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Section 41: Challenge Termination of Tenancy in Court

41.Tenant or landlord may challenge termination in court

(1)A tenant or landlord may challenge a termination of the tenancy agreement in court.

(2)Where the court finds that a termination challenged under this section was not justified or is not in accordance with this Act, the court may order the reinstatement of the tenancy or award damages or such other remedy as the court considers appropriate.

(3)A tenant is liable to pay rent while he or she challenges a termination notice.

(4)A tenant or landlord who is dissatisfied with the decision of the court under subsection (2) may appeal to the appropriate court.

Plain English Summary

You have the right to challenge a termination of your tenancy agreement in court. If the court finds the termination was not justified or did not foll...

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