Section 54 — Residential Tenancies Act 1986: Tribunal may declare retaliatory notice of no effect

54 Tribunal may declare retaliatory notice of no effect (1) Within 14 working days after receipt of a notice terminating the tenancy, being a notice that complies with the requirements of section 51 of this Act, 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. Compare: Residential Tenancies Act, 1978-1981 (South Australia),

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