Airbnb and subletting – what you should know

Posted on 28 November 2019

Airbnb has transformed the way people seek accommodation, and the phenomenon for staying in other people’s homes shows no signs of slowing down.

There has been a massive growth in people using the platform within Victoria, and while this is fantastic for our tourism industry, there are some implications for homeowners who decide to place their property up for short stay rental.


In 2018 the Owners Corporations Amendment (Short-stay Accommodation) Act 2018 was passed in Victorian parliament effectively placing much more responsibility on the owner of a property that is being sublet, as well as the tenant.


The new legislation provides an allowance for other homeowners to make a complaint about guests who are making excessive noise, creating health and safety hazards, blocking access to common areas, interfering with owners or other guests, or damaging any part of the apartment complex. With greater legal rights, homeowners can now escalate issues to the owner’s corporation or even VCAT.


If your property is a strata title there are issues relating to shared walls and common areas. Buildings may experience extra costs for the maintenance and repairs of common areas as a result of increased use, and they may also be more susceptible to security issues as people are constantly coming and going.


These concerns are understandable for people who choose to live in their properties long-term – it is their home and they are reluctant to see it turn into a hotel. Owners corporations have long sought to implement rules and regulations to mandate how these properties are utilized, however state legislation has made it difficult to enforce new rules.


At Melcorp Strata our team is well versed in all the legal implications of short-term rentals within a building. We implement systems and processes to handle short-term rentals within the buildings we manage, and our priority is to look out for the best interests of all homeowners and residents – we want to ensure a harmonious community.


If you need assistance with the way your building is adjusting to Airbnb, talk to one of our Commercial strata management today and call us on (03) 8638 1822 or speak to your relevant Strata Manager. At Melcorp Real Estate we offer free rental appraisals. Contact us for more information.


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