Condition of unit when leaving
Condition of your unit
When you leave your unit, it should be in the same condition it was when you moved in, apart from fair wear and tear, and renovation and other changes to the condition of the unit carried out with the agreement of the resident and the scheme operator.
If you don't return your unit to the same condition it was in, the village operator may do the reinstatement work and ask you to pay for it.
The operator may propose to undertake renovation work to improve the value of your unit. You may be asked to pay for some of the renovation work if you are to receive a share of any capital gain from the sale of the unit.
What does 'reinstatement work', 'fair wear and tear' and 'renovation work' mean?
Reinstatement works are replacements or repairs that are reasonably necessary to get your unit back to the condition it was when you moved in, apart from fair wear and tear and renovation work.
Fair wear and tear includes a reasonable amount of wear and tear to items commonly used in a retirement village.
Renovation works include replacements or repairs other than reinstatement work.
Time frames
Reinstatement work must be completed either:
- If you and the scheme operator agree on a timeframe for completion, the agreed time
- no more than 90 days after you leave the unit or
- if renovation works are required, the time by which renovation works must be completed.
Disputes about reinstatement work
If you and the operator disagree on the reinstatement work and can’t reach an agreement, this is a dispute under the Retirement Village Act 1999 (the Act). See the dispute resolution processes for retirement villages.
If the Queensland Civil and Administrative Tribunal (QCAT) orders the work to be done, it must be completed in the time that QCAT sets.
Renovation work
Before doing any proposed renovation work in or affecting the accommodation unit, the operator must:
- agree with you, as the former resident, on the date the work will be completed
- ensure the work is completed by that date.
If you and the operator have a dispute about the completion date, this is a dispute under the Retirement Villages Act.
Who pays for renovation work
Your residence contract states who pays for the renovation work.
If the contract states that you and the operator must share any capital gain on the sale of the unit, you must also share the cost of renovation work in the same proportion as the capital gain.
Otherwise, the operator pays for renovation work.