Victorian tenants evicted for running Airbnb

A Victorian landlord succeeded in the Victorian Supreme Court to evict her tenants for subleasing her St Kilda apartment on Airbnb without her consent.

The tenant unsuccessfully argued that the Airbnb occupancy was similar to a ‘lodger’ or a hotel guest and that landlord’s consent was not required because the occupancy was not permanent and therefore not a sublease. However, the Court found otherwise and the landlord had the right to terminate the tenancy agreement and evict the tenant. The major factor that led the Court to this conclusion is that the tenant leased the entire apartment on Airbnb.

 

What’s the position in Queensland?

Our view is that Queensland will follow Victoria’s lead in determining that an Airbnb occupancy will be deemed a lease if an Airbnb guest has exclusive use of the entire rental property.

In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 and the standard Form 18a General Tenancy Agreement provide that tenants must obtain landlord’s consent in writing for any sublease and landlord’s consent must not be unreasonably withheld.

If you are a landlord or tenant and you have concerns about your rental property and Airbnb, please contact a member of our Property Group for an initial consultation to discuss your rights and options.