[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

APPROPRIATION OF RENT FOR PURPOSES OTHER THAN RENT

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

As required by the agreement, I paid rent of $[amount] to the [landlord/landlord’s agent] on [date]. 

On [date], the [landlord/landlord’s agent] used the rent I had paid on [date] to pay [subject matter].
 
I draw your attention to section 33(3) of the Residential Tenancies Act 2010 (NSW) (“the Act”), which states:

“A landlord, or landlord’s agent, must not knowingly appropriate rent paid by the tenant for the purpose of any amount payable by the tenant other than rent”.

The Act provides that a breach of the above section is an offence punishable by a fine of up to $1100.

I have attached a copy of my residential tenancy agreement [and, if applicable, other relevant evidence].

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]