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.

Career on wheels just flies right by for Desiree

MILESTONE: Desiree Phillips will be celebrating 21 years with Tewantin Noosa Meals on Wheels on Sunday.

Desiree will be celebrating an important milestone on Sunday

Making an arty stand for turtles

GREEN ART: Sunshine Beach State School students with their art that raises awareness of the impact our rubbish has on local sea creatures.

Enviro art makes a stand against rubbish

Challenge to pool erosion zone ban

The highlighted property at Peregian Beach that has led to a legal challenge to Noosa Council.

Court challenge to council pool refusal at Peregian Beach

Local Partners

Important issues to be discussed at Noosa Indaba

THE Noosa community will come together to discuss social issues at Noosa CQUniversity on October 28.

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

Former Split Enz front man Tim Finn finds new niche

Singer Tim Finn has written the music for theatre production Ladies in Black.

Musician finds his way to theatre

Tattoo convention opens on Coast

MAKING MARKS: Tattoo by Joey Tattoo, one of the guests at the Ink Attack Tattoo Convention.

Elites of tattoo world visit Coast

Priscilla concerned people will forget about Elvis

Priscilla Presley source Bang

She says she feels responsible to keep his legacy going

Taylor Swift files lawsuit over alleged groping

Taylor Swift source Bang

Swift has commenced legal action against a DJ over the incident

Kanye West threatens to boycott Grammys

West says he won't go to the Grammys if Frank Ocean's not nominated

Why this actress wasn't embarrassed by nude photo leak

Leslie Jones source Bang

'If you wanna see Leslie Jones naked, just ask,' she said

Dad's Army comic genius Jim Perry dies

Jimmy Perry, the creator of Dad's Army.

Dad's Army series captured all that British people savour

Check out some fashions from the Coast festival

FASHION: Ocean Zen range.

Images from the Sunshine Coast Fashion Festival show what's hot

Hinterland horse stud passed in for $8.25 million

UNREAL: This Maleny estate is incredible.

12-bedroom hinterland horse stud still available

Hit songwriter's Noosa mansion on market

SPECIAL PLACE: The Cintamani estate is going to tender, marketed by Tom Offermann Real Estate.

Is this Queensland's best property?

Kiwi siblings snap up Dotcom mansion for $32.5m

The new toy company owners of the Coatesville mansion want replace any controversy with positivity and fun. Photo / Barfoot and Thompson

The trio paid $32.5 million for the property in June

New $200 million development will create 580 jobs

Cassie And Josh with baby Alfie and daughter Andee. They have bought at new Lennox Head development Epiq.

Majority of new positions will be given to Northern Rivers locals

Give me shelter - but perhaps not in this park

Some regular users of Cotton Tree Park have bagged the new shelter sheds, saying the roofs are too high to provide adequate protection from the sun and rain.

Users say no cover in new shelters

Cherrabah's mega resort plans axed

PLANS for a massive development at Cherrabah have been scrapped.