[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

UNLAWFUL REPOSSESSION OF PREMISES

I signed a residential tenancy agreement for the above premises on [date].

On [date] the [landlord/landlord’s agent] entered the premises for the purpose of retaking possession, without either a warrant or a writ.

I had not abandoned the premises or given vacant possession on the date that the [landlord/landlord’s agent] entered the premises.

As a result of this repossession, I was [e.g. made homeless for x days].
 
I draw your attention to section 120 of the Residential Tenancies Act 2010 (NSW) (“the Act”), which states:

“(1) A person must not enter residential premises for the purposes of taking possession of those premises before or after the end of a residential tenancy agreement unless:
(a)  the person is acting in accordance with a warrant arising out of an order for possession of the Tribunal or a writ or warrant arising out of a judgment or order of a court, or
(b)  the tenant has abandoned the premises or given vacant possession of the premises.”.

The Act provides that a breach of the above section is an offence punishable by a fine of up to $22,000.

I have attached a copy of my residential tenancy agreement [and any other evidence].

I ask that Fair Trading investigate this breach of the Act and prosecute the [landlord/landlord’s agent] for the offence. If Fair Trading decides not to take action, I ask that I be provided with written reasons for that decision.

Please do not hesitate to contact me on [phone number] if you wish to discuss this matter.

Yours faithfully,

[Your Name]