Retirement Residence & Your Legal Rights Across Eastern Melbourne

Retirement Residence & Your Legal Rights Across Eastern Melbourne

What Is A Retirement Residence & Your Legal Rights

When considering a time to retire, or if you’re looking to downsize your property and move into a retirement residence, it’s best to consult with a lawyer who understands your legal rights. At Williams & Lay Lawyers, we understand the property law landscape, and we will be able to assist you in finding the right residential setting to retire in.


Currently, there are several ways for people to own or occupy premises in a retirement village; people often occupy retirement villages under long-term leases, under license or through Strata Title Ownership. But what is a retirement residence: retirement villages are designed for people over the age of 55 who have the capacity to live independently but would like the company and benefits that are intrinsic to a retirement village.


However, it’s essential to understand your legal rights regarding your retirement residence, so give us a call today to enquire – or take a look at our content below.

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  • Long-Term Leases For Retirement Residence

    Under a long-term lease, the occupier is entitled to live in the property for a period of time pursuant to the lease (commonly 99 years). The property developer maintains ownership of the property, but the lease can be transferred by the occupier. Beyond the lease agreement, a service agreement sets out the terms and conditions regarding the services provided. 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.

  • Licenses

    Under a license, the property developer again maintains ownership of the property. Still, the occupier provides a long-term loan or donation in return for the right to occupy the property. This is a more cost-effective approach as the cost of entry is substantially lower. The downside to this approach is forgoing the benefit of capital gains the property attracts as the market matures.

  • Strata Title

    Strata Title Ownership is the most secure form of occupation with the added benefit of body corporate membership, granting certain rights to contribute to the management of the retirement village. The downside to this approach is a higher cost of entry due to stamp duty on the purchase; however, the advantage is accruing capital gains on the property as the market further matures.

How We Can Help You with Your Retirement Residence

At Williams & Lay Lawyers, we always recommend seeking the advice of an experienced lawyer whilst reviewing alternative retirement villages and certainly prior to signing any documents regarding occupation. We can also assist you with interpreting the Retirement Villages Act 1999 and can provide you with a complete understanding of your legal position.


Contact us to find out more or to arrange a consultation with an experienced retirement property lawyer over the phone or in Lilydale. We can communicate by email, phone, and post so that you do not need to attend our office in person. However, if you would like to come into the office, you are more than welcome to between the hours of 9 am to 5 pm Monday to Friday.

Be Confident When Finding A Retirement Residence With Williams & Lay

Contact our team today to discuss your options when looking into a retirement residence; we care about your future and want to assist you in making the right choice for you!

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