Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 239

239 Order of tribunal about transfer or subletting

(1) If the tenant believes the lessor has acted unreasonably in failing to agree to a transfer or subletting under section 238 , the tenant may apply to a tribunal for an order under this section.

(2) If, on an application made to a tribunal by the tenant, the lessor fails to satisfy the tribunal that the lessor acted reasonably in failing to agree to the transfer or subletting, the tribunal may make an order authorising the tenant to make the transfer or subletting without the lessor’s agreement.

(3) In deciding whether the lessor acted reasonably in failing to agree to the transfer or subletting, the tribunal may have regard to the following issues—

(a) the likelihood of the proposed transferee fulfilling the tenant’s obligations under the agreement;

(b) the risk of damage to the premises or inclusions.

Example of risk for subsection (3)(b)—

a risk that may arise because of a hobby or business the proposed transferee intends carrying on at the premises

(4) Subsection (3) does not limit the issues to which the tribunal may have regard.