Especially if they've been found in breach of section 54 in the past. So, before worrying about any of these other theoreticals, do some searching to find out if your landlord is the type of person who's already been stung for retaliatory notice.
Here's the juice: there's nothing in section 54 that says retaliation needs to happen after you've enforced your rights. In fact, it explicitly says that the notice need only be partly motivated by the "proposed" exercise of the tenant's rights.
It might seem like a bit of a non sequitur but I bring this up because, now that the new amendments are taking effect, we're seeing a slew of spiteful landlords tossing families out onto the street because they 'might' become troublesome. What the property managers are telling me (bless their black hearts) is that they simply inform the tenants that renovations need to be done and for some reason, that excuse never seems to meet any resistance.
It's a pretty weird excuse for two reasons:
Section 59A suggests that if the landlord renders the premises uninhabitable, it's really incumbent on them to provide the tenant with some alternative. It's not a strict reading of that particular law but even outside of that, if you have a contract with someone, they can't simply end the contract without consequences, just because they have different goals now.
I know it happens. I've heard of it happening and maybe you've even seen it with your own eyes BUT how often do people actually move out of their own house, because they're renovating?
I mean, really? New kitchen tiles? Macdonald's for dinner. New shower refit? Extra deodorant for a couple of days. New toilet install? Try getting a plumber, instead of smoking some reefer and watching a DIY youtube video. This isn't rocket surgery.
Don't put up with it.
However, sometimes we need to move anyway. Maybe you can't rely on winning the fight. Maybe your landlord is a sociopath and you're tired of it. Whatever your reason, feel free to apply to the Tribunal after vacating. The exemplary damages for retaliatory notice are now $6,500. Get yourself something nice.
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