Short-term rental accommodation ~ Exclusion Register

 

If you are an agent who is responsible for letting short-term rental accommodation (STRA) properties (or holidays lettings as it has been traditionally called), then you need to check the online short-term rental accommodation exclusion register and subscribe to updates to help you comply with your obligations under the STRA requirements.

The short-term rental accommodation (STRA) exclusion register commenced in December 2020 and introduced the mandatory Code of Conduct for the Short-Term Rental Accommodation Industry (the code). Last year’s CPD classes examined this Code in detail.

The Exclusion Register records the details of hosts who are not allowed to offer their premises for STRA, and guests who are not allowed to book STRA.

A guest or a host of a specific property, will be recorded on the Exclusion Register if they have had two strikes recorded against them in a two-year period for a breach of the code. NSW Fair Trading can also record a host or a guest on the Exclusion Register in certain situations if a person has been charged with or convicted of a criminal offence.

Any person or business listed on the Exclusion Register is banned from the industry for a period of five years.

As of 1 August 2022, agents who are managing properties used for the purpose of short-term rental accommodation, must comply with requirements under the Code, which includes NOT to:

• advertise or facilitate the offering of STRA premises if the host is listed on the Exclusion Register, either for all premises they offer or in relation to specific premises
• offer STRA premises to guests who are listed on the Exclusion Register.

Any person can access the public Exclusion Register on the NSW Fair Trading website to check whether individual hosts or guests are excluded from STRA. You can search the Exclusion Register using information such as the person’s name and a combination of the person’s email address, phone number or residential address.

NSW Fair Trading recognises that it may be difficult to frequently check this information given the high volume of STRA arrangements that some agents and booking platforms are involved with. So, to make it easier, NSW Fair Trading will provide licensed agents with updates when changes are made to the Exclusion Register. In order to receive these updates, you will need to subscribe by taking the following steps:

• Visit the subscriber portal and create a login using your property licence number to subscribe to updates on changes to the Exclusion Register. You will then be notified when changes are made to the Register.
• Once subscribed, you do not need to check the Register before accepting bookings. You do not need to do anything further unless you receive a notification from NSW Fair Trading.

As an agent, if you receive a notification that the Exclusion Register has changed:

• check the information on excluded participants
• do not offer premises for STRA if the host is recorded as an excluded host on the exclusion register
• do not enter into a STRA arrangement with a guest recorded on the exclusion register
• login to the subscriber portal

NSW Fair Trading will be monitoring compliance with the Code of Conduct and its requirements from 1 August 2022.

If you are not subscribed to receive notifications, you will need to check the Exclusion Register before each booking to make sure you are not entering into a STRA arrangement with an excluded host or guest. So, it is naturally a more efficient option to ensure that you register as an agent and receive the notifications. In this way, you will complying with the Code of Conduct and ensuring that you are providing the highest level of service to your landlords (hosts) and your customers (guests).

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