[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

RESIDENTIAL TENANCY AGREEMENT INCLUDES PROHIBITED TERM –[LANDLORD / AGENT] EXEMPTED FROM LIABILITY

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

This agreement contained a term exempting the [landlord/landlord’s agent] from liability for any act or omission in breach of that agreement.
 
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:
(c)  exempting the landlord from liability for any act or omission by the landlord, the landlord’s agent or any person acting on behalf of the landlord or landlord’s agent”.

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/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]