South Australian Consolidated Acts

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LANDLORD AND TENANT ACT 1936 - SECT 64

64—Right of tenant to assign or sublet

        (1)         It shall be a term of every commercial tenancy agreement that the tenant has the right, subject to the consent of the landlord, to assign his rights arising under the commercial tenancy agreement or to sublet the premises subject to the agreement and that the landlord will not—

            (a)         unreasonably withhold his consent; or

            (b)         make any charge for giving his consent other than his reasonable incidental expenses.

        (2)         Where in any proceedings the question arises as to whether or not the landlord unreasonably withheld a consent referred to in this section, the burden shall be on the landlord to prove that he has not unreasonably withheld his consent.



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