The NSW Government through changes to the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018, has implemented a mandatory Code of Conduct for Short Term Rental Accommodation.
The Code creates new minimum standards of behaviour and requirements for all industry participants, including:
- Booking platforms
- Hosts
- Guests
- Letting agents and facilitators.
In relation to Bay Escapes villas and cottages, there are obligations on us as Hosts, and also obligations on you as Guests, in complying with the code.
The full details of the Code of Conduct must also be made readily available to you. A full list of the code can be found at the NSW Fair Trading site https://www.fairtrading.nsw.gov.au/housing-and-property/short-term-rental-accommodation and at the link below:
Code of Conduct for the Short-term Rental Accommodation Industry
Further information can also be found here:
NSW Fair Trading Changes to laws for short-term rental accommodation
What you need to know
HOSTS
Obligations of Host can be found in full detail in the Code of Conduct. The main obligations of Hosts can also be found here: Host Obligations
In summary, key obligations of Hosts are:
Must act lawfully
Hosts must act lawfully and must not breach:
- the Code of Conduct
- criminal laws
- planning laws
- by-laws if the premises are in a strata or community land scheme.
Obligations to guests and others
The premises must be provided in a state consistent with how it represented in advertisements or in communications with guests.
The host must hold insurance that covers their liability for third party injuries and death on the premises and it must be valid for the occupancy period.
The host or their representative must be contactable between 8am to 5pm every day of the week to manage guests, the premises, neighbourhood complaints or any other issues related to the premises.
The host or their representative must be contactable for emergencies outside of 8am to 5pm every day.
Information to be provided to guests
A host must provide the following information:
- contact details for the host or their representative
- contact details for an emergency electrician and an emergency plumber
- contact details for emergency services (000)
- an electronic or hard copy of the Code of Conduct
- by-laws that apply to the premises, common or association property if the premises are within a strata scheme or community land scheme.
Obligations to neighbours
The host must take reasonable steps to ensure that guests comply with their obligations under the code.
The host must provide the following information to the occupants of residential premises directly neighbouring the hosted premises and, if within a strata scheme or community land scheme, to the owners corporation or association:
- Advice that the host is using the premises for short-term rental
- The contact details of the host or their representative.
A host contacted by the guests, neighbours, owners corporation or association about potential breaches of the code must take reasonable steps in a timely manner to address any concerns raised.
Premises register
From 1 June 2021, hosts must be registered on the premises register for all of the premises that they rent out. The properties must be registered before they can be advertised or offered for short-term rental.
Exclusion register
A host must not offer premises for short-term rental if they have been listed on the exclusion register for hosting in general or offer a specific property for short term rentals if that property has been listed on the Exclusion Register.
If a host is listed on the Exclusion Register only in relation to a specific property, they are still able to list other properties for short term rental.
Hosts must not let a premises for short-term rental with a guest who has been listed on the Exclusion Register.
NSW Fair Trading will be taking an educational approach to exclusion register obligations that prohibit entering into or facilitating short-term rental arrangements until 1 June 2020.
However, Fair Trading will be enforcing obligations on hosts to not enter into these arrangements if they have been recorded on the Exclusion Register.
Fair Trading will also be enforcing obligations on guests to not enter into these arrangements if they have been recorded on the Exclusion Register.
GUESTS
Obligations of Guests can be found in full detail in the Code of Conduct. The main obligations of Guests can also be found here: Guest Obligations
Guests to act lawfully
Guest behaviour must comply with:
- the Code of Conduct
- criminal laws
- planning laws
- by-laws, if the premises are in a strata or community land scheme
- terms of the short-term rental arrangement.
- any other laws.
Obligations to neighbours
The guest must not at any time:
- make noise that is unreasonably disruptive or interferes with the peace and comfort of neighbours and other occupants
- act in a violent or threatening manner
- act in a manner that could reasonably cause alarm or distress to neighbours and other occupants
- use or enjoy the premises in a manner that unreasonably interferes with the use or enjoyment of common or association property in a strata or community land scheme by neighbours or other occupants
- intentionally, recklessly or negligently damage the personal property of neighbours or other occupants.
A guest must not copy, or knowingly retain, any keys or security passes at the end of the occupancy.
Responsibilities to hosts
Reasonable care must be taken of the host’s premises and property at the premises.
If there are disputes or complaints about the behaviour of a guest or visitor, the guest must notify the host or their representative as soon as possible. For example, if a neighbour complains about the behaviour or noise of guests and visitors, the host must be notified.
Exclusion register
Guests who have been recorded on the Exclusion Register are not allowed to be a guest at any short-term rental premises in NSW.
Responsibility for visitor conduct
Visitors are people who, with the guest’s consent, are present at the premises during the occupancy.
Guests are responsible for any visitors they invite onto the premises and must ensure that the visitors comply with the obligations to neighbours.