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Millie – I agree. This is an extremely complex issue which cannot be resolved by a ‘one size fits all’ solution.
One of the reasons why this issue is tricky is that there is case law which indicates that short term rentals do not necessarily trigger a ‘material change of use’. Therefore Councils cannot ban them in every instance.
Each scenario is different. For example, some apartments have a mixed usage. This includes: use by the owners for some of the time, and the owners family for some of the time, and the owners friends for some of the time, and short term tenants for the remainder of the time.
Other apartments are rented out 100% of the time as short term rentals with 0% usage by owner.
Questions to be asked by Councils when considering this issue are whether the character of the use of the strata dwelling as a residence has been changed so substantially by the short term tenancy as to amount to a material change of use.
It is a question of fact and degree in every case. The answer will depend upon the particular characteristics of the use as short term accommodation.
The position that: any use of premises as short term accommodation is materially different to a use as a single dwellinghouse because it is not a use of the premises as “the long term home” of persons comprising a household, has not been supported in case law.