s.95 — Assignment of tenancy

95 (1) Subject to subsections (2), (3) and (6), and with the consent of the landlord, a tenant may assign a rental unit to another person. (2) If a tenant asks a landlord to consent to an assignment of a rental unit, the landlord may, (a) consent to the assignment of the rental unit; or (b) refuse consent to the assignment of the rental unit. (3) If a tenant asks a landlord to consent to the assignment of the rental unit to a potential assignee, the landlord may, (a) consent to the assignment of the rental unit to the potential assignee; (b) refuse consent to the assignment of the rental unit to the potential assignee; or (c) refuse consent to the assignment of the rental unit. (4) A tenant may give the landlord a notice of termination under section 96 within 30 days after the date a request is made if, (a) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent; (b) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord does not respond within seven days after the request is made; (c) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord refuses consent to the assignment under clause (3) (c); or (d) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord does not respond within seven days after the request is made. (5) A landlord shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee under clause (3) (b). (6) Subject to subsection (5), a landlord who has given consent to an assignment of a rental unit under clause (2) (a) may subsequently refuse consent to an assignment of the rental unit to a potential assignee under clause (3) (b). (7) A landlord may charge a tenant only for the landlord’s reasonable out-of-pocket expenses incurred in giving consent to an assignment to a potential assignee. (8) If a tenant has assigned a rental unit to another person, the tenancy agreement continues to apply on the same terms and conditions and, (a) the assignee is liable to the landlord for any breach of the tenant’s obligations and may enforce against the landlord any of the landlord’s obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period after the assignment, whether or not the breach or obligation also related to a period before the assignment; (b) the former tenant is liable to the landlord for any breach of the tenant’s obligations and may enforce against the landlord any of the landlord’s obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period before the assignment; (c) if the former tenant has started a proceeding under this Act before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding. (9) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent’s premises.