Definition/Interpretation.

In these By-laws.

“Guest” is the person occupying and residing in a Short Let Unit;

“Licence” means the licence granted by The Mayor to a Licensee to operate Short Let in Short Let Unit in accordance to the terms of the Licence;

“Licensee” means any person who holds a current Licence under these By-laws;

“Operator” is the Owner or the Operator of the Short Let Unit or is a person employed or appointed by the owner or is a tenant of Short Let Unit and who wishes to conduct the business of Short Let in the Short Let Unit;

“Owner” means the person(s) or entity(ies) who has the legal or beneficial title or any other interest in the Short Let Unit.

“Short Let” means the trade where the Operator allows a Short Let Unit to be let under a contractual licence to the Guest in exchange for payment and/or consideration on a temporary basis for a period not more than thirty (30) consecutive days and where such occupation is not subject to residential tenancy agreement or lease;

“Short Let Unit” means a privately owned property approved and constructed for commercial use which allows occupancy under Licence;

“Technical Specification Plan” means plans containing the technical information of the Short Let Unit or building relating to fire fighting equipment or fire safety installation, fire escapes, fire risers, removal of fire-hazard and other information required by the Fire and Rescue Department Malaysia, Sabah branch; and


Prohibition on carrying on Short Let without Licence.

(a) No Operator shall use any building or part thereof for Short Let except in accordance with a Licence granted by The Mayor.

(b) The Mayor may, in his absolute discretion, grant or refuse a Licence, or grant a Licence subject to such conditions as he thinks fit.

© The Mayor may consider granting a Licence to the Operator if and only if:-

(i) the intended Short Let Unit is operated in a building which had planning approval for commercial use and was so constructed with a certificate of fitness for occupation;

(ii) in the sole and absolute discretion of The Mayor such building is suitable for operating the business of Short Let;

(iii) the Operator has delivered to The Mayor the Technical Specification Plan for the Short Let Unit approved by the Fire and Rescue Department Malaysia, Sabah;

(iv) The Mayor is satisfied that the terms of the document of title of the land in which the Short Let Unit is constructed on allows for commercial use;

(v) the Operator has delivered to The Mayor a copy of insurance policies for the Short Let Unit covering fire, public liability, personal injury, theft to a limit of not less than Ringgit Malaysia One Million (RM1,000,000.00) per claim;

(vi) the Operator is in possession of a Trading Licence under the Trade Licensing Ordinance (Sabah Cap. 144);

(vii) The Mayor is satisfied that the Short Let Unit is within a project that was marketed with disclosure that commercial use is intended and allowed; and

(viii) the fees prescribed in the First Schedule has been paid.

Provided that The Mayor may waive, vary or add any other conditions before granting the Licence.

“House guests” who have booked their units online are in law mere “licensees” who have been allowed to enter the licensor’s parcel for a consideration. No proprietary rights passed to them.

There is no landlord-tenant relationship between them and tenancies exempt from registration pursuant to S 213 NLC does not apply to them.