Retirement village exit entitlements and recurring charges cap

Submission cover sheet

  • Name of organisation or individual making this submission

    Anonymous

Questions on possible options

  1. Is the description of the ‘Sydney Metropolitan Area’ appropriate? If not, why not, and what areas should be included or excluded?

    Certainly, regional areas should be included. It is not clear that they have been. I live in a retirement village in Bowral. There are a number in the Southern Highlands.

  2. Are the proposals for appointing a valuer, to determine the value of the property, necessary and appropriate?

    Should be independent of both parties.

  3. Where residents wish to sell their residence on their own terms, under what circumstances should they be able to opt in or opt out of the exit entitlement provision?

  4. What issues should the Tribunal take into account when considering whether or not the operator has done everything in their power to enable the sale of a premises?

  5. Are there any additional circumstances the Tribunal should be able to take into account when considering a hardship application from an operator?

  6. Are there any other factors that could affect the setting of a ‘trigger point’?

    Those suggested are appropriate.

  7. Would any of the current provisions in Victoria and South Australia as set out in Appendix A (in the discussion paper), be of benefit to NSW residents of retirement villages?

    Yes, but the Victorian provisions appear simpler to administer.

  8. Can you think of any other benefits or costs of this proposal? What are they?

  9. As with residents with a non-registered interest, should the ‘trigger’ to commence the 42-day period begin when the resident permanently vacates the premises?

    Yes.

  10. Should one or both of the proposals be ‘grandfathered’? If not, please provide your reasons.

    "Grandfathering" this reform is not appropriate. 1. That factor was not announced by the Government in their election pledge on these reforms. 2. Those who are suffering from the existing unfair laws will be most affected initially, i.e. the voters at the recent election who currently live in a retirement village. 3. We will NEVER benefit from these changes, despite fighting for them, if "grandfathering" is introduced. 4. We will have been seriously MISLED.

  11. Please provide any further comments on the reforms.

At our discretion we may remove parts of submissions because of length, content, appropriateness or confidentiality (privacy) reasons.

Website https://www.fairtrading.nsw.gov.au

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