Retirement villages case study

Operators and residents can apply for termination and vacant possession ending the residence contract on the ground of unsuitability of the resident’s physical or mental capacity.

A village resident began leaving the premises during the night and was found wandering around the neighbouring streets on a number of occasions by local residents.

The operator liaised with the family members who claimed that these were isolated incidents as the resident was upset due to the recent passing of a close friend within the village.  The resident and the family declined to find alternative accommodation despite the operator’s recommendation.

The operator lodged an application to the CTTT for termination and possession ending the residence contract.  The operator claimed that the village accommodation was no longer suitable due to the resident’s declining health.

At the hearing, the resident was represented by her family.  Evidence was presented by both parties including a medical report from the resident’s family doctor indicating that the resident was suffering from dementia and that her condition was unlikely to improve.  The family then accepted that their mother required a higher level of supported accommodation.

The parties reached a consent agreement terminating the residence contract and allowing sufficient time to find alternative suitable accommodation in a nearby nursing home.