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.