealth; and (c) the resident or prospective resident is receiving, or is entitled to receive, residential care in respect of which the operator is eligible for a "residential care subsidy" as defined in the Aged Care Act 1997 Schedule 1 of the Commonwealth. [Section 5 amended: No. 69 of 2006 s. 34; No. 42 of 2024 s. 48(1).] 6. Contracting out (1) Subject to subsection (2) and without affecting the operation of sections 23(4) and 24(6), the provisions of this Act have effect despite any stipulation to the contrary in any contract, agreement, scheme or arrangement, and no residence contract or other contract, agreement or arrangement (whether oral or partly or wholly in writing) operates to annul, vary or exclude any of the provisions of this Act. (2) Unless this Act provides that this subsection does not have effect in relation to the provision concerned, a provision of this Act does not apply to a contract, agreement or arrangement made or entered into before the commencement of that provision. (3) A person must not enter into any contract, agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act. Penalty for this subsection: a fine of $2 000. [Section 6 amended: No. 36 of 2012 s. 5; No. 42 of 2024 s. 48(1), 50 and 52.] 7. Effect of Act on other legislation The provisions of this Act are, except as otherwise provided by this Act, in addition to and do not derogate from the provisions of any other written law. Part 2 — Administration 7A. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section — executive officer has the meaning given by section 3(1) of the Public Sector Management Act 1994. [Section 7A inserted: No. 28 of 2006 s. 140.] 8. Functions of Commissioner (1) The Commissioner has the following functions for the purposes of this Act — (a) to investigate and conduct research into matters relating to or affecting retirement villages; (b) to publish reports and disseminate information on matters relating to retirement villages; (c) to give advice to consumers on the provisions of this Act; (d) to investigate and attempt to resolve complaints by residents and operators of retirement villages and to take action by negotiation, prosecution of any offence or otherwise; (e) to make reports to the Minister on matters referred to the Commissioner by the Minister and matters of importance investigated by the Commissioner, whether referred to the Commissioner by the Minister or not. (2) The Commissioner may approve forms for use under this Act. [Section 8 amended: No. 57 of 1997 s. 104; No. 28 of 2006 s. 141; No. 42 of 2024 s. 33 and 48(1).] 9. Commissioner may commence or defend proceedings for party (1) If a resident of a retirement village has made a complaint to the Commissioner and the Commissioner — (a) after investigating the complaint, is satisfied that the resident may have a right to commence or defend proceedings under this Act; and (b) is of the opinion that it is in the public interest that the Commissioner should commence, defend or assume the conduct of those proceedings on behalf of the resident, the Commissioner may commence, defend or assume the conduct of those proceedings. (2) The Commissioner must not commence, defend, or assume the conduct of, any proceedings under subsection (1) on behalf of a resident without first obtaining the written consent of the resident which once given is irrevocable except with the consent of the Commissioner. (3) In relation to any proceedings referred to in subsection (1) the following provisions apply — (a) the Commissioner has, on behalf of the resident of the retirement village, in all respects the same rights in, and control over, the proceedings, including the right to settle any action or part of any action, as the resident would have had in the conduct of those proceedings; and (b) the Commissioner may, without consulting or seeking the consent of the resident, conduct the proceedings in such manner as the Commissioner thinks appropriate and proper; and (c) in the case of proceedings already commenced by or against the resident, the Tribunal or the court hearing the proceedings must, on the application of the Commissioner, order that the Commissioner be substituted for the resident as a party to the proceedings, and may make such other orders or give such other directions in that behalf as the Tribunal or the court thinks fit; and (d) any moneys (excluding costs) recovered by the Commissioner are tobe paid to the resident without deduction and any amount awarded against the resident is payable by and recoverable from the resident, but in all cases the costs of the proceedings are to be borne by or paid to and retained by the Commissioner as the case may require; and (e) if any party to the proceedings alleges another cause of action, or if the resident on whose behalf the proceedings are being defended has another cause of action, the Tribunal or the court hearing the proceedings may, on the application of the Commissioner, order that the proceedings for the other cause of action be heard separately and that the party or the resident as the case may