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A quick reminder about the AirBnB changes to the strata legislation which commenced on 10 April 2020 and the new smoke alarm requirements which commenced 23 March 2020.
New Smoke Alarm requirements for landlords and agents
From 23 March 2020, NSW landlords and agents are required to ensure that smoke alarms installed in rental premises are in good working order and tenants are required to advise their landlord/agent if they notice a smoke alarm is not working (including battery failure).
The new requirements for timely repair, replacement and battery changes (including for owners corporations) are set out in full here: https://www.fairtrading.nsw.gov.au/housing-and-property/renting/new-residential-tenancy-laws/key-changes-to-smoke-alarm-requirements-for-rented-homes.
Latest AirBnB News
As previously mentioned in our April 2020 newsletter, each of the Fair-Trading Act, 1987 (NSW), Strata Schemes Management Act, 2015 (NSW) and the Residential Tenancies Act, 2010 (NSW) have recently been amended to enable owners corporations to adopt by-laws that prohibit short-term rental accommodation (“STRA”) within strata schemes but only in situations where the subject lot is not a host’s principle place of residence
Each Scheme should now consider whether or not they wish to pass such a by-law. If you are wanting to have such by law considered at you next general meeting, please contact your Strata Manager to discuss the next steps and way forward.
https://www.fairtrading.nsw.gov.au/news-and-updates/news/new-short-term-holiday-letting-regulations
In further news, the Fair Trading Amendment (Short-term Rental Accommodation) Act, 2018 (NSW) (the “Act”) introduced a Code of Conduct, however, the Department of Customer Service has decided not to implement it for now. It is anticipated that the Code and STRA property register will commence later in the year.
The Explanation of Intended Effect outlines the proposed planning rules to introduce the STRA planning framework and will introduce a standard definition of STRA, enable exempt and complying development options depending on the host’s presence and bushfire risk together with fire safety and evacuation standards.
More to follow.
