A tenant can transfer their lease to another person, sublet the property to someone else, or give up possession of the property, but only with the permission of the landlord.

• a landlord cannot unreasonably withhold consent or charge for consent unless the landlord has actually incurred expense in respect of the consent

When a tenant has assigned residential premises to another individual:

• the lease continues with the same terms and conditions as the new tenant

• the new tenant is responsible for any obligations that apply to the time period after they take over the lease.

• if a new tenant takes over a lease agreement, they have the right to make sure the landlord fulfills their obligations under the lease or the law, even if those obligations existed before the new tenant took over the lease.

• if the previous tenant breached any obligations under the lease or the law before the assignment of the tenancy, they are responsible for any consequences or penalties that result from that breach.

• if the former tenant fulfilled their obligations as per the lease agreement and the landlord did not fulfill their obligations, the former tenant has the right to hold the landlord accountable and demand that they fulfill their obligations, even if the lease agreement has been transferred to a new tenant.

When a tenant sublets residential premises to another person, the tenant gives that person the right to live there until a specified date.

The original tenant still has the rights of a tenant and is responsible to the landlord for any breaches of the lease or laws during the sublet.

The subtenant has the rights of a tenant and is responsible to the tenant for any breaches of their obligations under the sublet agreement, lease, or laws.

At the end of the sublet period, the subtenant must leave the premises. The sublet agreement must clearly state the date on which the sublet ends.

NS RTA s.9B