Defending an Eviction - Retaliatory Applications

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Under s 57 if you have evidence that the landlord or agent is trying to evict you because you have taken some action to determine and/or assert your rights, you will need to show evidence of the action you took (e.g. details of complaints, statements from complaint or advice bodies).

If the tribunal is satisfied on your evidence, the landlord will then need to persuade the tribunal that seeking your eviction was not in retaliation against you for taking this action. If not persuaded, the tribunal must refuse to make a TPO.

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Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from