[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

REQUIRED TO PAY CHARGE BEFORE AGREEMENT

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

[Before/When] I signed the agreement, the [landlord/landlord’s agent] asked me to pay [an] additional charge[s] of $[amount] for [type of charge] on [date]. 

I subsequently made the payment of [this] charge[s] to the [landlord/landlord’s agent] on [date]. 

I draw your attention to section 23 of the Residential Tenancies Act 2010 (NSW) (“the Act”), which states:

“(1) A person must not require or receive from a tenant, before or when the tenant enters into the residential tenancy agreement, a payment other than the following:
a)	a holding fee
b)	rent
c)	a rental bond”

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 the receipt[s] for the additional charge[s].

I ask Fair Trading to investigate this apparent breach of the Act and to 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]