[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

RESIDENTIAL TENANCY AGREEMENT INCLUDES PROHIBITED TERM – TENANT REQUIRED TO INSURE PREMISES

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

This agreement contained a term requiring me to obtain [type of insurance] for the premises.

I draw your attention to section 19 of the Residential Tenancies Act 2010 (NSW) (“the Act”), which states:

“(1) A residential tenancy agreement must not contain a term of a kind set out in this section or prescribed by the regulations for the purposes of this section.
(2) Terms having the following effects must not be included in a residential tenancy agreement:
(b)	 that the tenant must take out a specified, or any, form of insurance”.

Section 22 of the Act provides that a breach of the above section is an offence punishable by a fine of up to $2200.

I have attached a copy of my residential tenancy agreement.

I ask that Fair Trading investigate this breach of the Act and prosecute the landlord 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]