The latest from John at Stacks Law

One of the wonderful things about living in the Southern Highlands is that friends from Sydney and Canberra often get together and take a road trip down the freeway to visit for the weekend (rather than us having to head out of the area). They often rent out a spacious residence for an extended weekend that fits numerous boisterous families where we can all get together for a feast and general catch up.  
The Issue is -  Should I www.stayz.com.au or Should I go,  Now!!
Many people use booking websites such as www.stayz.com.auor other such sites for short term rentals. However, the owners of such houses and investors in these properties must now ensure that they check the relevant zoning restrictions to ensure they are not breaking the law by offering the property for short stays.

A recent decision in the Land and Environment Court found that short term letting in a residential zone was illegal. Of particular note, the Judge found that “a tenancy granted to persons who are residing in a group situation for periods of a week or less for the purpose of bucks and hens nights, parties or for the use of escorts or strippers…is not consistent with the use of the property as that of a dwelling-house”.

Bulletin Bites:
Whilst each case must be reviewed in light of the specific facts and the relevant planning legislation and planning instruments
*If you are an investor looking to purchase a property for short term rental accommodation, it is imperative that you obtain planning advice to ensure that the zoning allows for such use;   
*If you are an agent marketing a property, ensure that you have obtained confirmation from the vendor’s solicitor if you intend to make  representations in relation to the ability of purchasers to use the property for short term rental accommodation; 
*Check  the local environmental plans very carefully if you intend to rent your home for short term rental accommodation;
and DO
Seek professional legal advice if the enjoyment of your property is
impinged by potentially illegal short term rentals in neighbouring
properties.
 John Kettle from STACKS / THE LAW FIRM can be contact at 
Springetts Arcade - 302 Bong Bong Street, Bowral or by phone 2 4861 6600 or fax 02 4861 4919
 

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