Appeal Tenancy Tribunal — tenant's rights — harassment — exemplary damages — jurisdiction — notice of termination — Residential Tenancies Act 1986, ss 38, 51, 77, 85, 96 &118. The Court heard an appeal on two separate Tenancy Tribunal applications between the same parties. The first related to the tenant's right to reasonable peace, comfort and quiet enjoyment, under s 38 of the Residential Tenancies Act and the landlord having exceeded his rights of entry under s 48 of the Act; the second related to an appeal seeking a re-hearing on the issue of tenancy termination. To the breach of quiet enjoyment, the tenant alleged the conduct of the landlord amounted to harassment. In brief, the Adjudicator observed that the landlord had sent 114 texts and 73 emails over a seven month period, amounting to written communication with the tenant almost every day of the tenancy. Further, the landlord took prospective purchasers through the property on 31 days during the seven month period. The Adjudicator had awarded the tenant a global lump sum of $2,250 as exemplary damages for the breaches of ss 38 and 48. The Judge did not order a re-hearing but did vary the award by apportioning the award to $1,500 for the breach of s 38 and $750 for the breach of s 48. The second matter related to the Tribunal's refusal to grant a re-hearing concerning claimed rent arrears. This matter turned on s 51 of the Act, Termination by Notice and the respondent's attempts to terminate the tenancy. Issues around whether notice was validly given concerned a numbering difference between the landlord's actual address and his address listed on the tenancy agreement. A first notice was given electronically and in writing which contained a number of errors, a second notice was subsequently sought, which was not received by the Landlord. The landlord claimed that where notice has been given it could only be revoked with the consent of the other party or on application to the Tribunal. The Judge allowed the appeal quashing the order, dismissing the Landlord's claim for rent arrears on the ground that the first notice was invalid, but substituting an order dismissing the claim for rent arrears on the ground that the second notice is approved pursuant to s 51(7) of the Act. Both appeals were dismissed. Judgment Date: 20 December 2018.