[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

RESIDENTIAL TENANCY AGREEMENT INCLUDES PROHIBITED TERM – 
RENT REDUCTION OR REBATE OF RENT

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

This agreement contained a term stating that if I do not breach the agreement: 
•	[the rent I pay to the [landlord/landlord’s agent] will be reduced] 
•	[I will or may be paid a rebate of rent or other benefit.]
 
I draw your attention to section 19 of the Residential Tenancies Act (NSW) 2010 (“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:
 (e) that, if the tenant does not breach the agreement, the rent is or may be reduced or the tenant is to be or may be paid a rebate of rent or other benefit”.

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]