require be a party to those proceedings in the party's or the resident's own right and may make such other orders or give such other directions in that behalf as the Tribunal or the court thinks fit. (4) In any proceedings referred to in subsection (1), a document purporting to be signed by the Commissioner stating in respect of the proceedings that the Commissioner is satisfied that the resident may have a right to commence or defend proceedings under this Act and that it is in the public interest to commence, defend, or assume the conduct of, the proceedings, as the case may be, on behalf of the resident of the retirement village is, in the absence of proof to the contrary, proof that the Commissioner commenced, defended, or assumed the conduct of, the proceedings, as the case may be, in accordance with that subsection. (5) In any proceedings referred to in subsection (1) a document purporting to be the consent of the resident of the retirement village to the Commissioner commencing, defending, or assuming the conduct of, the proceedings, as the case may be, is, in the absence of proof to the contrary, proof of that consent. (6) Despite anything in this section, if the Tribunal or the court hearing the proceedings is satisfied whether on application by the resident or otherwise that any proceedings taken by the Commissioner under this section in the name of a resident are not in the interests of the resident the Tribunal or the court, as the case may be, must order that the proceedings are to be — (a) discontinued; or (b) continued so as not to affect the interests of the resident and only in accordance with such directions including directions as to costs, as the Tribunal or court, as the case requires, thinks just. (7) Any costs recovered by the Commissioner under subsection (3)(d) are to be credited to the Consolidated Account. (8) In this section resident includes a prospective resident or former resident. [Section 9 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 55 of 2004 s. 1044; No. 77 of 2006 s. 4; No. 42 of 2024 s. 34, 49, 51, 52 and 53(1).] 10. Delegation by Commissioner The Commissioner may by notice published in the Gazette delegate any of the Commissioner's functions under this Act (other than this power of delegation) to the holder of any specified office in the public service of the State or to any specified officer of an agency or instrumentality of the Crown. [Section 10 amended: No. 42 of 2024 s. 49.] 11. Protection of officers (1) In this section — statutory manager means a person appointed under section 75B and includes an agent of, or a person employed or engaged by, a statutory manager who is assisting the statutory manager in the performance of the functions of the statutory manager under this Act. (2) No liability attaches to the Commissioner or any delegate of the Commissioner, or any officer of the Department or a statutory manager for any act or omission by the Commissioner, the delegate, the officer or the statutory manager that occurred in good faith and in the performance or discharge or purported performance or discharge of the functions of the Commissioner, the Department or the statutory manager under this Act but, except as stated in subsection (3), this section does not relieve the Crown of any liability that it might have for the actions of such persons but for this section. (3) The Crown is relieved of any liability that it might otherwise have had for any act or omission, as described in subsection (2), by a statutory manager. [Section 11 amended: No. 36 of 2012 s. 6; No. 42 of 2024 s. 52.] 11A. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. Penalty for this subsection: a fine of $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than — (a) in the course of duty; or (b) under this Act; or (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; or (d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section — information means information concerning the affairs of a person. [Section 11A inserted: No. 28 of 2006 s. 142; amended: No. 42 of 2024 s. 50.] 11B. Powers of investigation The Fair Trading Act 2010 section 61 and Part 6 of that Act apply to this Act. [Section 11B inserted: No. 58 of 2010 s. 190.] 12. Annual report (1) As soon as practicable after 30 June, but on or before 31 December, in each year, the Commissioner must prepare and forward to the Minister a report on the operation of this Act during that year. (2) The Minister must lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report. [Section 12 amended: No. 42 of 2024 s. 52.] Part 3 — Rights and obligations of residents, owners and operators [Heading amended: No. 42 of 2024 s. 48(2).] 