[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

FAILURE TO PROVIDE PERSONAL INFORMATION LISTED ON TENANCY DATABASE

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

On [date] I became aware that the [landlord/landlord’s agent] had listed my personal information on a residential tenancy database operated by [name of organisation holding database information].

I was not given a copy of my personal information by the [landlord/landlord’s agent] and was not able to review or amend that information before it was listed.
 
I draw your attention to section 213 of the Residential Tenancies Act 2010 (NSW) (“the Act”), which states:

“(1) A landlord or agent of a landlord must not list personal information about a person in a residential tenancy database unless:
(a)  the landlord or agent has given the person a copy of the personal information or taken other reasonable steps to disclose the personal information to the person, and
(b)  the landlord or agent has given the person not less than 14 days to review the personal information and make submissions objecting to its entry into the database or about its accuracy, completeness and clarity, and
(c)  the landlord or agent has considered any submissions made”.

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 [and any evidence of listing].

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]