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


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

World champion surfer's shark repellent solution

Dual world champion surfer Tom Carroll is surfing Lennox Head this week to educate local wave-riders about potential shark repelling devices.

Surfboard device to benefit sharks and surfers

Tower built, now the recruits are coming

THAT'S A WRAP: Members of the Ballina Scope Club hand over a donation to Ballina Marine Rescue of $3300. The money was raised through gift-wrapping in the lead-up to Christmas.

Influx of new recruits could be put down to the new building

A splash of cash for community

CASH AVAILABLE: At the launch of the ETC community fund's grants are (from left) ETC chair Rod McKelvey and previous recipients from the House With No Steps, local initiatives co-ordinator Tori Smith and area manager Tina Purdon.

$120,000 up for grabs for community groups

Local Partners

Club cyclists have a wheely good weekend

WHEN it comes to club cycling. it's all about good sportsmanship, having a go and overcoming those pesky headwinds no matter your grade.

REVIEW: Under the Gun doco looks at right to bear arms

ARMED: A still from the 2016 documentary film Under the Gun by Stephanie Soechtig.

An in-depth look into America's gun culture.

Messing with your head

MIND BLOWN: What could be weirder than the realisation that we have another completely separate brain and nervous system than the one originating in our heads?

Fascinating connection between your gut and your brain

Sir Elton John coming to Mackay: What you need to know

Sir Elton will come to Mackay and Cairns in September.

Tickets to the concert go on sale on March 14

The true cause of the Oscars bungle

THE Oscars have ended with a moment that left everyone speechless — but not in a way anyone expected.

HUGE OSCARS FAIL: Wrong film handed Best Picture award

Presenter Warren Beatty shows the envelope with the actual winner for best picture as host Jimmy Kimmel, left, looks on at the Oscars on Sunday, Feb. 26, 2017, at the Dolby Theatre in Los Angeles. The winner was originally announced as La La Land, but was later corrected to Moonlight.

IN A monumental stuff-up, La La Land incorrectly named Best Picture.

Blue Heelers' Ditch Davey joins 800 Words cast

Ditch Davey joins the cast of 800 Words as Terry, the younger brother of George, played by Erik Thomson.

George Turner's brother, Terry, arrives to Weld with a 'few demons'

Oscars winners 2017: Full list of Academy Award winners

Viola Davis accepts the award for best actress in a supporting role for Fences at the Oscars on Sunday, Feb. 26, 2017, at the Dolby Theatre in Los Angeles.

WHO won Oscars this year? Here’s a full list of every winner.

Why can’t Nicole Kidman clap properly?

Nicole Kidman's style of clapping has puzzled Oscars viewers.

FOR some reason, it seems Nicole doesn’t really know how to clap.

Muslim actor makes Oscars history

Mahershala Ali accepts the award for best actor in a supporting role for Moonlight at the Oscars on Sunday, Feb. 26, 2017, at the Dolby Theatre in Los Angeles.

MOONLIGHT star Mahershala Ali makes Academy Award history.

NO ONE OFF LIMITS: Kimmel burns down the house at Oscars

Host Jimmy Kimmel speaks at the Oscars on Sunday, Feb. 26, 2017, at the Dolby Theatre in Los Angeles.

HOST delivers a torrent of abuse on Hollywood’s night of nights.

Mining homes dive: $600k homes sell for $120k-$300k

18 Yeates Street, Moranbah sold for $135,000 in December, after being repossessed by a bank. The owners bought for $545,000 in August, 2011.

The economy still has two speeds, but with a painful twist

The trick homeowners are using to buy more properties

Chantelle Subritzky leaves her home each week for Airbnb guests.

Queenslanders are going down this path to help pay their mortgages

Stunning home blends South Pacific beauty with Orient style

Immaculate residence with two outdoor living areas

$140k damage: landlord says property trashed, contaminated

He had what he calls "the tenants from hell"

Submarine, buses and 3000 tyres removed in $100K clean up

The list of things removed from this property is beyond astonishing

Ready to SELL your property?

Post Your Ad Here!