The Code of Conduct for Short-term Rental Accommodation (Code) lists new disciplinary actions NSW Fair Trading can take if the Code is breached.
The Code sets out a fair process that must be followed before a penalty is imposed and provides for appeals against decisions to impose a penalty for breaches of the code.
First steps
We encourage everyone to attempt to resolve the matter in the first instance, by contacting the relevant party. This includes talking to the guest or host about your concerns about a possible breach of the Code or another law.
If you are unable to resolve your problem directly there are options for assistance.
Making a complaint to NSW Fair Trading
If you wish to make a complaint to NSW Fair Trading about a potential breach of the Code, please visit Make a complaint.
Fair Trading will consider the complaint to initially determine if the complaint concerns a potential breach of the Code or if it is a matter that should be referred to local council or the NSW Police.
If the complaint concerns a potential breach of the Code, Fair Trading will then carefully consider whether a breach has occurred and, if so, what action should be taken.
NSW Fair Trading will deal with the complaint fairly and according to the processes set out in the Code, and in a timely manner.
Once a decision has been made Fair Trading will advise all parties of the outcome and will provide reasons for the decision it has made.
Actions available for breaches of the Code
If a breach is found to have occurred Fair Trading may impose one of the following penalties:
- warnings or directions to take or cease certain action
- monetary penalty
- a ‘strike’ against a host, host’s premises, or guest for serious breaches of the Code
- recording a guest, host or host’s premises on the Exclusion Register.
Read more about the Exclusion Register.
Potential breaches of other laws
The Code does not change existing complaint handling processes for NSW Police and local councils.
Contact your local council if you have an issue or complaint relating to fire safety (including overcrowding), planning approvals, parking or ongoing noise.
You can contact the police for urgent noise issues.