49Subletting

49 Subletting

(1)  [Section 49 Subsection (1) substituted by No. 33 of 2010, s. 12, Applied:03 Dec 2010] The tenant is not to sublet residential premises –

(a) without the consent of the owner of the premises; and

(b) [Section 49 Subsection (1) amended by No. 35 of 2011, s. 9, Applied:01 Jan 2012] unless the tenant –

(i) is also an occupier of the premises; or

(ii) sublets the premises to one of his or her employees.

(1AA)  [Section 49 Subsection (1AA) inserted by No. 6 of 2016, s. 61, Applied:13 May 2016] Subsection (1)(b)(i) does not apply in relation to the subletting of premises by a tenant if the tenant is –

(a) a social housing provider; or

(b) [Section 49 Subsection (1AA) amended by No. 26 of 2022, s. 38, Applied:01 Dec 2022] Homes Tasmania.

(1A)  [Section 49 Subsection (1A) inserted by No. 33 of 2010, s. 12, Applied:03 Dec 2010] An agreement to sublet residential premises in contravention of subsection (1) is invalid.

(2)  If a tenant sublets residential premises –

(a) the residential tenancy agreement relating to the premises continues in force as if the tenant had not sublet the premises; and

(b) the tenant is liable for any act done or omitted to be done by the sublessee in relation to that agreement.