Urban Land & Housing Group – Tenant Tips – Can I Sub-Let My Property?
With the landlord’s written consent, you can, transfer your tenancy under a tenancy agreement to another person, or sub-let the premises (or part) to another person.
The landlord must not unreasonably withhold consent when you ask to transfer and one of the original tenants under the current tenancy agreement will remain as a tenant, or you ask to sub-let and you will still occupy the premises.
The landlord must not charge for giving consent other than for the reasonable costs of giving consent.
The landlord may reasonably withhold consent if:
• The number of proposed occupants is more than allowed by the tenancy agreement or planning laws
• The proposed tenant or sub-tenant is listed on a tenant database
• The landlord reasonably thinks that the premises will become overcrowded.
If the proposed transfer or sub-letting is for the whole tenancy or the whole premises, the landlord can withhold consent – whether or not it is reasonable.
When asking for consent to transfer or sub-let, write to the landlord asking for their consent to transfer or sub-let. Provide them an application that specifies by name the proposed tenant or sub-tenant. Enclose evidence that the proposed tenant/sub-tenant: E.g. a copy of a payslip, Rental Ledger or personal reference.
If the landlord withholds consent, you can apply to the Consumer, Trader and Tenancy Tribunal (CTTT) for an order that allows the transfer or sub-let. The CTTT will decide if the landlord’s withholding consent is reasonable.
You must apply to the CTTT within 3 months of becoming aware that the landlord has withheld consent.
If you have any further questions on subletting your property, please give me a call on 9672-6055.