Rent Restrictions (Amendment) Act, 1967

Restriction on assignment.

10.—(1) This section applies to a controlled dwelling other than a dwelling lawfully used in part for the purposes of any business, trade or profession.

(2) (a) The tenant of a controlled dwelling to which this section applies shall not assign the tenancy without the consent in writing of the landlord unless the contract of tenancy is in writing and contains a provision authorising assignment without the consent of the landlord.

(b) Consent for the purposes of this subsection may be withheld only if the assignment is otherwise than to a member of the tenant's family who is bona fide residing with him at the time of the assignment.

(3) An assignment in contravention of subsection (2) of this section shall be void.

(4) Paragraphs (a) to (d) of section 31 (5) of the Principal Act shall apply in construing the word “family” for the purposes of subsection (2) of this section.

(5) Section 56 of the Landlord and Tenant Act, 1931 , shall not apply to a lease of a controlled dwelling to which this section applies.

(6) Section 32 (4) (b) of the Principal Act shall not apply to a statutory tenancy of a controlled dwelling to which this section applies.