[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

REFUSAL BY LANDLORD TO ACCEPT UNPAID RENT

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

On [date] the [landlord/landlord’s agent] gave me a termination notice on the grounds of failure to pay rent under the agreement. 

On [date] I attempted to pay the [landlord/landlord’s agent] the unpaid rent of $[amount] but the [landlord/landlord’s agent] refused to accept my payment of money even though I had not vacated the residential premises.
 
I draw your attention to section 34(1) of the Residential Tenancies Act 2010 (NSW) (“the Act”), which states:
 
	“A landlord must accept payment of unpaid rent by a tenant if:
(a)  the landlord has given a termination notice on the ground of failure to pay rent under the residential tenancy agreement, and
(b)  the tenant has not vacated the residential premises.

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 the termination notice given to me by the [landlord/landlord’s agent] on [date].

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]