Residential Tenancies Act 2010 No 42
Current version for 4 July 2014 to date (accessed 27 November 2014 at 19:11)
Part 5Division 6Section 115

115   Retaliatory evictions

(1)  The Tribunal may, on application by a tenant or when considering an application for a termination order or in relation to a termination notice:
(a)  declare that a termination notice has no effect, or
(b)  refuse to make a termination order,
if it is satisfied that a termination notice given or application made by the landlord was a retaliatory notice or a retaliatory application.
(2)  The Tribunal may find that a termination notice is a retaliatory notice or that an application is a retaliatory application if it is satisfied that the landlord was wholly or partly motivated to give the notice or make the application for any of the following reasons:
(a)  the tenant had applied or proposed to apply to the Tribunal for an order,
(b)  the tenant had taken or proposed to take any other action to enforce a right of the tenant under the residential tenancy agreement, this Act or any other law,
(c)  an order of the Tribunal was in force in relation to the landlord and tenant.
(3)  A tenant may make an application to the Tribunal for a declaration under this section before the termination date and within the period prescribed by the regulations after the termination notice is given to the tenant.
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