Division 2 Change of landlord or tenant

33   Right to assign rights or sub-let

(1)  It is a term of every residential tenancy agreement that:

(a)  the tenant may, with the prior consent of the landlord, assign the whole or part of the tenant’s interest under the agreement or sub-let the residential premises, and

(b)  (Repealed)

(c)  the landlord shall not make any charge for giving such a consent, other than for the landlord’s reasonable expenses in giving consent.

(2)  Despite section 133B of the Conveyancing Act 1919 or any other law, it is not an implied term of a residential tenancy agreement that the landlord shall not unreasonably withhold or refuse consent to an assignment or sub-letting referred to in subsection (1).

(3)  (Repealed)

34   Attornment (ie acknowledgement of purchaser as landlord)

A notice of the sale of residential premises subject to a residential tenancy agreement, given to a tenant by or on behalf of the landlord, that:

(a)  specifies the name of the purchaser, and

(b)  directs the tenant to pay all future rent to the purchaser,

shall be deemed to operate as an attornment as tenant to the purchaser by the tenant at the rent, and subject to the terms of the agreement, as at the date the notice is given.

35   Recognition of certain persons as tenants

(1)  A person who is occupying residential premises may:

(a)  on the death of the tenant under a residential tenancy agreement to which the premises are subject, or

(b)  if the tenant no longer occupies the premises,

      apply to the Tribunal to be recognised as a tenant under the agreement or to be joined as a party to any proceedings before the Tribunal relating to the premises, or both.

(2)  An application by a person to be recognised as a tenant may be made at the same time as any other application or during proceedings before the Tribunal or independently of any such other application or proceedings.

(3)  The Tribunal may, on application by a person under this section:

(a)  make an order recognising the person as a tenant under a residential tenancy agreement and the person shall be deemed, for the purposes of this or any other Act and of the agreement, to be a tenant under the agreement, or

(b)  make an order joining the person as a party to proceedings,

      or both.

(4)  The Tribunal may, if a person has made an application to be recognised as a tenant and if it thinks it appropriate to do so in the circumstances, make an order vesting a tenancy over the residential premises in the person on such of the terms and conditions that applied under the previous residential tenancy agreement for the premises as are in its opinion, having regard to the circumstances of the case, appropriate.