Urban Land & Housing Group – Tenant Tips – What if one of my occupants on the lease wants to vacate?
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.
Write to the landlord or agent asking for their consent to transfer or sub-let. Enclose evidence that the proposed tenant/sub-tenant can pay the rent (e.g. a copy of a payslip or statement from Centrelink) and a character reference.
If you require any further information regarding the above, please call me on (02) 9672-6055