Sample letters and forms

Contributed by Ann-Margaret Walsh and Piercy Porter and current to 1 September 2005

FORMS

Forms referred to in this chapter are available from State Law Publishers.

SAMPLE LETTER TO OWNER/AGENT

136 Resident Street
Newtown WA 6666

31 January 2005 WITHOUT PREJUDICE *

Mr P Owner
15 Hill Street
West Coast WA 6666

Dear Mr Owner,

I am writing to you about your frequent visits to the premises without giving me notice. I do not wish

to offend you, but I wanted you to understand my point of view. I feel uncomfortable when you come around when I’m not expecting you, especially when I have visitors.

I am also concerned that you came yesterday when I was not home. I received the note you left on the kitchen table. But you forgot to lock the door on your way out, leaving me at risk of burglary. I feel this is a serious invasion of my privacy.

I have sought advice on the problem and it was suggested that I write this letter to you. I was told that Section 44 of the Residential Tenancies Act gives me the right to privacy and quiet enjoyment of the premises without interruption from yourself.

I was also informed that under Section 46 of the Residential Tenancies Act you must give me 7 days’ notice in writing before you come to inspect the premises. I ask that in future you provide me with the correct notice before you come.

I was also informed that if I suffered any loss as a result of your breaching the Residential Tenancies Act, I could make a claim for those losses under section 15 of the Act.

Please understand that I am very happy in this tenancy and wish to remain here on good terms with you. However, I felt it important to inform you of how I feel about this, and to ask you to follow the proper procedures in future.

Yours sincerely,

Mrs J Tenant

* NOTE: It can be a good idea to put ‘Without Prejudice’ at the top of your letter so that you don’t damage your existing rights or claims if the dispute needs to be settled in court. ‘Without Prejudice’ is a statement made without an intention to affect the legal rights of any person. This means you can write a letter using ‘Without Prejudice’ and it cannot be used in court as evidence against you. You can still bring the letter into court but you cannot give it to the Magistrate as evidence. You can verbally refer to it, but only to show that you tried to negotiate a solution to the problem. You may decide to not write ‘Without Prejudice’ in your letter if you think you may want to present the letter in court as evidence.