New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 41

41 Right to assign rights and obligations or to sub-let

(cf RT Act s 33 and cl 4 of Sch 3)

(1) It is a term of every residential tenancy agreement that:

(a) the resident may, with the prior consent of the park owner, assign the whole or part of the resident’s rights and obligations under the agreement or sub-let the residential premises, and

(b) the park owner must not make any charge for giving such a consent, other than for the park owner’s reasonable expenses in giving consent.

(2) Despite section 133B of the Conveyancing Act 1919 or any other law, it is not a term of a residential tenancy agreement that the park owner must not unreasonably withhold or refuse consent to an assignment or sub-letting referred to in subsection (1).

(3) It is, however, a term of every residential site agreement that the park owner may not unreasonably withhold or refuse consent to an assignment or sub-letting referred to in subsection (1).

(4) Without limiting the operation of subsection (3), it is not unreasonable for a park owner to withhold or refuse consent to the assignment of a residential site agreement or the sub-letting of a residential site under such an agreement:

(a) on grounds that would allow the park owner to give a notice of termination of the agreement to the resident under section 101, or

(b) on the ground that the residential site is within a Crown reserve and is to be used for a public purpose other than a residential site.

(5) An instrument of assignment may be in the form prescribed by the regulations.