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Byron Shire
June 24, 2024

Report illegal holiday-letting to Council

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Doug Luke, Co-ordinator VOHL.

Victims of Holiday Letting (VOHL) congratulate Byron Shire Council on their recent update on their website of information about illegal short term holiday letting (STHL) in our shire. Council recognises that holiday letting damages residential amenity. 

Quoting from this information ‘Holiday letting is not a new issue. Council resolutions, bought about due to the rise in complaints, on the subject of STHL date back to 2003. Complaints include:

  • Prohibited development in residential areas
  • Loss of neighbourhood amenity
  • Noise and antisocial behaviour, particularly from late-night parties
  • Excessive numbers of people and cars
  • Parking which may block driveways or impede visibility and traffic movement
  • Excess or poorly managed garbage.

In addition to these adverse impacts, housing affordability and stock has also became an issue with houses being purchased specifically for holiday letting purposes, therefore decreasing the available stock in the rental market.’

Council is currently using a number of options to prosecute illegal holiday letting. This includes prosecution in the NSW Land and Environment Court.

On Council’s webpage is a tab to report problem, illegal holiday letting. We urge all residents who have their residential amenity damaged by illegal holiday letting to report it to council enforcement. You do not have to tolerate this damage.



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  1. Bring on the prosecutions against illegal holiday letting Byron Shire Council. At last count, October 2017, there were 2650 homes in our Shire listed on Airbnb. That represents 17% of the Shire’s housing stock. Forget about affordable rental in Byron Bay.

    Prosecution by Council includes class 5 criminal prosecution in the Land and Environment Court. When Council wins, and all the legal precedents support their case, then not only will the illegal holiday let owner have to pay Council’s legal fees but they will have to pay a fine up to $1.1 million. For each day continuing to illegally holiday let past the order date to cease holiday letting a further fine of $110,000/day applies. Corporations pay higher fines.

    Illegal holiday lets, save yourself a heap of money and a bunch of headaches by ceasing holiday letting in Byron Shire today. Don’t be a crook. Abide by the law

  2. Thank you VOHL for bringing this important info to my attention. Thank you Council for starting prosecution of illegal holiday letting in the LEC. Very long overdue but very relieved that this has started.

    I have had an illegal holiday let next to me for almost 3 years. Extremely badly managed by the owner who bought the property to just illegally holiday let. I read the list of damage that can happen from holiday letting which was provided by Council. Every single item listed has damaged our residential amenity. The last problem happened nearly 2 weeks ago with the holiday let occupants returning from a night partying in Byron CBD at 2am. They continued their party.The Police shut them up at 3am. No wonder holiday letting has such a poor reputation in Byron Shire.

    I know all the so called arguments about the benefits of illegal holiday letting. But, the disadvantages outweigh the advantages. Those who are financially benefiting from illegal holiday letting, such as real estate agents and management businesses, are aiding and abetting an illegal activity.

    I have researched all the legal cases against illegal holiday letting. Because of these precedents I am 100%confident that Council will win. With this case as a Byron Shire precedent I will launch my own case as a class 4 action in the LEC against the out of control illegal holiday let that is my neighbour. I hope many others do the same. Enough is enough!


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