• Specific Year
    Any

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).