• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Freedman & Gopalan Solicitors
  • Home
  • About Us
  • Practice Areas
    • Adoption
    • Civil Disputes & Litigation
    • Contesting & Challenging a Will
    • Conveyancing
    • Debt Recovery
    • Divorce & Family Law
    • Employment Law
    • Wills & Estates Planning
  • Team
    • Harry Norman Freedman
    • Mittu Gopalan
    • Nikita Sofronov
    • Maneesha G Zacharias
    • Jasmin Talj
  • Testimonials
  • Blog
  • Affiliations
  • Contact Us
  • Privacy Policy

Your Lease Up in the Air – the Airbnb Subletting Saga

February 9, 2017 By Fredman & Gopalan Solicitors

 

airbnb
Airbnb has made renting out your property incredibly easy – but are your tenants taking advantage of this too?

Everyone loves a scoring a bargain and Airbnb has made this incredibly easy to do. Especially those of us looking to find cheap accommodation, rather than paying for a hotel.

However, whilst booking an Airbnb to stay in may be all good and fun, renting out your apartment for some spare cash on Airbnb is not always as fun.

There are obviously risks in renting out either your entire home, or part of your home. Whether It be worrying about tenants raiding your drawers, eating your cereal, or even annoying your poor cat, Bobby. But for those that don’t have such fears, Airbnb is a good way to make some small income without doing too much.

Recently, however, Airbnb has been subject to scrutiny thanks to the illegal subletting of properties.

What is Subletting?

Subletting is when you (as the original tenant) rent out all or part of your rental property making you the head-tenant.  This means that you effectively become as legally responsible as a landlord.  If you wish to sublet your property, you should always obtain written consent from your landlord.  In most cases, unless there is a good enough reason, a landlord must give permission to sublet the property.

If its legal, why is it an issue on Airbnb?

If a tenant rents out your property on Airbnb, and proceeds to sublet the apartment to someone else they often do so at a profitable rate. This has obvious issues both legally and morally. For one, now you have to worry about several people raiding your drawers, eating your cereal and scaring your cat. Secondly, you could be liable for any issues that might occur on your property, which you have no control over. This means that should any of the subletting tenants injure themselves on your property, or have an accident that led to your home being damaged, you being the owner, would be liable. Furthermore, if something were to occur, then  depending on your insurance policy, your insurance policy may become voided, and you will be left out to dry, whilst the tenants and sub-tenants get to walk free.

The main issue with this matter, is the reluctance of Airbnb to act upon the issue, meaning tenants are essentially on their own.

To avoid this from happening to your beloved home, your belongings and your pets, make sure to do your research. Check your strata bylaws if you are renting out your apartment for any clauses, and try keep into constant contact with your tenants.

If you think this may be happening on your property, be sure to check for listings on common accommodation and leasing websites such as Domain, realestate.com, stayz and of course, Airbnb.

If you believe someone is illegally sub-letting your property, or have a tenancy issue that you require assistance with contact us on 02 8917 8700  or fill out the enquiry box and we will get back to you ASAP..

Filed Under: News

Primary Sidebar

Our first half hour consultation is free!
Available 24/7!
Call Us Today 02 8917 8700

Get In Touch

    Best time to contact you: (required)
    WeekdaysAfter hours or weekends

    Which area of law is your enquiry related to? (required)

    Footer

    Freedman & Gopalan Solicitors

    We help real people, just like you. Our experience combined with expertise enable us to deliver prompt and efficient legal services to you. We aim to resolve disputes amicably without parties having to litigate; thereby keeping costs to a minimum. We take the worry off our clients.

    Our Location

    Contact Us

    • Level 6/60 York Street, Sydney NSW 2000
    • 02 8917 8700
    • 02 8917 8799
    • [email protected]

    Copyright © 2022 · Website hosting by Lift Legal Marketing · Log in