Property

Tenants renting rooms on Airbnb breaching lease

TENANTS are advertising their rental properties on Airbnb and breaching their tenancy agreement by doing so.

Residential Tenancy Authority (RTA) CEO Darren Barlow said there are sub-letting rules that must be followed and if they're not, it would be considered a breach of the tenancy agreement.

"Tenants must get permission in writing from the owner or property manager before sub-letting a rental property.

"Owners/property managers have the right to know and approve of all people living in the rental property.

"If the tenant sub-lets a property without written permission from the owner, it would be considered a breach of the tenancy agreement and the owner/property manager can issue a notice to remedy breach, allowing the tenant seven days to remedy the breach.

"If the issue is not resolved after this time, the owner/property manager can issue the tenant with a notice to leave, giving the tenant 14 days to leave the property," Mr Barlow said.

A landlord in Victoria recently won the right to evict her tenants after they rented out her property on Airbnb.

The landmark ruling found the tenants breached their lease but only because they sub-let entire property through, not just a single room.

Airbnb recommend hosts read their lease agreement and check with their landlords before posting a rental property to make sure there is no prohibition against sub-letting or any other restriction against hosting.

A Queensland property owner, who asked not to be named, said he recently discovered his tenants advertising his property on Airbnb.

"I contacted my real estate immediately. They then got in touch with their training consultants and the tenants were issued with a notice to remedy breach."

In the notice to remedy breach, the tenants were advised they were breaching the following sections of their lease agreement:

Division 6 rights and obligation concerning the premises during tenancy
Subdivision 1 occupation and use of premises

21 Tenant's use of premises 

(1) The tenant may use the premises only as a place of residence or mainly as a place of residence or for another use allowed under a special term.

(2) The tenant must not -

(a) use the premises for an illegal purpose

(c) interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant

23 Number of occupants allowed

No more than the number of persons stated in this agreement for item 15 may reside at the premises.

Addendum B - Special Terms

3 During Occupancy

(1) The tenant agrees that only the persons nominated in Addendum A - Additional Items - Item (C) or as specified on the Application for Tenancy... Approval must be sought from the lessor / lessor's agent for any other persons to reside on the premises during the tenancy.

6 Insurance/Indemnity

(1) The tenant will not by act or omission do anything which would cause any increase in the premium of any insurance the lessor may have over the premises (or their contents) or cause such insurance policy to be invalidated.

(3) The Tenant may not grant other person's a licence to occupy or use the whole or part of the premises for the Tenant's commercial gain, whether by written or verbal agreement with the other person/s, without the Landlord's consent having been first obtained. The Landlord must act reasonably.

Airbnb provides Host Protection Insurance, which acts as primary insurance and "provides liability coverage to hosts and, where applicable, their landlords, subject to certain conditions, limitations, and exclusions".

But again, they recommend hosts check how this policy interacts with any other insurances such as tenancy insurance because some "policies protect homeowners and renters from certain lawsuits that result from injury to a visitor", while others do not. 

Research by IAG found that one in two Airbnb or Stayz hosts incorrectly believed, or were unsure as to the extent their existing home insurance policy covered them in the sharing economy.

Topics:  airbnb insurance property tenant



Slaughterhouse nightmare: father's throat slashed with bull saw

Casino man Adam Paget needed critical transport to hospital by the Westpac Lifesaver Helicopter after cutting his throat with a butcher's saw.

'They didn't think he'd be able to talk, but he can, he just croaks'

Not good enough: our drink driving shame

New statistics paint a harrowing picture

The secret world of adult Lego fans

Adult fans of Lego have a huge community in Australia.

Lismore City Hall the backdrop for Lego fanatics for one more day.

Local Partners

Fresh calls for better broadband in regional Australia

'THE Government must take action to ensure that all Australians have access to reliable, high speed broadband': Medical association.


Celebrate our native Aussies on January 26

Davidsons plums are one of the foods native to our region. Made into a dipping sauce or marinade, they're perfect for an Australia Day barbecue. PHOTO: KATE O'NEILL

Spice up your Australia Day celebration with some local bush tucker

What's fresh at your local farmers' market

Chillies should be available at your local farmers' market. PHOTO: KATE O'NEILL

Chillies, figs, finger limes, eggplants are ripe for the eating

'More sick people will be jailed': Confusion over medical cannabis

There is ongoing confusion about the legalities surrounding medical cannabis.

Is it legal? Where can you get it? What are your rights?

Jennifer Aniston wants to return to TV

Jennifer Aniston is desperate to make a return to TV

Madonna hopes for election unity

Madonna hopes Donald Trump's election will "bring people together"

JK Rowling rules out Cursed Child trilogy

JK Rowling has ruled out a 'Cursed Child' movie trilogy

Buckley's chance in psychological thriller

James McAvoy and Betty Buckley in a scene from the movie Split.

Broadway veteran back on big screen with James McAvoy

Daniel MacPherson: acting’s a bit like channel surfing

Australian actor Daniel MacPherson in a scene from the American TV series APB.

THE Aussie export talks about making his mark in the US.

Shopping isn't fun if you can see dead people

Lisa Marie Woodham will be giving readings in Gladstone until Saturday January 21.

Shopping isn't fun if you can see dead people

Agents desperate for stock as homebuyers circle region

Coorabell houses had a whopping median sale price of $1.4 million.

Lower price ranges stand out as Coffs property best sellers

7 quirky Airbnb homes on the Northern Rivers

Broken Head Bodhi Treehouse

Stay in a shipping container or treehouse for your next holiday

Controversial Iron Gates development renamed

Raine and Horne

Peaceful, pristine and perfect is the new motto for Iron Gates

'That’s the nature of commercial reality': Lismore council

GAME CHANGER: The $13 million proposal by Quest proposal is for a three-storey complex featuring 41 serviced apartments, 53 on-site carparks, 24-hour on-site management, a gymnasium and modern guest facilities.

"It's a shame the development is no longer on the table"

Thousands of jobs part of $1b retirement village project

THIS YEAR: An artist impression of the new Aveo retirement village in Springfield.

Aveo Springfield unveiled this month, homes ready by July

Ready to SELL your property?

Post Your Ad Here!