A tenant asks to sublet their unit for the summer, or to assign the lease to someone else. Your instinct may be to say no, but in BC, the Residential Tenancy Act does not always let landlords refuse just because they prefer not to deal with it.

If the tenancy is a fixed term with six months or more remaining, you cannot unreasonably withhold consent to a sublet or assignment. That means your decision needs to be tied to the proposed replacement tenant's ability to meet the tenancy terms, not a general preference, a higher rent opportunity, or inconvenience.

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TL;DR

A tenant asking to sublet or assign their unit is not something a BC landlord can simply refuse because they would rather not deal with it. If six or more months remain on a fixed term lease, the Residential Tenancy Act requires a real, tenancy related reason before you say no, such as a failed credit check or a lease conflict. You cannot charge a fee to consider the request, and refusing without a documented reason can end with the Residential Tenancy Branch ordering you to consent anyway.

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Table of Contents

• Sublet vs. Assignment
• When You Can Refuse
• What Does Not Justify Refusal
• What You Cannot Do
• How to Handle the Request
• If There Is a Dispute
• FAQ

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Key Takeaways

• If six or more months remain on a fixed term tenancy, you cannot unreasonably refuse a sublet or assignment request.
• Reasonable grounds are tied to the proposed tenant's ability to meet the lease, such as a failed credit or reference check, no verifiable income, or a clear lease conflict.
• You cannot charge any fee for considering, investigating, or consenting to a sublet or assignment request.
• Respond in writing and keep records. If you ignore the request, the tenant can apply for dispute resolution and argue that your refusal was unreasonable.

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Sublet vs. Assignment

A sublet is temporary. The original tenant moves out for a period of time but keeps an interest in the tenancy and remains responsible to the landlord under the original agreement. The original tenant also becomes the subtenant's landlord for the duration of the sublease.

An assignment is permanent. The original tenant leaves for good and transfers the tenancy agreement to a new tenant, who takes over the rights and responsibilities of the original tenancy. If the original agreement has a no pet clause, for example, that clause still applies after the assignment unless the landlord and new tenant agree otherwise.

Under section 34 of the Residential Tenancy Act, a tenant must have the landlord's written consent before subletting or assigning, unless the tenancy agreement allows it or the Residential Tenancy Branch orders otherwise. If a tenant does it without written consent, the landlord may be able to end the tenancy with a One Month Notice to End Tenancy. Before it gets to that stage, it helps to already have a lease that holds up. Our guide on why generic lease agreements fail in BC covers the clauses worth tightening up.

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When You Can Refuse

If the tenancy is fixed term and has less than six months remaining, the statute does not give the tenant the same protection against an unreasonable refusal. In practice, landlords have more discretion in that situation, but it is still smart to document the reason for any refusal.

For month to month tenancies, BC's legislation does not set out the same express rule. In practice, these requests are more fact specific, and landlords should treat them as a grey area rather than assuming they can always refuse without consequence.

A refusal is usually easier to justify when the proposed tenant appears unlikely to meet the tenancy terms, for example because they fail a credit check, cannot verify income, have poor rental references, or would clearly violate a lease condition. The province also confirms that landlords may request credit or reference information from a proposed new tenant, the same way you would for any new applicant. Our guide on how to screen tenants in BC walks through the same checks. See the Province of BC's guidance on subletting and assigning a tenancy for the full policy position.

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What Does Not Justify Refusal

A refusal is much harder to defend if it is based on personal preference, a desire to re-rent at a higher price, or simple inconvenience. If the real issue is that the proposed tenant is not acceptable, the safer approach is to point to concrete screening concerns rather than a vague dislike of the request.

You also should not treat silence as a strategy. BC's guidance encourages written communication, and if you fail to respond, the tenant may argue that you acted unreasonably or delayed the process unfairly.

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What You Cannot Do

You cannot charge a tenant anything for considering, investigating, or consenting to an assignment or sublease. That means no administrative fee, no processing fee, and no consent charge of any kind.

You also should not refuse without keeping a record of why. If the tenant disputes your decision, your paper trail will matter more than your memory of the conversation.

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How to Handle the Request

1. Ask for the request in writing.
2. Ask for a completed application from the proposed subtenant or assignee.
3. Request credit and reference information, just as you would for a new applicant.
4. Review the information promptly and respond in writing.
5. If you refuse, explain the specific reason tied to the tenancy terms and keep the documents.

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If There Is a Dispute

If the tenant believes you unreasonably refused, they can apply for dispute resolution through the Residential Tenancy Branch. If the arbitrator agrees the refusal was unreasonable, the RTB can order consent.

That is why the best refusals are not emotional or vague. They are specific, documented, and connected to an actual tenancy concern. If a sublet dispute is part of a bigger pattern of tenancy issues, our breakdown of what the eviction process actually looks like in BC covers what happens when a disagreement escalates that far.

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FAQ

Can a BC landlord refuse a sublet request?

Yes, but not unreasonably if the tenancy is fixed term and six or more months remain. The landlord can also refuse if the proposed tenant is unlikely to meet the tenancy terms, for example due to a failed credit or reference check.

What counts as reasonable grounds to refuse a sublet or assignment in BC?

Reasonable grounds generally mean evidence the proposed new tenant would not be able to meet the terms of the tenancy agreement, such as a failed credit check, no verifiable income, a history of evictions, or a clear conflict with an existing lease term like a no pet policy. A general preference for a different tenant or a higher rent is not considered reasonable.

Can a landlord charge a fee to approve a sublet or assignment in BC?

No. The Residential Tenancy Act prohibits landlords from charging a tenant anything to consider, investigate, or consent to a sublet or assignment request.

What happens if a tenant sublets or assigns without my consent?

You can serve a One Month Notice to End Tenancy (form RTB-33) for cause under section 47(1)(i) of the Residential Tenancy Act. If the tenant disputes the notice, an arbitrator will decide whether an actual sublet or assignment occurred.

What can a tenant do if a landlord refuses unreasonably?

The tenant can apply to the Residential Tenancy Branch for an order under section 65(1)(g) of the Act requiring the landlord to consent to the sublet or assignment. An unreasonable refusal can also undermine the landlord's ability to later claim compensation for lost rent, since it may be treated as a failure to mitigate losses.

Is the six month rule different for a month to month tenancy in BC?

Yes. The Act's six month protection applies specifically to fixed term tenancies. For month to month tenancies, the Act is silent, and arbitrators have generally allowed landlords more discretion to refuse unless the tenant shows a compelling reason to approve the request.