Residential Tenancies Act 1997

This section applies if—

an existing tenant has made a consent application for a new person to become a co-tenant under a residential tenancy agreement; and

the lessor has refused consent under section 35C; and

no other existing tenant has refused consent under section 35C.

The existing tenant may apply to the ACAT for a declaration under section 35G (1) (c) (i) that the lessor’s refusal to consent was unreasonable (a declaration application).

If the existing tenant makes a declaration application—

the new person becomes a co-tenant under the residential tenancy agreement on the day the application is made; and

the agreement continues with the new person becoming a co‑tenant with the existing tenants; and

the existing tenants must give the new person a copy of the condition report for the premises not later than the day after they become a co-tenant.

Note The ACAT may subsequently order that the new person stop being a co‑tenant under the residential tenancy agreement (see s 35G (1) (c) (ii)).

The lessor may make an application to the ACAT for an order under section 35G (1) (c) (ii) that the new person stop being a co-tenant under the residential tenancy agreement if—

the existing tenant has made a declaration application; and

the declaration application is—

discontinued by the applicant; or

otherwise not yet decided by the ACAT.

If the ACAT makes an order mentioned in section 35G (1) (c) (ii)—

the new person—

stops being a party to the residential tenancy agreement on the day the order is made; and

must leave the premises the subject of the residential tenancy agreement within 21 days after the order is made; and

the agreement continues between the lessor and the remaining co-tenants; and

the new person’s rights and obligations under the agreement end; and

section 35B applies to the new person as if the new person had stopped being a party to the agreement under section 35A.

In this section:

consent application—see section 35C (4) (a).

existing tenant—see section 35C (1) (a).

new person—see section 35C (1) (a).