13. Residence contract (1) A residence contract must be in writing. (2) At least 10 working days before a person enters into a residence contract, the owner must cause to be given to that person — (a) a statement in the prescribed form completed and signed by the owner containing the information required by the regulations; and (b) a notice in the prescribed form of the person's rights under this section and section 14; and (c) a copy of the residence rules; and (d) a copy of any applicable code; and (e) any other prescribed documents. Penalty for this subsection: a fine of $20 000. (3) If the owner is not an operator, the operator must, upon written application by the owner, provide that owner with such information and documents in the possession of the operator as will enable the owner to comply with subsection (2). Penalty for this subsection: a fine of $20 000. (4A) A person must not demand or receive any fee or charge for any information or document given under subsection (2) or (3). Penalty for this subsection: a fine of $5 000. (4) If a person enters into a residence contract, the contract is taken to include a warranty on the part of the owner of the correctness of the information contained in the statement given under subsection (2)(a) (subject to any written alteration to the statement made by the owner with the consent of the prospective resident on or before the signing of the residence contract by the owner), and that warranty prevails over any inconsistent contractual term. (5) A person, including an owner, must not, without the approval of the Commissioner — (a) make a representation to a person that is inconsistent with information contained in a statement given to that person under subsection (2)(a); (b) give to a person a statement under subsection (2)(a) that contains information that is inconsistent with a representation made by the owner to that person. Penalty for this subsection: a fine of $20 000. (6) In proceedings for an offence against subsection (5) it is a defence for the accused to prove — (a) being an owner, that any representation was made without the consent or knowledge of the owner; (b) being a person other than an owner, that the person believed the representation was true; (c) in any case, that the consent of the Commissioner was given in relation to the representation. (7) In this section owner means owner of the residential premises to which the residence contract relates. [Section 13 amended: No. 36 of 2012 s. 7; No. 42 of 2024 s. 35, 48(1), 49, 50, 51, 52 and 54.] 14A. Residence contracts to comply with prescribed requirements (1) The regulations may provide for provisions or matters that must be included, or provisions or matters that must not be included, in residence contracts or in residence contracts of a specified kind. (2) A person must not enter into a residence contract with a prospective resident unless the residence contract, otherwise than because of the operation of subsection (3) or (4), complies with any regulations made for the purposes of subsection (1). Penalty for this subsection:a fine of $20 000. (3) If regulations made for the purposes of subsection (1) provide that residence contracts or residence contracts of a specified kind must contain a provision in the terms specified in those regulations, a residence contract to which those regulations apply that does not include a provision in the specified terms is to be taken to include that provision. (4) If regulations made for the purposes of subsection (1) provide that any provision or matter must not be included in residence contracts or residence contracts of a specified kind, a residence contract to which those regulations apply that includes any provision or matter contrary to those regulations is void to the extent of the provision or matter. (5) The regulations may provide that section 6(2) does not have effect in relation to any specified regulations, or any specified provisions of regulations, made for the purposes of subsection (1). [Section 14A inserted: No. 36 of 2012 s. 8; amended: No. 42 of 2024 s. 50.] 14. Cooling‑off period (1) Subject to subsection (2) and section 75, a prospective resident is entitled to rescind a residence contract entered into by that person — (a) at any time within 7 working days after the date of the contract; or (b) if section 13(2) is not complied with — at any time before the expiration of 17 working days after the date on which the documents required under that section are given to the prospective resident. (2) A person is not entitled to rescind a residence contract under this section after entering into occupation of residential premises in a retirement village under the residence contract. [Section 14 amended: No. 36 of 2012 s. 9.] 