[Your name and address]

[Date]

[Landlord’s or agent’s name and address]

Dear …

Re: Holding fee for [residential address]

I write concerning the holding fee of $[amount] I paid to you on [date] for the above premises. On [date] I informed you that I would not be entering into the tenancy due to your failure to disclose [the proposal to sell the premises]. 

As of [date] I have not received back the holding fee. I note section 24(5) of the Residential Tenancies Act 2010 states that: 

“a holding fee must not be retained by the landlord if the tenant refuses to enter the agreement because of a misrepresentation or failure to disclose a material fact by the landlord or the landlord’s agent.”

A breach of section 24 of the Act is an offence punishable by a fine of up to $2200.

Please send me a cheque for $[amount] within 14 days. If you do not, I will apply to the NSW Civil and Administrative Tribunal for an order that you reimburse me for the holding fee. I hope we can resolve this matter without going to the Tribunal.

Yours sincerely

[T Tenant]