Recently Bundaberg Council has come out with a Factsheet regarding renting out your house to backpackers. They put in a few definitions as to what constitute a backpacker and has told property owners that they are not allowed to rent out their house to even one backpacker.If you do want to rent out your house to backpackers you have to get council approval and to get this of course they will check out your house and you have to pay them. There were restrictions before as you could not have more than 5 unrelated people renting your property but that has been reduced to zero in the case of backpackers.Is it legal for council to dictate who you can rent your house to as long as you do not rent it out to more than 5? Apparently this rule is only for Bundaberg, other councils in Queensland do not have this.
Backpacker accom in Bundaberg
- Thread starter Pinkot
- Start date
I'd ring the Bundaberg Council anonymously and ask what law ( may be a local council law ) is being broken. Then actually go and read the law for yourself.
It would also be useful to understand what is driving the councils action. Maybe its fire risk , maybe they get lots of noise complaints from neighbors etc
google Bundaberg Council Factsheet backpackers
FACT SHEET: Backpacker and Itinerant Farm Worker ...
www.bundaberg.qld.gov.au/brc/policy.php?doc_num=MD-7-485
FACT SHEET: Backpacker and Itinerant Farm Worker Accommodation. The Bundaberg Region relies heavily on the tourism, agricultural and horticultural ... Council has a regulatory responsibility to ensure that visitors to our region are safely ...
Fact sheet is at www.bundaberg.qld.gov.au/brc/policy.php?doc_num=MD-7-485
Backpackers are short term accommodation, most councils have laws about short term accommodation in normal residential house etc.They often cause a loss of amenity to the neighbors ...
It would also be useful to understand what is driving the councils action. Maybe its fire risk , maybe they get lots of noise complaints from neighbors etc
google Bundaberg Council Factsheet backpackers
FACT SHEET: Backpacker and Itinerant Farm Worker ...
www.bundaberg.qld.gov.au/brc/policy.php?doc_num=MD-7-485
FACT SHEET: Backpacker and Itinerant Farm Worker Accommodation. The Bundaberg Region relies heavily on the tourism, agricultural and horticultural ... Council has a regulatory responsibility to ensure that visitors to our region are safely ...
Fact sheet is at www.bundaberg.qld.gov.au/brc/policy.php?doc_num=MD-7-485
Backpackers are short term accommodation, most councils have laws about short term accommodation in normal residential house etc.They often cause a loss of amenity to the neighbors ...
Yes, it really looks like the council got some bad legal advice. To me, it really doesn't look like their reasoning will stand up to scrutiny:
Also, so you can rent them a place on the proviso that they leave some of their belongings at the residence and hence no longer meeting the council's definition:
Backpackers are short term accommodation, most councils have laws about short term accommodation in normal residential house etc.They often cause a loss of amenity to the neighbors ...
Interesting article about Paul Salter a property owner in Victoria who took the council to the supreme court as they did not allow him to rent his property on a short term base.
I think a precedent has been set and councils should be very wary trying to restrict short term accommodation.
http://www.theaustralian.com.au/lif...for-common-sense/story-e6frg9zo-1226847908159
Interesting article about Paul Salter a property owner in Victoria who took the council to the supreme court as they did not allow him to rent his property on a short term base.
I think a precedent has been set and councils should be very wary trying to restrict short term accommodation.
http://www.theaustralian.com.au/lif...for-common-sense/story-e6frg9zo-1226847908159
RE "councils should be very wary trying to restrict short term"
Council will find some other way ..... to pick on the property
ie
Fines for bins left out more than 24 hours ..... often residents not diligent for bringing bins in ...
If near a CBD maybe bring in parking limitations - and ensure they are enforced quickly
Respond quickly to noise complaints .
Lawn not mowed - overgrown issues.
Fire brigade - check property meets some alarm requirements based on # of persons there ...
Another thing to be across - is your insurance - if the rental situation - short term accommodation not disclosed to insurance company - then you probably have no cover ...
( Also Some property owners get greedy and have more people on premises than whats in the relevant laws from council and fire legislation requirements etc )
Council will find some other way ..... to pick on the property
ie
Fines for bins left out more than 24 hours ..... often residents not diligent for bringing bins in ...
