Airbnb ruling

Discussion in 'Airbnb & Short Term Letting' started by Wall Street, 10th Jun, 2016.

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  1. Wall Street

    Wall Street Well-Known Member

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    In the news this morning...

    Court rules against Melbourne Airbnb tenants

    In this case it was a tenant listing the room in breach of the lease.

    I doubt it would affect OOs unless there are owners corp restrictions.

    Happy Friday!
     
  2. larrylarry

    larrylarry Well-Known Member

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  3. Ted Varrick

    Ted Varrick Well-Known Member

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    Any NSW Strata owners that do short term lets should have their front doors nailed shut and Super-Glued by their 10 nearest neighbours.

    Just in case they don't get the message.
     
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  4. Casteller

    Casteller Well-Known Member

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    Air bnb is a scourge for permanent residents of a city. Ban it, like they have here.
     
  5. larrylarry

    larrylarry Well-Known Member

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  6. Ted Varrick

    Ted Varrick Well-Known Member

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    Larryx2, can you think any reason why AirBnB would be not detrimental to immediate neighbours, and how their should be reinbursed for their pain.

    I suggest the Owners Corporation impose a short term let fee of $500 per night for any owner (specifically in NSW, but I'm not sure how it would work in other states) that decides to indulge in in short term lets (including AirBnB) to help alleviate any other residents distress,
     
  7. larrylarry

    larrylarry Well-Known Member

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    I don't know the answers but certainly airbnb will be a topic of interest as it becomes more popular.
     
  8. legallyblonde

    legallyblonde Well-Known Member

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    I think that article is overly dramatic... Although I do feel for the guy who was super careful meeting with accountant ect... he was clearly trying to do the right thing.
     
  9. jodes

    jodes Well-Known Member

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    Hi Ted,
    Can I ask why you are so anti-Airbnb? I have posted this in another forum but am personally baffled why people are so against it.
    In our (strata) building of ten, we have airbnb'd in the past. All of our guests were quiet, kept to themselves and caused no damage.
    By comparison, our next door neighbour (tenant) comes home drunk all the time and vomited on our newly laid common area carpets. We are still trying to get her to pay for it (6 months later) as she left it there for 3 days before finally cleaning it up and it left a stain. We have another tenant one floor down that smokes in the outdoor area and it comes through the door and penetrates our entire building. Our neighbours below us (who are owners) have ridiculously loud parties all the time.

    Just because you are an Airbnb guest doesn't mean you are renting out to trash someones house- this is by far the exception. And just because you are a tenant or even owner doesn't mean you are going to be perfectly behaved either. Airbnb has some great ways to vet potential guests- you look at their past reviews, social media etc and only accept those you are satisfied with. By comparison, owners can't be vetted and tenant vetting processes are particularly comprehensive.
     
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  10. Ted Varrick

    Ted Varrick Well-Known Member

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    Hi Jodes,

    Your experience with your current neighbours sounds really awful.

    Common areas are really the responsbility of the OC, and I would assume unless there were some kind of evidence that your neighbour had the technicolour yawn, then unfortunately the OC has to cough up for the cleaning (which, in fairness, should be emphasised to that neighbour by having a few other neighbours doing a bunch of shots and then knocking on her door and, when she opens it, giving her a collective practical example of "See the rainbow, taste the rainbow!"

    Your resident smoker is going to be covered by the new bylaws from 30/11/16 regarding nuisance.

    Your neighbours below are subject to the same noise bylaws as everybody else, and if you arent a Committee member, you should be, and the Committee should be dropping a hammer on these idiots, so they stop giving other residents the S H 1 Thompsons.

    Alternatively, if one decided to go rogue, off the top of my head I might purchase a Marshall Quadbox with a 400W head, and then play the greatest hits of Nana Mascouri and Glen Campbell on repeat or maybe

    and then go stay at a hotel for a day or two.

    I suppose what I am saying is:-

    1. I'm glad I dont live in your block as our block has it's own noise issues, and

    2. Short term lets introduce a much higher probability that neighbours are going to have noise issues, despite your careful vetting, and it's only those neighbours that suffer.

    I hope this helps reduce your level of bafflement.

    TV
     
    Last edited: 8th Feb, 2017
  11. rambotrader

    rambotrader Well-Known Member

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    Airbnb is a curse on many communities and is being banned in some places around the world. Anybody living near one of these places would understand why and landlords mostly have higher costs and inconsistent rentals in this market.
    Good luck to those who use it. I won't be other than as a traveller.
     
  12. Tony3008

    Tony3008 Well-Known Member

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    Strata building by-laws restricting short-stay letting, including Airbnb, declared ‘invalid’ by Fair Trading

    JIMMY THOMSON JUL 7, 2017

    All by-laws restricting Airbnb and other short-stay letting in residential-only apartment blocks are invalid, according to NSW Fair Trading.

    Only weeks before the discussion paper on new holiday letting legislation is released, Fair Trading has modified its Strata Living handbook to warn strata committees and owners corporations that they can’t pass by-laws restricting holiday lets.

    “Strata laws prevent an owners corporation restricting an owner from letting their lot, including short-term letting,” says a recent amendment to Strata Living. “The only way short-term letting can be restricted is by council planning regulations.” .....

    Strata building by-laws restricting Airbnb declared 'invalid' by Fair Trading
     
  13. is_don_is_good

    is_don_is_good Well-Known Member

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    I find it funny that people are pretending that they know their entire building and that airbnb is somehow a plague in inner city Melbourne or Sydney.

    In inner city Melb and Syd it's very transient and for the most part people barely know or recognise anyone they end up in the lift with. It is in no way comparable to the situation in NY, San Fran, Amsterdam or Barcelona.

    Sit near any entrance of a large unit block in the Melbourne CBD and you won't be able to tell who is an airbnb guest checking in/out or who is family or friends visiting international students.
     
  14. Tink

    Tink Well-Known Member

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  15. rambotrader

    rambotrader Well-Known Member

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    Check out the growing number of cities around the world where Airbnb is severely curtailed.
    This industry, like all rentals, could work if landlords were decent people and controlled their rentals. Show me a landlord who asks for a bond and clearly states that deposit forfeited if party conducted or more people than maximum allowable. We all know landlords will not do that...so you get a hit and miss. Some good, some horrors.
    The laws changed around Australia about 5 years ago when councils were forced, kicking and screaming all the way, to close down residential homes turned into venues. I know because I played a big part in this after years of agitating at all levels of government and sending to media outlets. The BS still happens in a few places with new owners trying it on again but the worst is over.
    I congratulate you if your business is properly run but we will have to agree to disagree that FAMILY HOMES is an acceptable place to open a hotel. The day you and other landlords in the business have their neighbour turn their house into a house of horror you will understand the value of family life and why it is important for that not to be destroyed.
     
  16. Ted Varrick

    Ted Varrick Well-Known Member

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  17. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Member

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    I think the planning proposal highlights some short stay rentals are very good and others arent. That is why its up for consultation with the community to determine how to best regulate or allow self regulation so that those who may be affected adversely can seek remedy.

    There are benefits to owners, tourism and many others from good short term stays.