Residential Tenancies Act 1987

In this section —

This section applies if a tenant reasonably believes the lessor took retaliatory action against the tenant after any of the following matters arose —

the tenant, or a representative entity, takes action to enforce the tenant’s rights, including, for example, by —

asking for repairs or maintenance to the premises; or

giving the lessor a notice claiming the lessor has breached the residential tenancy agreement and requiring the lessor to remedy the breach; or

requiring the lessor to reimburse the tenant for a reasonable expense properly incurred by the tenant for urgent repairs; or

applying to a competent court for an order under this Act;

the lessor or lessor’s agent knows that the tenant or a representative entity has complained to the Commissioner or another government entity about an act or omission of the lessor that adversely affected the tenant;

an order of a competent court is in force in relation to the lessor and tenant.

The tenant may apply to a competent court for relief in relation to the lessor’s action alleged by the tenant to be retaliatory action.

The court hearing the application may, if the court is satisfied the lessor’s action was likely to have been retaliatory action for a matter mentioned in subsection (2)(a), (b) or (c), make any order the court considers appropriate, including, for example —

an order setting aside the lessor’s action; and

an order that the lessor pay compensation to the tenant for loss or injury, other than personal injury, caused by the lessor’s action.