Sample Letter - Recovering overpayment of rent

[Your name and address]

[Date]

[Landlord’s or agent’s name and address]

Dear …

Re: Recovering overpayment of rent at [your address]

Your letter dated [date] increased the rent on the above premises from $ [amount] to $ [amount] per week. Since this time I have paid the increased rent. I was not given 60 days written notice of the rent increase and consequently the rent increase is not valid. I have overpaid $ [amount] in rent over this period. I have receipts for the rent paid during this period.

I draw your attention to section 45(2) of the Residential Tenancies Act 1987, which states:

“A day specified as the day from which increased rent is payable shall not be earlier than 60 days after the day on which notice of the increase was given under this section.”

Section 45(5) of the same Act states:

“A rent increase (including a rent increase ... provided for in any other residential tenancy agreement) is not payable by a tenant under a residential tenancy agreement unless the rent is increased in accordance with this section or by an order of the Tribunal.”

A breach of section 45 of the Act constitutes an offence punishable under section 125 of the Act by a fine of up to $550.

Please send me a cheque for $ [amount] within seven days. If you do not send me a cheque I will apply to the Consumer, Trader and Tenancy Tribunal for an order that you reimburse me for the overpayment in rent. I hope we can resolve this matter without going to the Consumer, Trader and Tenancy Tribunal.

Yours sincerely

T Tenant