Retirement villages are where senior members of the community or retired persons can choose to live and are generally made up of units or apartments. In some villages, personal care and support services can be bought for a fee.

Residents in retirement villages will often have a residence contract for their accommodation under the Retirement Villages Act 1999. Residence contracts will include things like an upfront cost for the right to reside in the retirement village, ongoing service charges, and exit fees and entitlements. These contracts are different to a rental agreement, and they aren’t covered by the Residential Tenancies and Rooming Accommodation Act 2008 (the RTRA Act). However, there are some circumstances where the RTRA Act applies to a tenancy in a retirement village.

Retirement village providers will also sometimes change a facility’s operations to standard rental accommodation, which is covered by the RTRA Act.

The RTA is only able to provide information and support to providers/managers and tenant/residents if the RTRA Act applies to their tenancy.

A residence contract for accommodation in a registered retirement village is covered by the Retirement Villages Act 1999. 

If a resident with a residence contract vacates their accommodation or dies, a relative who has been living with them may be entitled to temporarily stay in the accommodation. This arrangement would also be covered by the Retirement Villages Act 1999, see section 70B for further details and criteria.

Further information about residence contracts is available from the Queensland Government.

If you rent accommodation in a retirement village and don’t have a residence contract, then your tenancy may be covered by the RTRA Act. This includes if you are working at a retirement village and rent accommodation in the facility as part of your employment arrangement.

Depending on the nature of your accommodation, you may have one of the following tenancy agreements: a general tenancy agreement or a rooming accommodation agreement. If a tenancy is covered by the RTRA Act, providers/managers and tenants/residents can contact the RTA for information and support.

A retirement village provider/manager will sometimes change the purpose and operations of a facility. This could involve changing a facility from a retirement village to standard rental accommodation, such as a seniors’ rental community. The lease arrangements available at a facility may be affected by this.

The provider may also cease to offer personal care and support services at a facility or change the way these services are delivered.

In some cases, the current residents with a residence contract for their accommodation may be given the option to switch to a general tenancy agreement or rooming accommodation agreement. This agreement would be covered by the RTRA Act. New residents may also be offered a general tenancy agreement or rooming accommodation agreement rather than a residence contract.

For support and information about changes to retirement villages, residents should refer to the Queensland Government’s information about retirement villages or contact the Queensland Retirement Village and Park Advice Service (QRVPAS) for free legal help and information.

Providers/managers and tenant/residents can contact the RTA for information and support about new or existing tenancy agreements that fall under the RTRA Act.

In some retirement villages, particularly those that are changing to another accommodation type, there may be a mix of residence contracts covered by the Retirement Villages Act 1999 and tenancies covered by the RTRA Act. It’s important to check your agreement to see which Act applies.

Go to tenancy agreements for information about tenancies covered under the RTRA Act.

If you’re unsure if the RTRA Act applies to your agreement, you can ask the provider/manager about the agreement type or contact the RTA for information. You can also make an urgent application to the Queensland Civil and Administrative Tribunal (QCAT) for an order stating if the RTRA Act applies.

Information is available from the Queensland Government about leaving a retirement village if you have a residential contract you would like to end.

Go to ending a tenancy for information about ending an agreement covered under the RTRA Act.

If a tenant/resident would like you to act on their behalf and they have an agreement covered by the RTRA Act, you can either:

• provide a copy of a Power of Attorney to the RTA, or
• ask the tenant/resident to complete a Letter of Authority.

Once the appropriate document is received by the RTA, you will be able to speak to the RTA on behalf of the tenant/resident.

Residence contracts in retirement villages

Refer to the Queensland Government website for retirement village information. The website also includes a list of useful contacts for getting help in retirement villages.

Tenancy agreements covered by the RTRA Act

Providers/managers and tenant/residents can contact the RTA for information and support.