(1) A residential
tenancy agreement may provide that the tenant —
(a) may
assign the tenant’s interest under the agreement or sub-let the
premises; or
(b)
shall not assign the tenant’s interest under the agreement or sub-let
the premises; or
(c) may
assign the tenant’s interest under the agreement or sub-let the premises
only with the written consent of the lessor.
(2) Where a
residential tenancy agreement makes or is deemed to make the provision
described in subsection (1)(c), it is a term of the agreement —
(a) that
the lessor shall not unreasonably withhold such consent; and
(b) that
the lessor shall not make any charge for giving such consent other than the
lessor’s reasonable expenses incidental thereto.
(3) Where a
residential tenancy agreement does not make any of the provisions described in
subsection (1), the agreement shall be deemed to contain the provision
described in subsection (1)(c).
[Section 49 amended: No. 60 of 2011 s. 45, 88 and
89.]