New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 75

75 Consent to transfer of tenancy or sub-letting

(1) No requirement for reasonable refusal for whole transfer or sub-letting The landlord may withhold consent to a transfer or sub-letting relating to the whole tenancy or residential premises whether or not it is reasonable to do so.

(2) Consent must not be unreasonably withheld for partial transfer or sub-letting The landlord must not unreasonably withhold consent to a transfer of a tenancy or sub-letting of premises if the transfer results only in one or more tenants in addition to an original tenant under the residential tenancy agreement or the partial sub-letting of the residential premises occupied by the tenant.

(3) Without limiting subsection (2), the landlord is entitled to withhold consent if--

(a) the number of proposed occupants is more than the number permitted by the residential tenancy agreement or any applicable consent or approval under the Environmental Planning and Assessment Act 1979 , or

(b) the proposed tenant or sub-tenant is listed on a residential tenancy database in accordance with this Act, or

(c) the landlord is reasonably of the opinion that the transfer or sub-letting would result in the residential premises being overcrowded.

(4) Subsections (1)-(3) are terms of every residential tenancy agreement. Subsections (2) and (3) do not apply if the landlord is a social housing provider.

(5) Remedy if landlord refuses consent The Tribunal may, on application by a tenant, order that the tenant may transfer a tenancy or sub-let residential premises as referred to in subsection (2) if the Tribunal is of the opinion that the landlord's failure to consent is unreasonable.