If near a CBD maybe bring in parking limitations - and ensure they are enforced quickly
Respond quickly to noise complaints .
Lawn not mowed - overgrown issues.
Fire brigade - check property meets some alarm requirements based on # of persons there ...
Another thing to be across - is your insurance - if the rental situation - short term accommodation not disclosed to insurance company - then you probably have no cover ...
( Also Some property owners get greedy and have more people on premises than whats in the relevant laws from council and fire legislation requirements etc )
Probably a different situation to the backpackers - Only one party or person renting short stay at one time. Backpackers = multiple un related , and unknown to each other people staying at the property at the same time .....
Just because I also thought the wording was ridiculous, I rang Bundaberg City Council and asked, and somebody got back to me today.
They confirmed that the laws are the same for backpackers, itinerants, and other people. (So yes, the policy is absurdly written.)
I was told their rules are: single household (i.e. a family, or a group of backpackers travelling together who want to form a household) can rent for minimum of 45 days in res A.
Multiple households - so a group of itinerants who don't know each other but just get put together by the boss because they work together - minimum lease length is 6 months.
That's actually more generous than Brisbane, in a way (if accurate; I'm not very confident the person I spoke to was on top of the issue) - we can't have multiple households in low density residential at all.
They confirmed that the laws are the same for backpackers, itinerants, and other people. (So yes, the policy is absurdly written.)
I was told their rules are: single household (i.e. a family, or a group of backpackers travelling together who want to form a household) can rent for minimum of 45 days in res A.
Multiple households - so a group of itinerants who don't know each other but just get put together by the boss because they work together - minimum lease length is 6 months.
That's actually more generous than Brisbane, in a way (if accurate; I'm not very confident the person I spoke to was on top of the issue) - we can't have multiple households in low density residential at all.
I always look up the exact 1 local law or 2) state government law or 3) fire department law , 4) RTA law etc.
Then a person can understand the exact situation. At present you are relying on a council officers understanding. And it sounds like they are not completely familiar with the appropriate laws.
RE "can rent for minimum of 45 days in res A. " so that means in some law the definition of short term is 45 days?
RE " Multiple households - so a group of itinerants who don't know each other but just get put together by the boss because they work together - minimum lease length is 6 months. " What law does the 6 month figure come from? I suspect there is no such 6 month law. But their definitely would be laws about number of unrelated "by blood" people who can stay at a house . I think in Brisbane , more than 4 trigger certain fire department regulations. I think in Brisbane City Council, only max of 5 unrelated people allowed in a house, before assessment as a boarding house , class 1B building type is required )
What if they break their 6 month lease and move out early and have stayed more than short term 45 days ?
Then a person can understand the exact situation. At present you are relying on a council officers understanding. And it sounds like they are not completely familiar with the appropriate laws.
RE "can rent for minimum of 45 days in res A. " so that means in some law the definition of short term is 45 days?
RE " Multiple households - so a group of itinerants who don't know each other but just get put together by the boss because they work together - minimum lease length is 6 months. " What law does the 6 month figure come from? I suspect there is no such 6 month law. But their definitely would be laws about number of unrelated "by blood" people who can stay at a house . I think in Brisbane , more than 4 trigger certain fire department regulations. I think in Brisbane City Council, only max of 5 unrelated people allowed in a house, before assessment as a boarding house , class 1B building type is required )
What if they break their 6 month lease and move out early and have stayed more than short term 45 days ?
I agree with you that the person didn't know what they were talking about, but did confirm - when pressed - that the laws applied equally to non-backpackers and non-itinerants, which they'd have to. It's an absurdly written document.
Brisbane City Council doesn't talk about "by blood", though; it's about how many households there are. You can be an unconventional family unit - such as a polygamous family, or a share household, or whatever - but to be one household, you have to want to be bound together as a household, and they take into account things such as not having any locks separating you, being jointly and severally liable for household rent debt, whether - if the house burned down - you'd all move together to a new place or go your separate ways, whether you share meals and food, etc. There is no one overriding criterion, they look at the overall situation.
So three uni friends who search for a house and sign a lease for a share house together are 1 household.
A house with 3 bedrooms where the owner advertises rooms, and 3 randoms sign up for a room each, is 3 households.
