[Your name and address]

[Address of local Fair Trading Centre]

[Date]

Dear Sir/Madam

LANDLORD’S FAILURE TO NOTIFY TRIBUNAL OF PAYMENT OF RENT OWING

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

On [date] the landlord gave a termination notice for non-payment of rent.  On [date] the landlord made an application to the NSW Civil and Administrative Tribunal (“NCAT”) seeking termination of the agreement.

On [date] I paid all money owing to the landlord.

As of today’s date, the landlord has not notified NCAT that I have paid all money owing under the agreement.
 
I draw your attention to section 89 of the Residential Tenancies Act 2010 (NSW) (“the Act”), which states:

“ (1)  This section applies if a landlord gives a tenant a non-payment termination notice.
…
  (4)  If a tenant repays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord, the landlord must notify:
(a)  the Tribunal, if the landlord has applied to the Tribunal for a termination order on the ground of non-payment of rent and the application has not been finally dealt with…

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;
	the termination notice;
	the landlord’s application to NCAT; and
	evidence of repayment of all money owing to the landlord.

I ask that Fair Trading investigate this breach of the Act and prosecute the landlord 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]