QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.238Tenant’s action subject to lessor’s qualified discretion
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### sec.238 Tenant’s action subject to lessor’s qualified discretion
This section applies to an agreement only if section 237 does not apply to the agreement.
The tenant may transfer all or a part of the tenant’s interest under the agreement, or sublet the premises, only if—
the lessor agrees in writing to the transfer or subletting; or
the transfer or subletting is made under an order of a tribunal.
The lessor must act reasonably in failing to agree to the transfer or subletting.
The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.
(sec.238-ssec.1) This section applies to an agreement only if section 237 does not apply to the agreement.
(sec.238-ssec.2) The tenant may transfer all or a part of the tenant’s interest under the agreement, or sublet the premises, only if— the lessor agrees in writing to the transfer or subletting; or the transfer or subletting is made under an order of a tribunal.
(sec.238-ssec.3) The lessor must act reasonably in failing to agree to the transfer or subletting.
(sec.238-ssec.4) The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.
- (a) the lessor agrees in writing to the transfer or subletting; or
- (b) the transfer or subletting is made under an order of a tribunal.