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I dislike being the bearer of bad news but it is my understanding that SSMA 2015 [s258] will not assist in ending short term holiday accommodation in NSW strata as it does not apply to this situation.
I have based my opinion on the following commentary from the NSW Office of Fair Trading at
https://www.fairtrading.nsw.gov.au/ftw/Consumers/Buying_services/Travel/Holiday_home_rentals.page
wherein it states:
To avoid coming under the general tenancy laws of NSW the property must ordinarily be used for holiday purposes or if not, rented for periods of no more than 3 months for the purpose of a holiday.
And further commentary from the NSW Office of Fair Trading states that:
Individuals are quite at liberty to rent out their holiday properties.
https://www.fairtrading.nsw.gov.au/ftw//Consumers/Buying_services/Travel/Renting_a_holiday_home.page?
If a person is renting a premises for less than 3 months and for a holiday, then a residential tenancy agreement should not be used.
The Residential Tenancies Act 2010 does not cover agreements giving the right to occupy residential premises for no more than 3 months for a holiday. The term “tenancy notice” in [s258] only applies to leases formed under Residential Tenancies Act 2010.
If there is no tenancy agreement (as defined by the Residential Tenancies Act 2010) then short stay accommodation will not be caught by SSMA 2105 [s258].
https://www.tenants.org.au/factsheet-01-residential-tenancies-act
