Retaliatory Eviction

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If the landlord acts to end the tenancy in response to you enforcing your legal rights, the Consumer Trader and Tenancy Tribunal may find this to be retaliatory eviction. It may declare a termination notice to have no effect and/or refuse to make a termination order.

  • If the landlord has given you a termination notice, you can apply to the Consumer Trader and Tenancy Tribunal for an order that the notice was retaliatory.

When you have a periodic agreement and get a 90-day notice, you must apply within 30 days of getting the notice. In other cases, you must apply within 14 days of getting the notice.

  • If the landlord has applied to the Consumer Trader and Tenancy Tribunal for a termination order, attend the Consumer Trader and Tenancy Tribunal hearing and argue that the application was retaliatory.

If the Consumer Trader and Tenancy Tribunal makes a termination order
The Consumer Trader and Tenancy Tribunal will consider the relative hardship to you and the landlord and specify the day on which you must give vacant possession.

If you are not out by the day specified, the landlord can get a warrant for possession from the Consumer Trader and Tenancy Tribunal and go to the Sheriff. A sheriff’s officer can remove you from the premises, with police help if needed.

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Information supplied courtesy of the Tenants Union of NSW

Further information and advice for NSW tenants can be sourced from www.tenants.org.au