#27436
Lady Penelope
Strataguru

    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. 

    https://www.gosford.nsw.gov.au/about-council/doing-business-in-gosford-city/short-term-rental-accommodation