South Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1995 - SECT 74B

74B—Landlord cannot demand or receive fee for giving consent

        (1)         A landlord under a residential tenancy agreement must not—

            (a)         demand or receive a fee or payment for giving consent to the assignment or sub-letting of premises; or

            (b)         refuse to consent to an assignment or sub-letting of premises on the ground that the tenant has refused to pay a fee or amount for the consent.

Maximum penalty: $20 000.

Expiation fee: $1 200.

        (2)         If the tenant under a residential tenancy agreement has paid the landlord a fee or amount for the consent to an assignment or sub-letting, the tenant may apply to the Tribunal for an order that the landlord refund to the tenant the amount of the payment.

        (3)         This section does not prevent a landlord from requiring a tenant to bear any reasonable expenses that are reasonably incurred by the landlord because of the assignment or sub-letting of premises.



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