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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 13 December 2017 at 18:20)
Part 4 Section 75
75   Consent to transfer of tenancy or sub-letting
(1) No requirement for reasonable refusal for whole transfer or sub-letting The landlord may withhold consent to a transfer or sub-letting relating to the whole tenancy or residential premises whether or not it is reasonable to do so.
(2) Consent must not be unreasonably withheld for partial transfer or sub-letting The landlord must not unreasonably withhold consent to a transfer of a tenancy or sub-letting of premises if the transfer results only in one or more tenants in addition to an original tenant under the residential tenancy agreement or the partial sub-letting of the residential premises occupied by the tenant.
(3)  Without limiting subsection (2), the landlord is entitled to withhold consent if:
(a)  the number of proposed occupants is more than the number permitted by the residential tenancy agreement or any applicable consent or approval under the Environmental Planning and Assessment Act 1979, or
(b)  the proposed tenant or sub-tenant is listed on a residential tenancy database in accordance with this Act, or
(c)  the landlord is reasonably of the opinion that the transfer or sub-letting would result in the residential premises being overcrowded.
(4)  Subsections (1)–(3) are terms of every residential tenancy agreement. Subsections (2) and (3) do not apply if the landlord is a social housing provider.
(5) Remedy if landlord refuses consent The Tribunal may, on application by a tenant, order that the tenant may transfer a tenancy or sub-let residential premises as referred to in subsection (2) if the Tribunal is of the opinion that the landlord’s failure to consent is unreasonable.