Section 75 — Residential Tenancies Act 2010 (NSW)

(1) The landlord may withhold consent to a transfer or sub-letting relating to the whole tenancy or residential premises whether or not it is reasonable to do so.
(2) The landlord must not unreasonably withhold consent to a transfer of a tenancy or sub-letting of premises if the transfer results only in one or more tenants in addition to an original tenant under the residential tenancy agreement or the partial sub-letting of the residential premises occupied by the tenant.
(3) Without limiting subsection (2), the landlord is entitled to withhold consent if—
(a) the number of proposed occupants is more than the number permitted by the residential tenancy agreement or any applicable consent or approval under the Environmental Planning and Assessment Act 1979, or
(b) the proposed tenant or sub-tenant is listed on a residential tenancy database in accordance with this Act, or
(c) the landlord is reasonably of the opinion that the transfer or sub-letting would result in the residential premises being overcrowded.
(4) Subsections (1)–(3) are terms of every residential tenancy agreement. Subsections (2) and (3) do not apply if the landlord is a social housing provider.
(5) The Tribunal may, on application by a tenant, order that the tenant may transfer a tenancy or sub-let residential premises as referred to in subsection (2) if the Tribunal is of the opinion that the landlord’s failure to consent is unreasonable.

Related sections

• s 73H — Advertising
• s 73I — Effect of consent
• s 74 — Transfer of tenancy or sub-letting by tenant
• s 76 — Notice of sale of residential premises by landlord
• s 77 — Recognition of certain persons as tenants
• s 78 — Death of co-tenant

Research how courts apply s 75

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.