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.

Multiple fires along the Warrego Highway

Ripley Rural Fire Fighter George Ganzenmuller attempts to put out a grass fire which was burning on a block of land on Ripley Road at Ripley. File image from 2007.
Photo: Rob Williams / The Queensland Times

Firefighters extinguish multiple grass fires along Warrego Highway

Agriculture tour inspires future plans

BRIGHT FUTURE: High school students got a hands-on experience with a drone at the UQ Campus on the third day of the 2016 Ag Inspirations Tour.

High school students experienced the 2016 Ag Inspo Tour.

Local Partners

Harley's standing out from the crowd for a cause

WHEN Harley Roberts competes on his BMX he stands out from the crowd.

WATCH: NASA space station is live, see the view from above

In this picture taken from NASA's International Space Station from April 2015, the SpaceX Dragon is captured with the 57.7-foot-long Canadarm2 robotic arm before its installation to the Harmony module.

See the world from a new perspective as space station passes Rocky

Community garden set for Palmwoods

Kay Nixon at the Palmwoods Community Gardens will be hosting a launch day and inviting the ecommunity to come along and sign up.

Parcel of land to supply sustainable gardening for community

Barry Gibb is coming to Bluesfest 2017

FANS: Barry Gibb talks to a fan next to a cardboard cutout of his young self.

Aged 70, Gibb has re-launched his solo music career with a new album

Mariah Carey and James Packer discussing relationship

Mariah Carey and James Packer are discussing how to work things out

January Jones: Take time away from your phone

January Jones needs time away from her phone

Mel C won't return to Spice Girls for daughter

MEL C is adamant she won't reunite with the Spice Girls

60's British rock legends to return to Australia

The Troggs will play a string of dates across Australia in November.  Photo Contributed

We all remember 'Wild Thing' and now you can hear it live.

Depp jumps ship from agency of 25 years

Johnny Depp has signed to CAA after 25 years with the United

Orlando Bloom 'buried' Katy Perry in birthday flowers

Orlando Bloom "buried" Katy Perry in flowers for her birthday

Want to own one of Australia's best restaurants?

TOP GONG: Mooloolaba Spice Bar has been named in TripAdvisor's Top 10 Australian restaurants for 2016.

Here's your chance to pick up one of the Coast's favourite eateries

Tough times in CBD: Woolies says goodbye Ipswich

Woolworths in the Ipswich Mall.Photo: Rob Williams / The Queensland Times

The last day of trading will be January 1

Look at me! Kath and Kim home up for sale

Kath and Kim from the iconic Aussie TV series.

'Crack open the Baileys and grab a box of BBQ Shapes'

How to fit 100,000 new homes on the Coast

Property, real estate, housing, suburb,  August 2016

Fitting 2m extra people in south-east Qld in 25 years a balance

Hinterland horse stud passed in for $8.25 million

UNREAL: This Maleny estate is incredible.

12-bedroom hinterland horse stud still available

Ready to SELL your property?

Post Your Ad Here!