RESIDENTIAL TENANCIES ACT 1997 - SECT 35D Co-tenancy on application to ACAT
RESIDENTIAL TENANCIES ACT 1997 - SECT 35D
Co-tenancy on application to ACAT(1) This section applies if—
(a) an existing tenant has made a consent application for a new person to become a co-tenant under a residential tenancy agreement; and
(b) the lessor has refused consent under section 35C; and
(c) no other existing tenant has refused consent under section 35C.
(2) The existing tenant may apply to the ACAT for a declaration under section 35G (1) (c) (i) that the lessor's refusal to consent was unreasonable (a declaration application ).
(3) If the existing tenant makes a declaration application—
(a) the new person becomes a co-tenant under the residential tenancy agreement on the day the application is made; and
(b) the agreement continues with the new person becoming a co-tenant with the existing tenants; and
(c) the existing tenants must give the new person a copy of the condition report for the premises not later than the day after they become a co-tenant.
Note The ACAT may subsequently order that the new person stop being a co-tenant under the residential tenancy agreement (see s 35G (1) (c) (ii)).
(4) The lessor may make an application to the ACAT for an order under section 35G (1) (c) (ii) that the new person stop being a co-tenant under the residential tenancy agreement if—
(a) the existing tenant has made a declaration application; and
(b) the declaration application is—
(i) discontinued by the applicant; or
(ii) otherwise not yet decided by the ACAT.
(5) If the ACAT makes an order mentioned in section 35G (1) (c) (ii)—
(a) the new person—
(i) stops being a party to the residential tenancy agreement on the day the order is made; and
(ii) must leave the premises the subject of the residential tenancy agreement within 21 days after the order is made; and
(b) the agreement continues between the lessor and the remaining co-tenants; and
(c) the new person's rights and obligations under the agreement end; and
(d) section 35B applies to the new person as if the new person had stopped being a party to the agreement under section 35A.
(6) In this section:
"consent application"—see section 35C (4) (a).
"existing tenant"—see section 35C (1) (a).
"new person"—see section 35C (1) (a).