[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

PAYMENT OF RENT BY POST-DATED CHEQUE

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

On [date] the [landlord/landlord’s agent] required me to pay rent in the amount of $[amount] by post-dated cheque.
 
I draw your attention to section 35 of the Residential Tenancies Act 2010 (NSW) (“the Act”), which states:

“(1) A landlord, landlord’s agent or other person must not require a tenant to pay rent by a cheque or other negotiable instrument that is post-dated”.

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; 
•	[if applicable, any other relevant document – e.g. the demand by the landlord/landlord’s agent to pay rent by post-dated cheque]; and,
•	[if applicable, the receipt given for the post-dated cheque].

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]