Residential Tenancies Act 2004

Effect of assignment of Part 4 tenancy.

38

38.—(1) If a Part 4 tenancy is assigned by the tenant with the consent of the landlord then if the assignment is—

( a) to a person, other than a sub-tenant of the dwelling concerned, the assignment shall operate to convert the Part 4 tenancy of the dwelling into a periodic tenancy of the dwelling and the protection provided by section 28 for the assignor shall accordingly cease (but without prejudice to that section's fresh application in relation to the assignee should the circumstances mentioned in that section occur),

( b) to a sub-tenant of the dwelling concerned, the protection provided by section 28 for the assignor shall cease (but without prejudice to the Part 4 tenancy's continued subsistence as provided for in subsection (2)).

(2) If the assignment is to a sub-tenant of the dwelling concerned, the Part 4 tenancy shall continue in being (but in favour of that person and not the assignor) for the period that it would have continued in being had the assignment not been made and subject to the provisions of this Chapter; accordingly—

( a) the assignee shall become the tenant of the landlord under the Part 4 tenancy,

( b) the terms of the Part 4 tenancy shall continue to be those under which the assignor held the tenancy immediately before the assignment unless the assignee and the landlord agree to a variation of them, and

( c) the assignee's sub-tenancy of the dwelling shall merge with the Part 4 tenancy.

(3) Subsection (2)(c) does not affect the liabilities (if any) of the assignee to the assignor (or of the assignor to the assignee) that have arisen by virtue of the sub-tenancy concerned.

(4) The assignment of a Part 4 tenancy with respect to only part of the dwelling, the subject of the tenancy, is prohibited.

(5) Any such assignment purported to be made is void.