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.

Driver dies after crash on Bruce Hwy near Proserpine

Ambulance generic

Serious two vehicle crash shuts the Bruce Hwy

Cannonvale residents say 'we do want net'

THUMBS DOWN: Not everyone is happy with the decision to remove the stinger net at Cannonvale Beach.

Community want Cannonvale stinger net.

Property manager debates need for hotel

CONCERNED: Property manager Sue Watson is worried about a proposal for a new high rise hotel

The fiery debate on whether Airlie needs another high-rise hotel

Local Partners

Property manager debates need for hotel

Fight for Airlie group criticises council report reccomending addition of a 200-room hotel

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

Tim Finn headlining at Airlie Beach Music Festival

Music veteran Tim Finn from New Zealand will headline the Airlie Beach Music Festival.

Tim Finn: "It's the kind of festival that artists love"

CMC organisers: No more pre-sale tickets will be sold

US country music group The Dixie Chicks. Supplied by Chugg Entertainment.

UPDATE: Plenty of people unhappy with process

The Bachelorette: Courtney too slow for Georgia's love train

Courtney Dober in a scene from The Bachelorette.

FORMER favourite eliminated after introducing Georgia to his family.

Women embrace own body diversity

ON THE MOVE: Embrace director Taryn Brumfitt filming in Paris

Embrace puts body image stereotypes in the bin.

Singing ex-diplomat brings Afghanistan war to life

Folk singer Fred Smith's concert draws on his experience as a diplomat in Afghanistan.

Fred Smith's regional Queensland tour focuses on the Afghanistan war

Shaynna'a blazing a stylish trail on television

Shaynna Blaze hosts the new TV show Deadline Design.

SHE'S the designer with no less than three shows on ours screens.

Ciara felt "empowered" after losing her baby weight


The 'I Bet' hitmaker was glad to drop the 60 pounds

Kim Kardashian West had tape tied around head in hold-up

Kim Kardashian West

"One of the gang kept telling her to shut up."

What our mayor thinks of the new draft SEQPlan

The plan to use the innovative technology as part of the new Maroochydore CBD was cemented on site today when Mayor Mark Jamieson and Envac Asia Region president Chun Yong Ha formally signed the contract for the $20 million underground waste collection system.

New plan accommodates Sunshine Coast Council's vision for growth.

Dusit Thani finance crisis 'just a small hiccup'

ON TRACK: Springfield Land Chairman, Maha Sinnathamby, Ipswich Mayor Paul Pisasale, Developer Richard Turner and Springfield Land Deputy Chairman, Bob Sharpless, at the recent resort sod turning ceremony.

Property developer says project remains firmly on track

Heavyweight enters real estate market

Des Besanko principal and director of Raine and Horne Springfield.

Major rebranding which has seen two big name brands merge

Peppers expected to fetch $15m


Peppers sale attracts Chinese interest.

SEQ is the 'greatest market': property guru John McGrath

SPEAKER: John McGrath of McGrath Estate Agents is today's guest speaker at the Better Business Breakfast.

SEQ is the "greatest" real estate market, says property guru.

Bank could add towns to 'high-risk' home loan list

Suburban housing in Glenvale, Toowoomba, Friday, October 17, 2014. Photo Kevin Farmer / The Chronicle

NEW Gladstone region towns could be added unwanted bank list.