sch.1-sec.38General— ss 238 and 240

### sch.1-sec.38 General— ss 238 and 240 Subject to clause 39, the tenant may transfer all or a part of the tenant’s interest under this 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 the 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. The lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting. (sch.1-sec.38-ssec.1) Subject to clause 39, the tenant may transfer all or a part of the tenant’s interest under this 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 the tribunal. (sch.1-sec.38-ssec.2) The lessor must act reasonably in failing to agree to the transfer or subletting. (sch.1-sec.38-ssec.3) 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. (sch.1-sec.38-ssec.4) The lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting. - (a) the lessor agrees in writing to the transfer or subletting; or - (b) the transfer or subletting is made under an order of the tribunal.