NSW Fair Trading - Code of Conduct for the Short Term Rental Accommodation Industry - Information for Property Owners
The NSW Government has introduced a mandatory Code of Conduct for the Short Term Rental Accommodation Industry that applies from 18 December 2020. The Code of Conduct provides guidelines for guests, hosts, booking platforms, letting agents and facilitators relating to booking and staying in short-term rental accommodation in New South Wales.
The Code also establishes a complaints system, which is available to neighbours of short-term holiday letting premises, strata committees and owners corporations. These complaints will be assessed by the Commissioner at NSW Fair Trading and may result in a strike.
The Code establishes a ‘2 strikes and you’re out’ policy. Hosts or guests who commit 2 serious breaches of the Code within 2 years will be banned for 5 years. Platforms and letting agents will not be permitted to offer services to anyone, or any dwelling, that is listed on the exclusion register.
More information about the code can be found on the Fair Trading website
What are my obligations as a host / owner and owner manager?
If A Perfect Stay is managing a property on your behalf, we will look after the obligations as a “host” and “letting agent” under the Code of Conduct. If a Perfect Stay is acting as a booking only service for your property and you are managing the property and guests directly, your obligations are outlined below:
- ensure your accommodation is accurately represented in the listing description,
- hold insurance that covers liability for third party injuries and death,
- be contactable to manage guests, the premises, and neighborhood complaints within ordinary hours (8:00am - 5:00pm, 7 days a week) and outside ordinary hours to deal with emergencies,
- provide guests with:
- The contact details of:
- Yourself, co-host, or property management company carrying out hosting responsibilities on your behalf
- An emergency electrician and plumber
- Australian emergency services on 000
- A copy of the Code of Conduct,
- provide information that ensures the guest is aware of how to lodge a complaint with the Commissioner about a host, guest or premises,
- educate guests and take reasonable steps to ensure they comply with their obligations under the Code of Conduct,
- let your neighbors know that you are hosting and provide them with your contact details, or those of your letting agent (A Perfect Stay). Additionally, if you live in a strata or community scheme, you must notify the owners corporation or the community association. If you are contacted by a neighbor about a possible contravention of the Code of Conduct, you must take reasonable steps to address those concerns,
- you must ensure you do not rent out your premises to a guest who is recorded on the exclusion register (a short-term rental accommodation premises register is currently being developed and is expected to be live by 1 June 2021. Once this commences, you must register yourself and your premises on the short-term rental accommodation premises register.
How can I make a complaint?
A host or guest is able to make a complaint regarding a breach of the Code of Conduct. A Perfect Stay asks that hosts and guests seek to resolve the issue directly prior to contacting NSW Fair Trading.
The code does not change existing complaint handling processes for NSW Police and local councils. Contact your local council if you have an issue or complaint relating to fire safety (including overcrowding), planning approvals, parking or ongoing noise. You can contact the Quiet Neighbour Hotline on 02 6626 6888 or the police for urgent noise issues.
For more information about lodging a complaint with the Commissioner at the Department of Fair Trading please visit their website
Property Register and Exclusion Registers
The Code of Conduct includes measures which hosts / letting agents / facilitators will be required to comply effective 1 June 2021, including the requirement to register your property and host details, and comply with the exclusion register. Further details of how the property register and exclusion register will operate are currently being finalised by the NSW Government.
Where can I go for additional information?
The NSW Government has also announced changes to planning regulations, which are currently being finalised. Once the property register, exclusion register, and the planning regulation details have been finalised this page will be updated with the latest information.
For further information on the NSW State Government reforms for Short Term Rental Accommodation, please refer to the following sites: