Melbourne apartment owner compensated for neighbour’s unruly Airbnb guest
They threw cigarettes and vomited over the balcony onto another property, but this Melbourne apartment owner is having the last laugh about his neighbour’s rowdy Airbnb guests.
VIC News
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A Melbourne resident who lived below a short-stay apartment that hosted rowdy parties has been awarded $1000, the first to reap compensation under legislation for “loss of amenity”.
Fed up with loud music and visitors vomiting and throwing cigarettes over the balcony, Danny Smulders took Melbourne Serviced Apartments to the Victorian Civil and Administrative Tribunal.
Laws introduced on February 1 last year gave the tribunal the power to award compensation of up to $2000 to residents in high-rise apartment buildings affected by unruly short-stay parties.
Mr Smulders said he was unable to open the windows on his sixth-floor apartment in the Platinum Tower on Southbank if the holiday accommodation above had been leased.
“As a result of the operation of (the seventh-floor apartment), my family and I are repeatedly denied quiet enjoyment of our home,” he wrote when applying to the tribunal for damages. “My family are subject to night after night of loud, offensive and dangerous behaviour.
“I simply cannot enjoy my property if I am unable to actually use my balcony while there are occupants above.
“I have on two occasions had to clean the vomit of complete strangers from my property, denying us the use of our own balcony. We often cannot open our windows. Many nights we cannot sleep.”
On March 10 last year, Mr Smulders said cigarette butts and a bloodied hand towel fell from the apartment onto the ledge outside his window “during a loud and offensive occupation”.
Luke Mellor, the owner of Melbourne Serviced Apartments, was ordered to attend a conference before a VCAT member on December 3. On that day, the parties settled the dispute and Mr Mellor agreed to pay Mr Smulders $1000.
Since the Owners Corporations Act was amended in February last year, VCAT has received five applications seeking compensation about short-stay accommodation.
But the four other matters did not proceed: one was struck out, two were withdrawn and another was dismissed because the applicants failed to attend the hearing.
Under the law, VCAT can also impose civil penalties on short-stay guests who breach the conduct standards. The behaviour that led to the dispute must have happened on or after February 1, 2019.
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