It’s becoming increasingly popular for many New Zealanders to let their holiday houses, or their main home, to short-term visitors. You may be facilitating this yourself, or you could be using a provider such as Airbnb or BookaBach that connects homeowners and visitors.
Whether you are currently letting your property for short-term visitor accommodation, or are considering doing so, we recommend that you give some thought to the following matters.
Your local council regulates short-term visitor accommodation activities, so it’s important to check its requirements; these can differ from council to council.
For smaller-scale or infrequent activities, you may only need to notify your local council of your activities.
If you are letting your house on a frequent basis, it’s more likely that resource consent will be required.
Do note that making your home available to family and/or friends at no charge, and letting your property long-term, are not activities regulated by your local council.
If you engage a provider such as Airbnb to connect you with visitors, you should carefully check the terms of your contract. You need to be clear on your rights and obligations, as well as those of your provider.
Your bank may have a security interest in your property. If so, the terms of your mortgage documentation will specify certain activities for which the consent of the bank will be required. One of these potential activities may include the letting of your property for short-term visitor accommodation.
We strongly recommend that you check with your bank as to whether it’s happy with the letting of your property in such a manner. It’s unlikely that your bank will take issue with such a proposal, but it’s prudent to keep it informed.
It’s always good practice to notify your insurer of your visitor accommodation activities. This will ensure that your insurance policy can be adjusted whilst your property is being let.
Health and safety
If you engage other people to look after the maintenance of your holiday house, it’s likely that your holiday house will need to comply with the Health and Safety at Work Act 2015. As someone who is responsible for a ‘workplace’ you must take all practicable steps to ensure that no workplace hazard causes harm to ‘workers’ such as gardeners, cleaners and tradespeople.
This legislation is complex, and it’s likely you will need some help with understanding your obligations and responsibilities.
It’s also important for you identify those parts of your property that may pose a possible hazard to your visitors (such as swimming pools, fireplaces and balconies).
By taking practical steps to address any potential hazards, you can ensure that your visitors have a safe and enjoyable stay.
There are likely to be tax implications if you’re letting out your house. We recommend that you contact your accountant/financial adviser to discuss your tax situation.
The short-term letting of private homes as visitor accommodation can benefit both homeowners and visitors alike. It is, however, important that as homeowners you are aware of, and take steps in respect of, the types of obligations we have highlighted above. If you’re unsure, please get in touch with us well before your first visitors arrive.
Disclaimer: All the information published in Fineprint articles is true and accurate to the best of the author’s knowledge. It should not be substituted for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are the views of the authors individually and do not necessarily reflect the view of this firm. Articles appearing in Fineprint may be reproduced with prior approval from the editor and credit being given to the source.
Copyright, NZ LAW Limited, 2016. Editor - Adrienne Olsen, em. email@example.com ph. 029 286 3650 or 04 496 5513