Residential Tenancies Act 1986

44 Subletting or parting with possession by tenant

(1)

There may be included in a tenancy agreement a provision that expressly and unconditionally prohibits the tenant from subletting or parting with possession of the premises during the term of the tenancy.

(2)

In the absence of such a provision, the tenant may at any time during the tenancy sublet or otherwise part with possession of the premises with the prior written consent of the landlord and in accordance with any conditions attached to that consent by the landlord.

(2A)

A tenant commits an unlawful act if he or she sublets or otherwise parts with possession of the premises—

(a)

in contravention of a provision of the kind described in subsection (1); or

(b)

in any other case, without the prior written consent of the landlord.

(3)

The landlord shall not withhold that consent unreasonably, nor attach any unreasonable conditions to it.

(4)

Without limiting subsection (3), a landlord’s consent shall be taken to have been withheld unreasonably if the withholding of the consent is an unlawful act under section 12 (discrimination to be unlawful act).

(5)

Nothing in this section applies to the assignment of a tenancy by a tenant (see sections 43A to 43C).

(6)

[Repealed]

Compare: 1952 No 51 s 110; 1965 No 16 s 3; 1975 No 36 s 9(1); Residential Tenancies Act 1978–1981 s 52 (SA)

Section 44 heading: amended, on 11 February 2021, by section 25(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 44 heading: amended, on 1 October 2010, by section 28(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 44(1): amended, on 11 February 2021, by section 25(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 44(2): amended, on 11 February 2021, by section 25(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 44(2): amended, on 1 October 2010, by section 28(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 44(2A): inserted, on 1 October 2010, by section 28(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 44(2A): amended, on 11 February 2021, by section 25(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 44(4): replaced, on 1 May 1996, by section 5(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 44(4): amended, on 11 February 2021, by section 25(5) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 44(5): replaced, on 11 February 2021, by section 25(6) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 44(6): repealed, on 11 February 2021, by section 25(6) of the Residential Tenancies Amendment Act 2020 (2020 No 59).