15. Owner to deliver memorial (1) A person or association of persons whether incorporated or not must not use land for the purposes of a retirement village unless the land is under the operation of the Transfer of Land Act 1893. Penalty for this subsection: a fine of $20 000. (2) A breach of subsection (1) cannot be pleaded in bar to any claim for the repayment of a premium or any moneys under a contract of sale relating to any interest in the land. (3) Subject to subsection (6), if land is, or is proposed to be, used for the purposes of a retirement village, a memorial in the form approved by the Registrar of Titles containing such information as is prescribed must be lodged with the Registrar of Titles. (4) The owner of land used for the purposes of a retirement village must cause a memorial referred to in subsection (3) to be lodged with the Registrar of Titles — (a) if the retirement village was established or if the plan and specifications of the retirement village were approved under the Local Government (Miscellaneous Provisions) Act 1960 before the commencement of this section and paragraph (b) does not apply — within 3 months after the commencement of this section; and (b) in any other case — before entering into a contract which creates or gives rise to a right to occupy residential premises in the retirement village or inviting other persons to make applications, offers or proposals to enter into such a contract. Penalty for this subsection: a fine of $20 000. (5) Before a memorial is lodged under subsection (3) the owner must — (a) notify each person who holds a mortgage, charge or encumbrance over the land; and (b) if the memorial relates to a retirement village established, or for which the plan and specifications were approved under the Local Government (Miscellaneous Provisions) Act 1960, or for which a building permit was granted under the Building Act 2011, after the commencement of this section, obtain the consent of each such person to the registration of the memorial. Penalty for this subsection: a fine of $5 000. (6) A resident who has an interest in land used for the purposes of a retirement village either as a tenant in common or as an owner of a lot under the Community Titles Act 2018 or the Strata Titles Act 1985 is not required to lodge a memorial under subsection (3) so long as — (a) the interest of the resident is related only to the place in the retirement village occupied by the resident; and (b) the interest of the resident is not offered as security or the resident does not enter into a contract for the sale of that interest. (7) On receiving a memorial under subsection (3) and payment of the fee prescribed under the Transfer of Land Act 1893, the Registrar of Titles must register that memorial and endorse the Register within the meaning of that Act and, if appropriate, the relevant plan, to that effect in relation to the land to which the memorial relates. (8) If there is produced to the Registrar of Titles documents, if any, prescribed for the purposes of this subsection and the Registrar of Titles is satisfied that no part of the land to which a memorial relates is still used, or proposed to be used, for the purposes of a retirement village the Registrar of Titles must, upon application for cancellation of the memorial and payment of the fee prescribed under the Transfer of Land Act 1893, cancel the registration of the memorial and accordingly endorse the Register within the meaning of that Act and, if necessary, relevant plan, to that effect in relation to the land concerned. [Section 15 amended: No. 14 of 1996 s. 4; No. 81 of 1996 s. 153(1); No. 24 of 2011 s. 171; No. 32 of 2018 s. 239; No. 42 of 2024 s. 36, 50, 52 and 54.] 16. Occupation right not to be created unless memorial is lodged (1) A person must not invite other persons to make applications, offers or proposals to enter into a contract, which has or would have the effect of creating or giving rise to a right to occupy residential premises in a retirement village in respect of which a memorial is required to be lodged under section 15 and has not been so lodged. Penalty for this subsection: a fine of $20 000. (2) An owner must not enter into a contract which has or would have the effect of creating or giving rise to a right to occupy residential premises in a retirement village in respect of which a memorial is required to be lodged under section 15 and has not been so lodged. Penalty for this subsection: a fine of $20 000. (3) Subject to section 75, a person who is a resident and has entered into a contract in respect of which there has been a contravention of subsection (1) or (2) may rescind the contract not later than 6 months after that person becomes aware of the contravention. [Section 16 amended: No. 42 of 2024 s. 50 and s. 52.] 17. Termination of residence rights (1) A contract which is entered into between a resident and an owner of land used for the purposes of a retirement village and which creates or gives rise to a right to occupy residential premises in that retirement village binds the successors in title of the owners as if the successors had also entered into the contract and the right of occupation cannot be terminated unless — (a) the resident dies; or (b) the residence contract is terminated by the resident in accordance with the residence contract or under this Act; or (c) the resident abandons the residential premises; or (d) the residence contract is terminated by the Tribunal under this Act; or (e) the holder of a mortgage, charge or other encumbrance that was in existence before the commencement of this section becomes entitled to vacant possession of the premises in pursuance of rights conferred by the mortgage, charge or other encumbrance. (2) Sections 57, 65 to 70, the rights of termination of residence con