NSW Govt just effectively banned Airbnb and all short stay accom

Discussion in 'Airbnb & Short Term Letting' started by Paul@PAS, 6th Apr, 2020.

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  1. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    All NSW short stays must leave.

    WTF

    SMH.COM.AU reports

    It is now illegal for anyone in NSW to stay in an Airbnb or similar short-term letting agency accommodation, a government spokesman has declared.

    Under the new coronavirus regulations, no one should be staying anywhere other than their own permanent home, and they could be fined or imprisoned if they were found to be breaking emergency rules.

    Penalties to apply to occpant and owner. Offenders to be encouraged to be reported to NSW Police for summons and action to evict. "There's zero reason for someone to stay in an Airbnb," said a spokesperson for the Minister for Better Regulation and Innovation Kevin Anderson. "It's illegal to have any guests whatsoever.

    Not sure how this impacts short term lets to essential workers escapcing their own home eg nurses???
     
    Paul@PAS, 6th Apr, 2020
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  2. username

    username Member

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    We have an airbnb in the country and have a family staying there now who are booked for a few more weeks- they moved in before the social distancing measures became serious and the aim was to escape the city. Do we need to kick them out now?
     
    username, 6th Apr, 2020
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  3. Shazz@

    Shazz@ Well-Known Member

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    Is this due to Easter? To prevent people travelling?
     
    Shazz@, 6th Apr, 2020
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  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    They also said

    no one should now be staying anywhere other than their own permanent home...

    Q` : Backpackers - where do they go ?
    Q : Are all hotels and mote;s now effcetuvely closed ?
    Q : Staying with a partner at each others homes - backflip ? Now banned

    More clarity needed for sure. Very confusing.
     
    Paul@PAS, 6th Apr, 2020
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  5. # 1

    # 1 Well-Known Member

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    # 1, 6th Apr, 2020
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  6. 2FAST4U

    2FAST4U Well-Known Member

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    2FAST4U, 6th Apr, 2020
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  7. username

    username Member

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    Looks as though they keep tweaking the article (they now have the exemptions in there which weren't in there originally) and i'm still yet to find an official announcement . My read of this is that nothing has changed perse (eg no specific laws have been changed) but rather this is just being specific that of course airbnb is no longer allowed as it doesn't fall under one of the excusable reasons for leaving your home- and in light of the school holidays, its now been specifically called out.
     
    username, 6th Apr, 2020
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  8. Simon Hampel

    Simon Hampel Founder Staff Member

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    Wow - talk about click bait.

    Airbnb HAS NOT BEEN BANNED.

    There is no official announcement about this.

    All they have said is that "if you do not have a lawful reason to be travelling and staying in short term accommodation, you shouldn't be travelling".

    There are still plenty of legitimate reasons to be staying in an Airbnb - including if you are a health care worker who needs to be closer to work, or if you are caring for someone and need to be near them, or if you have no other accommodation options available to you, or if you are self isolating for the health of your family, etc.

    WHAT THIS MEANS IS DO NOT GO AWAY ON HOLIDAY OVER EASTER / SCHOOL HOLIDAYS - it does not mean that Airbnb is banned.
     
    Simon Hampel, 6th Apr, 2020
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  9. Simon Hampel

    Simon Hampel Founder Staff Member

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    Until you see something in writing from an official NSW Government website which says that Airbnb is illegal, then do not do anything.

    I have checked the nsw.gov.au website and there is nothing there mentioning Airbnb being banned.

    These articles have taken the words of someone and construed them to mean something they don't - it's "advice", not a "ban".
     
    Simon Hampel, 6th Apr, 2020
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  10. Simon Hampel

    Simon Hampel Founder Staff Member

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    Here is a list of the Public Health Orders currently in force in NSW:

    Public health orders | NSW Government

    Interpret those how you will.

    Travelling for a holiday to stay in an Airbnb is clearly not something you should be doing.

    Travelling to care for someone or for work where you need to stay in short term accommodation is clearly still acceptable.
     
    Simon Hampel, 6th Apr, 2020
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  11. thatbum

    thatbum Well-Known Member

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    It will probably be watered down again when the government gets around to legislating it - if they do at all.

    This is like the residential tenancy stuff all over again, but worse.
     
    thatbum, 6th Apr, 2020
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  12. Simon Hampel

    Simon Hampel Founder Staff Member

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    Media takes a sound bite and turns it into legislation :rolleyes:
     
    Simon Hampel, 6th Apr, 2020
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  13. Simon Hampel

    Simon Hampel Founder Staff Member

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    To be clear: the government has made it clear that people should not be travelling and should stay home.

