Launceston unit owner fights body corporate to continue renting guest bedroom on Airbnb

A West Launceston unit owner is fighting for her right to rent her guest bedroom on Airbnb. FULL STORY >>

Amber Wilson

@ambervwilson

less than 2 min read

January 26, 2022 - 12:52PM

Police & Courts

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A LAUNCESTON body corporate has taken legal action against the owners of a unit for advertising and leasing out their guest bedroom for short stays on Airbnb.

The body corporate says the owners have breached a by-law by renting out the room while continuing to reside in the Duke Street, West Launceston, unit.

Last October, after an application by the body corporate, the recorder of titles ordered the pair to discontinue marketing or renting out the room on Airbnb or any similar short-stay platforms.

But now, the pair has appealed to the Tasmanian Civil and Administrative Tribunal, winning a stay of that order until a final decision is reached.

They have argued the recorder of titles made mistakes in finding a breach of the by-law by renting out one bedroom rather than the entire unit.

They also argued the by-law was void as it was outside the powers of the legislation and was inconsistent with the local planning scheme.

Logo of the online lodging service Airbnb displayed on a tablet in Paris. (Photo by Lionel BONAVENTURE / AFP)

One of the owners, Eliza Allan, argued she’d purchased the property specifically budgeting for income by hosting guests.

She said she checked the by-laws before buying the unit and checked with her lawyers, and that she’d been financially burdened by demands of payment of the body corporate’s legal fees and threats of fines for non-compliance.

“She contends that the law is not clear around the issue, there being a dearth of precedent,” tribunal senior member Richard Grueber said.

Ms Allan also argued the body corporate’s application to the recorder of titles was “frivolous, vexatious, misconceived or lacking in substance” and based on complaints from another unit owner.

Senior member Grueber, in his newly-published decision, said there was a lack of precedent in similar cases, and that Ms Allan seemed to have a valid basis to argue errors had been made.

He granted her application for a stay on the order until the substantive matter had been decided.

A full hearing for Ms Allan’s appeal will be held on April 7.