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.