Legal stoush as landlord catches tenant renting St Kilda apartment on Airbnb

TENANTS of a St Kilda apartment block are locked in a landmark legal battle for renting their home on Airbnb without their landlord’s permission.

The kitchen of the property described as being located at the “Paris end” of Fitzroy St.

TENANTS of a St Kilda apartment block are locked in a landmark legal battle for renting their home on Airbnb without their landlord’s permission.

Barbara Uecker and Michael Greaves are facing Supreme Court action for charging guests $74 a night to stay at their “Art Deco Treetop Escape” in the “Paris end” of Fitzroy St.

Ms Uecker, a former ABC children’s television executive, and a listed host on the popular short-stay website, writes that she loves helping visitors “get the most” out of the thriving bayside suburb.

“I can guide you to my favourite eateries, tell you where the best coffee is, and help you find any other tourist information you might need,” Ms Uecker writes.

The pair recently prevailed in a battle in the Victorian Civil and Administrative Tribunal.

Their landlord, Catherine Swan, had sought to end their tenancy, arguing they had breached residential tenancy laws by subletting the apartment without her consent.

Barbara Uecker.

The so-called “Art Deco Treetop Escape”.

Real estate agents Ray White claimed to have found the Airbnb listing after Ms Swan received a tip-off from neighbours.

But in a decision that will have widespread ramifications for Victorian landlords, tribunal member Kylea Campana declared that the pair were licensing the two-bedroom home, not subletting it.

“The tenants submit that under the terms of the Airbnb agreement, they maintain their right to revoke the licence and eject the guests.

“Without an entitlement to exclusive possession, I am satisfied that the nature of the legal relationship between the tenants and Airbnb guests was not a tenancy.

$74 per night can buy you breakfast on the balcony of the “Art Deco Treetop Escape”.

The living room of the St Kilda property at the heart of the dispute.

“In my view, this was not a lease but a licence to occupy,” Ms Campana said in her March 24 decision.

She described Airbnb’s relationship with the residential tenancy market as what Uber is to the taxi industry: “Unregulated and controversial.”

Ms Swan, from Frankston South, last week lodged an application for leave to appeal to the Supreme Court, attaching an affidavit by Ray White real estate agent Matt White.

The Herald Sun was unable to contact Ms Swan for comment.

Contacted by the Herald Sun, Mr Greaves said that he and Ms Uecker were unaware of the Supreme Court action.

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@AngusGthompson