VIC: Residential Tenancies Act Section 206ZZD Assignment by a site tenant

Assignment by a site tenant (1) A site tenant must not assign a site agreement without the site owner's written consent.

(1A) In addition to subsection (1), if a Part 4A dwelling with a serious defect that is owned by a site tenant is being sold at the site occupied by the site tenant, the site owner may give consent to the assignment of the site agreement to the purchaser, subject to an undertaking that works to rectify the defect will be made to the dwelling within a reasonable time.

(1B) An undertaking referred to in subsection (1A) may be made by the vendor or the purchaser of the site dwelling.

(1C) If an undertaking referred to in subsection (1A) has been given to the site owner but the works to rectify the defect are not completed within a reasonable time, the site owner may apply to the Tribunal under section 452(3A) to seek an order

compelling the person who made the undertaking to complete the works within a reasonable time. (1D) A site owner may reasonably refuse consent under subsection (1A) if— (a) the Part 4A dwelling being sold has a serious defect; and (b) no undertaking has been given to the site owner to rectify the defect. (2) A site owner must not unreasonably withhold consent to the assignment of a site agreement. (2A) For the purposes of subsection (2), it is unreasonable to withhold consent on the basis of an attribute set out in section 6 of the Equal Opportunity Act 2010. Note Section 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the site owner or that person's agent in contravention of this section. (3) An assignment of a site agreement without the site owner's consent is invalid unless the Tribunal has determined that consent is not required.