Breach of peace, comfort and privacy
You can use this sample letter when the landlord has interfered with your peace, comfort or privacy in any way. The example given in the letter is a landlord attending the premises without notice and acting inappropriately. You should delete the example and insert your own circumstances. Also see Factsheet 8: Privacy and Access for more info.
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: Breach of peace, comfort and privacy at [your premises]
[On two occasions in the past month you have visited the premises without notice, knocked on my door and complained about the state of the garden. You have shouted at me in front of my family and in view of my neighbours. I view these visits as a form of harassment.]
I draw your attention to section 50(2) of the Residential Tenancies Act 2010 which states that:
“A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises.”
A penalty of up to $1100 applies to a breach of this section of the Act.
If you believe I have breached my tenancy agreement I would ask that you send me a letter detailing what the problem is and how I can rectify it.
Should you visit my premises again and behave in an inappropriate way, I will apply to the NSW Civil and Administrative Tribunal for an order to stop you breaching my peace, comfort and privacy, as well as for appropriate compensation.
Yours sincerely
[T Tenant]
