s.82 — Tenant issues

82 (1) At a hearing of an application by a landlord under section 69 for an order terminating a tenancy and evicting a tenant based on a notice of termination under section 59, the Board shall permit the tenant to raise any issue that could be the subject of an application made by the tenant under this Act if the tenant, (a) complies with the requirements set out in subsection (2); or (b) provides an explanation satisfactory to the Board explaining why the tenant could not comply with the requirements set out in subsection (2). (2) The requirements referred to in subsection (1) are the following: 1. The tenant shall give advance notice to the landlord of the tenant’s intent to raise the issue at the hearing. 2. The notice shall be given within the time set out in the Rules. 3. The notice shall be given in writing and shall comply with the Rules. (3) If a tenant raises an issue under subsection (1), the Board may make any order in respect of the issue that it could have made had the tenant made an application under this Act. (4) This section, as it reads on the day section 16 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, applies to any hearing held after that day that relates to an application that was filed before that day.