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RESIDENTIAL TENANCY ACT 1997 - SECT 49A Transfer of residential tenancy agreement

RESIDENTIAL TENANCY ACT 1997 - SECT 49A

Transfer of residential tenancy agreement

(1)  The tenant is not to transfer his or her rights and obligations under a residential tenancy agreement without the consent of the owner of the premises.
(2)  An agreement to transfer the rights and obligations of a tenant under a residential tenancy agreement in contravention of subsection (1) is invalid.
(3)  If, under this section, a tenant transfers his or her rights and obligations under a residential tenancy agreement –
(a) the transferee –
(i) becomes the tenant for the purposes of this Act; and
(ii) is taken to be the tenant under the residential tenancy agreement for the purposes of this Act; and
(b) the transferor is no longer the tenant for the purposes of this Act.
(4)  The owner, transferor and transferee are to –
(a) each sign a document recording the transfer of the rights and obligations under a residential tenancy agreement and the date the transfer took place; and
(b) each receive a copy of the signed and dated record of the transfer for his or her records.
(5)  Failure to comply with subsection (4) does not affect the validity of a transfer under this section of rights and obligations under a residential tenancy agreement.