News: STRA exclusion register NSW updated

STRA exclusion register NSW updated

By Mandy Clake, Editor

All short-term rental accommodation providers in NSW can now register online for updates on the changes to the short-term rental accommodation (STRA) exclusion register that will happen from August 1, 2022. The updates will make it easier to know your obligations and comply with requirements.

The short-term rental accommodation (STRA) exclusion register started in December 2020 as part of the mandatory Code of Conduct for the Short-Term Rental Accommodation Industry (the code). It is now publicly available as an online register.

The exclusion register records the details of hosts who are not allowed to off er their premises for STRA, and guests who are not allowed to book STRA.

A guest, host (or host in relation to specifi c premises) 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 off ence.

Any participant listed on the exclusion register is banned from the industry for fi ve years.

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Requirements for letting agents

From August 1, 2022 lett ing agents must comply with requirements under the code not to: advertise or facilitate the off ering of STRA premises if the host is listed on the exclusion register, either for all premises they off er or in relation to specifi c premises. Or off er STRA premises to guests who have been listed on the exclusion register.

Access to the exclusion register

You 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 diffi cult to frequently check this information given the high volume of STRA arrangements that lett ing agents and booking platforms are involved with. To make it easier, NSW Fair Trading will provide licensed lett ing agents with updates when changes are made to the exclusion register. You will need to subscribe to receive these updates by following the steps below.

What do letting agents need to do?

To meet the requirements under the code, you need to ensure you do not enter or facilitate STRA arrangements with an excluded person. To help comply with these obligations, you should: • Visit the subscriber portal and create a login using your licence number to subscribe to updates on changes to the exclusion register. You will then be notifi ed when changes are made to the exclusion 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 notifi cation from NSW Fair Trading. If you receive a notifi cation that the exclusion register has changed: • Login to the subscriber portal. • Check the information on excluded participants. • Do not off er 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. If you are not subscribed to receive notifi cations, 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. These obligations also apply to booking platforms and facilitators.

NSW Fair Trading will be monitoring host, booking platform, lett ing agent and facilitator compliance with these requirements under the code from August 1, 2022. For more information, visit the NSW Fair Trading website to: • Subscribe to NSW Fair Trading updates on changes to the exclusion register. • Access the exclusion register. • Find out more about the exclusion register. • Access the Code of Conduct.