› Flat Chat Strata Forum › Airbnb and holiday lets › Tenant complains about Airbnb ban › Current Page
I’m going to go ahead and assume you are the tenant in question or representing them in some way.
Your statement that this is not causing any disturbance to other residents is based on what? Have you taken a survey or are you just making an assumption. “Causing a disturbance” could include setting a precedent that other residents are anxious to avoid.
To answer your numbered questions in order:
- Is this (a fine of $1500) likely or are there more serious consequences? The fine is unlikely to be any higher that $550 but then it could be imposed multiple times, with increased penalties for ignoring NCAT orders.
- If the issue does progress to NCAT, do you think there is a good chance that NCAT will rule in favour of the Strata Scheme?
To be honest, NCAT is a crapshoot and it could go either way, but if the owner’s corporation uses the precedent of decisions by the highest court in WA and the Privy Council (Law Lords) in London, rather than an NCAT decision in a very specific case centred around a very badly worded by-law, the tenant will lose. - Have you heard of this [non Bed & Breakfast] argument being used?
Nope, but in any case all over NSW councils are ignoring their own Development Approvals, many of which clearly state that apartments must not be used for holiday letting, which they often define as no less than three months.
Personally, I don’t have a huge problem with genuine “sharing” – i.e. letting a room while the resident is there. But that’s just me.
However, let’s assume this tenant and his landlord-in-law tough it out, go to NCAT and some old anti-strata duffer decides that your, sorry, the tenant’s dubious “rights” take precedence over the wishes of the majority of owners.
Congratulations. You win and you can rent out that spare room to Swedish Backpackers to your heart’s content.
However, pretty soon you’ll find your pass key intermittently stops working, tradies trucks seem to be always parked in your space, some vandal has superglued a matchstick in your doorlock, your internet keeps going off, the woman upstairs is taking Flamenco lessons at 6 in the morning (but, mysteriously, no one else in the building can hear her), all your mail is return to the post office marked “gone to Ibiza, return to sender”, and, when the owner wants to get the smallest bit of maintenance done to the flat, it will take months to get it approved, if it ever is.
What I’m saying is, the landlord knew or shoud have known what the by-laws said and has decided to say “stuff you” to the majority of owners in the building. But don’t be surprised if the majority of owners say “stuff you” right back and make your lives a misery by all sorts of creative and untraceable means.
So by all means, get all bush lawyer about it, and spend money on real lawyers who will happily take this to NCAT and have at least an even chance of winning.
However, vastly superior courts to NCAT have found that, where local planning laws don’t allow holiday letting, Section 139 (2) doesn’t apply since the owner never had the right to offer holiday lets in the first place, therefore nothing is actually being prohibited or restricted because that right did not exist.
Based on the letter from your council, which refers to unlawful letting, Section 139 (2) may well fall over becasue the right to let doesn’t exist, regardless of the local council’s failure to act on their own regulations.
If I were you, I’d talk to an experienced strata lawyer before you do anything that makes you and your landlord a pariah in the building.