Occupation Right Agreement (ORA) & Licence to Occupy (LTO)
An Occupation Right Agreement (ORA) is a legal contract between a retirement village operator and a resident. It sets out the terms and conditions of the resident's stay in the village, including the resident's rights and obligations such as the amount of the capital contribution, the ongoing fees, and the terms of termination., the village operator's responsibilities, and the financial arrangements.
A Licence to Occupy (LTO) is the most common type of legal title that a resident will have in a retirement village in New Zealand. It gives the resident the right to live in a unit in the village, but it does not give them ownership of the unit.
What would an ORA include?
The resident's rights and obligations, such as the right to use the village's facilities and services, and the obligation to pay the village's fees.
The village operator's responsibilities, such as the obligation to provide the resident with a safe and habitable unit, and the obligation to manage the village's facilities and services.
The financial arrangements, such as the upfront payment that the resident must make, the ongoing fees that the resident must pay, and the amount that the resident will be paid if they leave the village.
It is important to read the ORA carefully before signing it, and to get independent legal advice if you have any questions. This is where Aged Advisor is able to show a directory of reviews for lawyer who can help with elder law and village contracts in Nelson
Here are some of the key differences between an ORA and an LTO:
An ORA is a legal contract, while an LTO is a type of legal title. An ORA sets out the terms and conditions of the resident's stay in the village, while an LTO only gives the resident the right to live in a unit in the village.
The ORA is typically more complex than an LTO.
If you are considering moving into a retirement village in New Zealand, it is important to understand the difference between an ORA and an LTO. You should also read the ORA carefully before signing it, and get independent legal advice if you have any questions.
In New Zealand, the Retirement Villages Act 2003 sets out the minimum requirements for ORAs and LTOs. The Act also provides for a Code of Practice for retirement villages, which sets out additional standards that retirement villages must meet. The Retirement Villages Code of Practice 2008 provides additional guidance on the rights and responsibilities of residents and operators.
How to see reviews for Retirement Villages in Nelson
Real residents have shared their reviews on a range of Nelson retirement villages, showcasing their wonderful village communities and amenties. To review or view the reviews and submit an enquiry, use the drop downs above by selecting a Suburb, a housing or service type. You can also filter on the ones that have the top reviews.
To find out more knowing your rights as a retirement Village resident - click the link.