115Retaliatory evictions

#### 115 Retaliatory evictions 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.