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Residential Tenancies Act 1999
78Assignment or sublease of premises permitted with consent
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78 Assignment or sublease of premises permitted with consent
(1) Subject to this Part, it is a term of a tenancy agreement that the
tenant may assign the tenant's interest in the agreement or sublet
the premises to a person with the oral or written consent of the
(2) It is a term of a tenancy agreement that the tenant must not assign
the tenant's interest in the agreement or sublet the premises unless:
(a) the landlord gives his or her written consent; or
(b) the landlord is to be taken under section 79 to have consented
to the assignment.
(3) If the landlord consents or is to be taken to consent to an
assignment or a subletting after the assignment or subletting
occurs, the tenant is not to be taken to be or to have been in breach
of subsection (2).