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Puddn – The case that Millie has mentioned is Dobrohotoff v Bennic [2013] NSWLEC 61. The complainant won the case on the grounds that the dwelling was being used as a ‘party house’ by large groups of people and was not being used in a way that a ‘family’ would use the house.
The Court held that a tenancy granted to persons residing in a group situation for periods of up to a maximum of one week for the purpose of “bucks and hens nights, parties or for the use of escorts or strippers is not consistent with a use or occupation by a family or household group in the ordinary way of life and therefore not consistent with the use of the property as that of a ‘dwelling-house’”.
‘Party houses’ in suburbia are only a small proportion of the short term rental market therefore the D v B case has limited precedent for most other short term rentals such as those in strata schemes. It could be argued that strata schemes already have by-laws that deal with the subject of parties, overcrowding, noise, and nuisance.
Gosford has since changed its LEP and now permits short term rentals as exempt development in certain circumstances.