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s 128

Purported co-tenancy, assignment or subletting

In force
Part 9Miscellaneous

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.

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