    However, they also state that "Hotels, motels or other accommodation" are in the "Open" category. I would think that Airbnb qualifies there.

    So I think you are in a bit of a grey area. Technically, they should not be travelling - and they should certainly not be "holidaying". If they are remaining in their accommodation except when needed to buy food or exercise, etc - then I wouldn't think there is an issue.

    However, if they are actually doing normal holiday type activities like sight seeing and so on - then I think the government is going to look pretty dimly on that. The fact that they have already been there for quite a while is what makes it uncertain.

    I would be cautious and perhaps reach out to them explaining any concerns you have - point them at Public health orders | NSW Government and suggest that perhaps returning home is advisable?

    Not advice.
     
    Simon Hampel, 6th Apr, 2020
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  14. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Yes Simon. They have clarrified originallywhat WAS announced. Nobody made it up. **** up by the State Govt for sure. Really dumb media announced as a heslth policy revision. Spokesperson now seeking jobseeker payments but does not qualify for jobkeeper when terminated.

    Fake news at it's perfect best but unlike the USA it's actually fake. Nice to see this and tenancy clearly addressed.

    https://www.smh.com.au/national/cor...vestigated-by-nsw-police-20200405-p54hbq.html
     
    Last edited by a moderator: 6th Apr, 2020
    Paul@PAS, 6th Apr, 2020
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  15. Simon Hampel

    Simon Hampel Founder Staff Member

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    Thanks Paul - glad they cleared that up.

    I'll quote that article here for the sake of people visiting this thread:

    New Airbnb rules clarified

    It is now illegal for anyone in NSW to leave their own home to stay in an Airbnb or similar short-term letting agency accommodation without a lawful reason, the Government has advised.

    Under the new coronavirus regulations, no one should be staying anywhere else than in their own permanent home, and they could be fined or imprisoned if they were found to be breaking emergency rules.

    The exemptions include if they’re having to stay in short-term accommodation for work, to take care of someone or to stay in one for their education.

    Earlier, a government spokesperson had told Domain it was considered illegal to stay in short-term accommodation because of the law requiring everyone to stay at home, but the government later backpedalled and said there were a number of exemptions to the rule.
    ​
    See also: Don't even think about a holiday rental this Easter, government warns
     
    Simon Hampel, 6th Apr, 2020
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  16. Perthguy

    Perthguy Well-Known Member

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    There are people from Perth in NSW now who are not allowed to return home as WA has closed the borders. They can't return to their permanent home, so where are they supposed to live? This seems not well thought through.
     
    Perthguy, 6th Apr, 2020
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  17. Simon Hampel

    Simon Hampel Founder Staff Member

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    Here is your source of truth for NSW: What you can and can't do under the rules | NSW Government

    If it's not written there, it's not the law.

    As of right now in NSW ...

    Currently open:
    • Accommodation
      • Crisis and temporary accommodation
      • Disability or aged care facilities
      • Hotels, motels or other accommodation
      • Youth hostels
    People can stay in hotels or motels (or Airbnb!) if they need to. Not being allowed to travel home is a pretty valid reason to be staying in a hotel, motel or short term accommodation.
     
    Simon Hampel, 6th Apr, 2020
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  18. Ted Varrick

    Ted Varrick Well-Known Member

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    As a NSW landlord, given the above posts, short term letting seems high risk,and if nothing else, and it might be worth checking with both your insurance company, and if in a strata corporation, with your Strata Committee and/or Strata Manager.

    Owners Corp Network comments: Don't even think about a holiday rental this Easter, government warns

    There's no reason to expose your neighbours to undue risk in such trying times, at least without reasonably informing them of that risk, without considering the implications of your conduct.
     
    Ted Varrick, 6th Apr, 2020
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  19. See Change

    See Change Well-Known Member

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    Anyone who goes somewhere on Easter is asking for trouble and I think they will make a show of force to really drum the message in .

    I'm betting they'll have inspection sites on some of the major roads out of Sydney and fine people who can't show they are going to their place of residence .

    Wouldn't be surprised if they take a guilty until proven innocent . If you don't have documentation eg drivers license showing an appropriate place of residence you get a fine and then have to prove you had a reason to be where you are .

    Cliff
     
    See Change, 6th Apr, 2020
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  20. Property Guts

    Property Guts Well-Known Member

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    Rules, laws, whatever. Short term rentals have tanked on the south coast of NSW, and the result is now a flood of newly listed permanent rentals. Any comments on when this market will recover? I am calling 4 weeks, say start of June. Yes? No? As of this weekend, i notice plenty more people out and about shopping, plus 2 mates can visit....
     
    Property Guts, 3rd May, 2020
    #20
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