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New Code of Conduct for Short Term Rental Accommodation – Party Houses could be a thing of the past!

By Leah Thorpe & Hamish Thomson.

The NSW Code of Conduct for Short-Term Rental Accommodation Industry (the Code) is due to commence on 18 December 2020.

What does the Code entail?

The Code sets out obligations for hosts, guests, booking platforms and letting agents to adhere to when engaging in short-term accommodation rentals.

For Guests

Guests are to refrain from making noise that would unreasonably disrupt neighbours, damaging the premises (including any common property) and to take responsibility for any visitors to the premises during their stay.

For Hosts

Hosts must hold insurance which covers liability for third party injury (including death), ensure neighbours are able to contact the host with any concerns about the premises during the hours of 8am and 5pm each day, seek to ensure guests adhere to behaviour obligations under the Code and ensure the premises are not rented to someone who has been noted on the exclusion register.

Potential Consequences for Breaching the Code

Anyone caught breaking the Code could find themselves receiving notice to cease certain actions, being fined or for serious breaches of the Code, receiving a strike against their name. In the event a person receives two strikes within a two year period, the person will be listed on the exclusion register resulting in that person being prohibited in participating in short-term rental accommodation for up to 5 years.

What does this mean for you?

If you participate in short-term rental accommodation letting, careful consideration ought to be given to the practices and procedures you adopt when accepting short-term rental bookings.

Should you be a guest staying in short-term rental accommodation, it is prudent to be mindful of the new behaviour obligations  under the Code to ensure you don’t engage in conduct which could result in you being placed on the exclusion register.

If you require advice regarding the letting of your property, or any general property or conveyancing matter, do not hesitate to get in touch with our experienced property law team at O’Hearn Lawyers.

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The material included in this website is produced by O’Hearn Lawyers Pty Limited.  It is designed and intended for general information purposes only.  The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such.  You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have. 


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