Hi Lady Penelope
Hope the following assists. Assuming you get Orders under the NSW Residential Tenancies Act (not the Strata Act), one could then issue an Order to Comply under the standard by-law on ‘Change of Use to be Notified’. Then also check the terms of the mandatory building insurance policy. All Strata Committees are obliged to advise their Insurer of any such “Illegal Use” – City of Sydney’s quaification of this type of letting. (In our case, our Strata Committee refuses to act against those currently short-term letting despite our Land and Environment Court Orders), claiming that short-term letting isn’t a strata issue – which it obviously is):
NSW Strata buildings – quoting just one of many Determination of Development Approvals of which I know. It’s important to check the exact wording on the DA:
“The development must be used for permanent residential accommodation only and not for the purpose of a hotel, motel, serviced apartments, tourist accommodation or the like, other than in accordance with the Residential Development Policy for the City Centre, adopted 12 August 1993…All units approved for permanent residential accommodation must be either owner occupied or occupied by a tenant with a residential lease under the Residential Tenancy Act, 1987. A certificate signed by the owner or the body corporation…or a solicitor…must be forwarded to Council…every 12 months, certifying that all units approved for Residential Development are either owner occupied or a subject to residential leases under the Residential Tenancy Act…”
NCAT Orders against Airbnb letting agreements: RT 15/37925, D Charles Tribunal Member 22/06/15: “The Tribunal notes that as between the respondent and those occupying his premises under short-term tourist or visitor agreements the Residential Tenancies Act 2010 (RTA does not apply: see, particularly, section 7 and section 8(h) of the RTA.
NCAT Orders against Wotif/Bookings.com/etc, etc letting agreements: RT 15/37922, D Charles Tribunal Member 22/06/15: “The Tribunal notes that as between the respondent and those occupying his premises under short-term tourist or visitor agreements the Residential Tenancies Act 2010 (RTA does not apply: see, particularly, section 7 and section 8(h) of the RTA.
Quoting from the NSW Residential Tenancies Act:
This Act does not apply in respect of the following premises:
(a) premises to which the Landlord and Tenant (Amendment) Act 1948 applies,
(b) premises used to provide residential care or respite care within the meaning of the Aged Care Act 1997 of the Commonwealth,
(c) serviced apartments, that is, buildings or parts of buildings used to provide self-contained tourist and visitor accommodation that are regularly cleaned by or on behalf of the owner or manager,
(d) premises used as a hotel or motel,
(e) premises used as a backpackers’ hostel,
(f) a hospital or nursing home,
(g) any part of a club used for the provision of temporary accommodation,
(h) premises used for residential purposes, if the predominant use of the premises is for the purposes of a trade, profession, business or agriculture.
Section 8 Agreements to which Act does not apply:
(h) an agreement made for the purpose of giving a person the right to occupy residential premises for a period of not more than 3 months for the purpose of a holiday,