Guest Legal Obligation

A guest is a person given a right to occupy a residential premise covered by a short-term rental accommodation arrangement.

All guests have obligations under the Code of Conduct for the Short-term Rental Accommodation Industry.

Guests to act lawfully

Guest behaviour must comply with:

  • the Code of Conduct
  • criminal laws
  • planning laws
  • by-laws, if the premises are in a strata or community land scheme
  • terms of the short-term rental arrangement
  • any other laws.

Obligations to neighbours

The guest must not at any time:

  • make noise that is unreasonably disruptive or interferes with the peace and comfort of neighbours and other occupants
  • act in a violent or threatening manner
  • act in a manner that could reasonably cause alarm or distress to neighbours and other occupants
  • use or enjoy the premises in a manner that unreasonably interferes with the use or enjoyment of common or association property in a strata or community land scheme by neighbours or other occupants
  • intentionally, recklessly or negligently damage the personal property of neighbours or other occupants.

A guest must not copy, or knowingly retain, any keys or security passes at the end of the occupancy.

Responsibilities to hosts

Reasonable care must be taken of the host’s premises and property at the premises.

If there are disputes or complaints about the behaviour of a guest or visitor, the guest must notify the host or their representative as soon as possible. For example, if a neighbour complains about the behaviour or noise of guests and visitors, the host must be notified.

Exclusion register

Guests who have been recorded on the Exclusion Register are not allowed to be a guest at any short-term rental premises in NSW.

Responsibility for visitor conduct

Visitors are people who, with the guest’s consent, are present at the premises during the occupancy.

Guests are responsible for any visitors they invite onto the premises and must ensure that the visitors comply with the obligations to neighbours.

General obligations

The Code of Conduct imposes some general obligations that apply to all industry participants, including guests.

Act honestly and in good faith

All participants must act honestly and in good faith as part of any short-term rental accommodation arrangement.

Participants must act honestly and in good faith in relation to any dealing, complaint or dispute that arises about a short-term rental accommodation arrangement.

Cooperation with NSW Fair Trading

All participants must cooperate with NSW Fair Trading in its enforcement and administration of the Code of Conduct.

This includes complying with directions issued by Fair Trading and with requests for information relating to their activities as an industry participant or under the Code.

The information collected by Fair Trading will be used to enforce the Code and to monitor, evaluate and inform further development of the regulatory framework.

Identity of participants excluded from the industry

Industry participants must not knowingly misrepresent the identity of any person or premises to avoid a provision of the Code because the person or premises is recorded on the Exclusion Register.

Read more about the Exclusion Register.


Related Article: Guest Legal Obligations in NSW


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