The landlord of a Melbourne apartment listed on the accommodation sharing site is set to appeal a VCAT decision allowing tenants Barbara Uecker and Michael Greaves to continue offering their home to paying guests, the Herald Sun reports. Last month, the pair won their case at the Victorian Civil and Administrative Tribunal, where tribunal member Kylea Campana found that they were licensing the two-bedroom St Kilda flat, not subletting it. The landmark decision could have implications for landlords and councils around Australia, which have been trying to clamp down on Airbnb rentals.
My thoughts on this: The law in Australia appears to be quite different from landlord tenant law in the USA. In the USA, it does not matter whether a principal tenant's sublet to other renters, cause them to be tenants, or not. A stipulation on the lease that "no subletting" is permitted, means no sub-renting, means that principal tenants cannot rent the unit or any part of it to others, under any circumstances. Apparently in Australia there is a distinction made if the subletting does not involve tenancy. Even so, I would think that if the landlord does not want others paying to occupy her property, she should have the authority to specify that in a lease. However she may not be able to change a lease with existing renters.