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Residential Tenancies Act 1997
128Purported co-tenancy, assignment or subletting
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128 Purported co-tenancy, assignment or subletting
(1) This section applies if, in contravention of this Act, a tenant under a
residential tenancy agreement for premises purports to—
(a) consent to a person becoming a co-tenant under the agreement;
or
(b) assign the tenant’s interest under the agreement; or
(c) sublet the premises.
(2) The purported co-tenancy, assignment or subletting is unenforceable
and the person living in premises under the purported co-tenancy,
assignment or subletting, does so as a licensee only.
(3) Subsection (2) does not apply to a co-tenancy, assignment or
subletting of premises in accordance with a term of the residential
tenancy agreement endorsed by the ACAT.