Best Practice – Short-Term Rental

Dot your i’s and cross all those t’s before letting your home out to temporary tenants

By Esther de Villiers 15 Dec 2021

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3 min read

Best practice when it comes to responsible short-term letting at Kingswood Golf Estate (KGE) is always worth a relook, with the summer season now here and the issue invariably resurfacing in what may be billed the making-a-festive-buck context.

Observe these rules for the sake of fellow residents’ peace of mind The regulations pertaining to short-term letting at KGE are stipulated clearly and categorically in the Homeowners Association Constitution. But just in case you’re a little rusty on this particular matter, and can’t remember where you’ve saved your copy of the constitution, do peruse the pointers below before embarking on a marketing campaign to rent out your Kingswood abode.

No one expects the Inquisition …

… but these are the questions you should ponder before booking a classified in the local rag, or going wild on social media to spread the word of your Kingswood accommodation vacancy:

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  • Who should you notify before renting out your property or part thereof?
  • Can you market your property on digital platforms like Airbnb?
  • What are the correct procedures around security and access control for short-term tenants?
  • What role does the Homeowners Association (HOA) play, and do trustees have responsibilities around short-term rentals?
  • Must tenants sign any documentation in addition to their residential lease?

B&B dreams? No thumbs up, no go …

According to point 8.8 of the Kingswood HOA Constitution, members are not allowed to let their property ‘by way of any short-term B&B or self-catering type of activity’ without the member and managing estate agent being registered and approved by the Association for conducting such an activity.

‘In these instances, the member and/or the estate agent will be required to comply with the Association rules for this activity, which may be modified from time to time.’

Spotlight on agents

Only estate or property agents registered by the Association may be employed in the sale or letting of any property at KGE, and such registration may be withdrawn by the HOA according to discretionary considerations.

‘Such agents must operate on a by-appointment basis. They may not erect any for sale or showhouse or sold boards, or any other signboards whatsoever,’ according to the constitution.

Another absolute requirement is that agents must personally accompany prospective buyers or tenants to and from the property, arriving and departing from the appropriate security gatehouses.

Agents will be registered only after signing an agreement with the Association, which constitutes a binding agreement and confirms that the agent will abide by stipulated procedures applicable to the sale or letting of property on the estate.

House rules rule

Agents are obliged, primarily, to make any buyer aware of the house rules, constitution, building deadlines and any other relevant considerations applicable to ownership or occupancy.

‘Any document prepared by the agent containing an offer of sale or an offer to purchase must include such clauses as the Association may require from time to time to ensure compliance with the matters envisaged in this clause.’

In order for tenants of leased properties to abide by all rules, regulations and requirements, the property’s letting agent is obliged to supply the tenants with copies of the constitution and house rules.

Right of admission reserved

Members or their agents are required to give the Association prior notice of any tenants or guests who are to occupy members’ properties in their absence. This may be done in writing or by telephoning the office and providing the names of tenants or guests, as well as the exact dates of their occupancy.

Tenants are obliged to register at the offices of the Association within one working day of arrival, and to sign a declaration that they are acquainted with the Kingswood Golf Estate House Rules and Constitution.

Only once tenants have in this way accepted that these rules are binding on them, will they be able to ‘legally’ move in and enjoy the spoils of this magnificent estate.

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