RESIDENTIAL TENANCIES ACT 1997 - SECT 128 Purported co-tenancy, assignment or subletting
RESIDENTIAL TENANCIES ACT 1997 - SECT 128
Purported co-tenancy, assignment or subletting(1) This section applies if, in contravention of this Act, a tenant under a residential tenancy agreement for premises purports to—
(a) consent to a person becoming a co-tenant under the agreement; or
(b) assign the tenant's interest under the agreement; or
(c) sublet the premises.
(2) The purported co-tenancy, assignment or subletting is unenforceable and the person living in premises under the purported co-tenancy, assignment or subletting, does so as a licensee only.
(3) Subsection (2) does not apply to a co-tenancy, assignment or subletting of premises in accordance with a term of the residential tenancy agreement endorsed by the ACAT.