Div 12Assignment and sub-letting

Division 12—Assignment and sub-letting 74—Assignment and sub-letting by tenant (1) A tenant under a residential tenancy agreement must not assign or sub‑let the whole or any part of the premises without the landlord's written consent. (2) A landlord must not unreasonably withhold consent to the assignment or sub‑letting of the whole or any part of the premises. (3) For the purposes of subsection (2), it is unreasonable to withhold consent if the basis for doing so would constitute discrimination under the Equal Opportunity Act 1984. (4) For the purposes of subsection (2), it is not unreasonable for a landlord who is a community housing provider registered under the Community Housing Providers National Law to withhold consent if the person to whom the premises, or part of the premises, is to be sub‑let does not meet the eligibility requirements for the community housing or any membership or other requirements of the provider associated with the occupation of those premises. (5) An assignment or sub‑letting of the whole or any part of the premises without the landlord's consent is invalid unless the Tribunal has determined that consent is not required. 74A—Tenant may apply to Tribunal (1) If a tenant under a residential tenancy agreement believes that the landlord unreasonably withheld their consent to the assignment or sub‑letting of the whole or part of the premises, the tenant may apply to the Tribunal for a determination that the consent is not required. (2) If, after giving each party an opportunity to be heard, the Tribunal determines that consent is not required, the assignment or sub‑letting may proceed without the landlord's consent. 74B—Landlord cannot demand or receive fee for giving consent (1) A landlord under a residential tenancy agreement must not— (a) demand or receive a fee or payment for giving consent to the assignment or sub‑letting of premises; or (b) refuse to consent to an assignment or sub‑letting of premises on the ground that the tenant has refused to pay a fee or amount for the consent. (2) If the tenant under a residential tenancy agreement has paid the landlord a fee or amount for the consent to an assignment or sub-letting, the tenant may apply to the Tribunal for an order that the landlord refund to the tenant the amount of the payment. (3) This section does not prevent a landlord from requiring a tenant to bear any reasonable expenses that are reasonably incurred by the landlord because of the assignment or sub‑letting of premises.