[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

UNAUTHORISED ACCESS TO RESIDENTIAL PREMISES

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

On [date], the [landlord/landlord’s agent] entered my residential premises without my consent for the stated purpose of [subject matter].
 
I believe that the circumstances in which the [landlord/landlord’s agent] entered the premises without my consent were not circumstances in which a  [landlord/landlord’s agent] can lawfully enter a property under Division 4 of Part 3 of the Residential Tenancies Act 2010 (NSW)(“the Act”). 

I draw your attention to section 59 of the the Act, which states:

“(1) A landlord, the landlord’s agent or other person authorised by the landlord must not enter the residential premises during the residential tenancy agreement, except in accordance with this Division [Division 4 of Part 3 of the Act]”.

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.

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]