RETIREMENT VILLAGE LEASE

RETIREMENT
VILLAGE Lease

The term “Retirement Village Lease” refers to a lease of accommodation in a Retirement Village.

A Retirement Village is any residential complex occupied predominantly or exclusively by retired persons aged over 55 years who have entered into some form of contractual arrangement with the owner or operator of the village. The main legislation that applies is the Retirement Villages Act 1999 and the Retirement Villages Regulation 2009. 

There are several ways for people to own or occupy premises in a retirement village. People often occupy Retirement Villages under long-term leases or licenses. 
 
Under a long-term lease, the occupier is entitled to live in the residence for an agreed period of time (commonly 99 years) or until they die, whichever is the earlier. 
Retirement Village Lease - Lease Hub
The operator of the Retirement Village maintains ownership of the property but the lease can be transferred by the occupier. The lease is registered on Title as security for legal tenure if the village is ever sold. In addition to the lease agreement, it is common for a ‘service agreement’ to be prepared and entered into which sets out the agreement for the provision of services at the Retirement Village. Long-term leases usually call for a trustee company to be appointed to take care of the financial aspects whilst a manager is appointed for day-to-day village management. This is the most common form of arrangement.
 
Under a license, the operator again maintains ownership of the property but the occupier provides a long-term loan or donation upon entry in return for the right to occupy the property. This arrangement is generally set up by non-profit organisations.
Under the Retirement Villages Act 1999.the operator must issue any prospective resident or their representative a Disclosure Statement within 14 days of an expression of interest and this document must set out specific details of the premises as well as the applicable fees and charges.