Australian Capital Territory Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 128

Purported co-tenancy, assignment or subletting

    (1)     This section applies if, in contravention of this Act, a tenant under a residential tenancy agreement for premises purports to—

        (a)     consent to a person becoming a co-tenant under the agreement; or

        (b)     assign the tenant's interest under the agreement; or

        (c)     sublet the premises.

    (2)     The purported co-tenancy, assignment or subletting is unenforceable and the person living in premises under the purported co-tenancy, assignment or subletting, does so as a licensee only.

    (3)     Subsection (2) does not apply to a co-tenancy, assignment or subletting of premises in accordance with a term of the residential tenancy agreement endorsed by the ACAT.



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