Right of tenant to assign or sub‑let
49 Right of tenant to assign or sub‑let
A residential tenancy agreement may provide that the tenant —
may assign the tenant’s interest under the agreement or sub‑let the premises; or
shall not assign the tenant’s interest under the agreement or sub‑let the premises; or
may assign the tenant’s interest under the agreement or sub‑let the premises only with the written consent of the lessor.
Where a residential tenancy agreement makes or is deemed to make the provision described in subsection (1)(c), it is a term of the agreement —
that the lessor shall not unreasonably withhold such consent; and
that the lessor shall not make any charge for giving such consent other than the lessor’s reasonable expenses incidental thereto.
Where a residential tenancy agreement does not make any of the provisions described in subsection (1), the agreement shall be deemed to contain the provision described in subsection (1)(c).
[Section 49 amended: No. 60 of 2011 s. 45, 88 and 89.]
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