Residential Tenancies Act 2004

Obligation to inform prospective sub-tenant of nature of tenancy.

185

185.—(1) A tenant of a dwelling who proposes to create in favour of any person a sub-tenancy out of the tenancy shall, before he or she—

( a) creates the sub-tenancy, or

( b) if its creation is preceded by the entering into of an agreement to create (whether the word “create” or any other word is used) such a tenancy, enters into that agreement,

inform the person of the fact that it is a sub-tenancy that will be created in the person's favour.

(2) A person who fails to comply with subsection (1) is guilty of an offence.

(3) If, in respect of the entering into of an agreement referred to in paragraph (b) of subsection (1), a failure to comply with that subsection occurs, the agreement shall not be enforceable by the tenant referred to in that subsection.