Holding fee dispute
You can use this sample letter when you have decided not to sign an agreement and move in, because:
- the landlord has mislead you in some way about the property and
- they have refused to refund the holding fee.
Copy and paste the template letter below or download a copy from the link above. Remember to substitute your details for the details contained in [square brackets].
[Your name and address]
[Date]
[Landlord’s or agent’s name and address]
Dear …
Re: Holding fee for [residential address]
I write concerning the holding fee of $[amount] I paid to you on [date] for the above premises. On [date] I informed you that I would not be entering into the tenancy due to your failure to disclose [the proposal to sell the premises].
As of [date] I have not received back the holding fee. I note section 24(5) of the Residential Tenancies Act 2010 states that:
“a holding fee must not be retained by the landlord if the tenant refuses to enter the agreement because of a misrepresentation or failure to disclose a material fact by the landlord or the landlord’s agent.”
A breach of section 24 of the Act is an offence punishable by a fine of up to $2200.
Please send me a cheque for $[amount] within 14 days. If you do not, I will apply to the NSW Civil and Administrative Tribunal for an order that you reimburse me for the holding fee. I hope we can resolve this matter without going to the Tribunal.
Yours sincerely
[T Tenant]
