Residential Tenancies Act 1986

54 Tribunal may declare retaliatory notice of no effect

(1)

Within 28 working days after receipt of a notice terminating the tenancy, being a notice that complies with the requirements of section 51 (or, in the case of a boarding house tenancy, section 66U), the tenant may apply to the Tribunal for an order declaring that the notice is of no effect on the ground that, in giving the notice, the landlord was motivated wholly or partly by the exercise or proposed exercise by the tenant of any right, power, authority, or remedy conferred on the tenant by the tenancy agreement or by this or any other Act or any complaint by the tenant against the landlord relating to the tenancy.

(2)

If, on any such application, the Tribunal is satisfied that the landlord was so motivated in giving the notice, it shall declare the notice to be of no effect unless the Tribunal is satisfied that the purported exercise by the tenant of any such right, power, authority, or remedy, or the making by the tenant of any such complaint, was or would be vexatious or frivolous to such an extent that the landlord was justified in giving the notice.

(3)

The giving of a notice terminating a tenancy is an unlawful act if the notice is declared under subsection (2) to be of no effect.

Compare: Residential Tenancies Act 1978–1981 ss 66 (SA)

Section 54(1): amended, on 1 July 2016, by section 16(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 54(1): amended, on 1 October 2010, by section 36 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 54(3): inserted, on 1 July 2016, by section 16(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).