New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 45

45 Sub-letting residential site or assignment of site agreement

(1) A home owner may, with the written consent of the operator of the community--

(a) enter into a tenancy agreement for, or otherwise sub-let, the residential site or the home located on it, or

(b) assign the site agreement.

(2) The operator must not unreasonably withhold or refuse consent for a tenancy agreement or other sub-lease that is proposed to be entered into or granted once during any 3-year period in which the site agreement has effect and is for a term of 12 months or less.

(3) The operator must not unreasonably withhold or refuse consent to the assignment of a tenancy agreement.

(4) Section 133B of the Conveyancing Act 1919 does not prevent the operator from withholding or refusing consent, for any or no reason, for a tenancy agreement or other sub-lease if it is for a term exceeding 12 months.

(5) This section has effect despite the terms of the site agreement and does not prevent the home owner from selling the home on site or from having additional occupants as contemplated by section 44.

(6) The Tribunal may, on application by the home owner or operator, make orders to settle a dispute arising under this section, including but not limited to--

(a) a dispute arising where consent was withheld or refused, and

(b) a dispute arising where the term of a tenancy agreement or other sub-lease exceeds 12 months.