[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

CONTRACTING OUT OF THE RESIDENTIAL TENANCIES ACT 2010

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

This agreement includes [a term/terms] which purport[s] to exclude, limit or modify the operation of the Residential Tenancies Act 2010 (NSW) (“the Act”).

The term/s states: 

	“[text of term]”
 
I draw your attention to section 219 of the Act, which states:

“(1) A term of any residential tenancy agreement, contract or other agreement is void to the extent that it purports to exclude, limit or modify the operation of this Act or the regulations or has the effect of excluding, limiting or modifying the operation of this Act or the regulations”.

The Act provides that a breach of the above section is an offence punishable by a fine of up to $22,200.

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]