Sub-letting on Airbnb is ruled illegal: Judge finds former ABC executive broke her lease agreement by putting the apartment she rented on the home-sharing site

  • Melbourne tenant Barbara Uecker will be evicted for subletting on airbnb
  • A court found that she and tenant Michael Greaves broke their lease
  • Justice Clyde Croft ruled in favour of landlord Catherine Swan on Friday
  • Ms Uecker charged guests $74 a night for the St Kilda apartment
  • Ms Swan tried to kick Ms Uecker out after realising property was on Airbnb 

By BRIANNE TOLJ and EMILY CRANE FOR DAILY MAIL AUSTRALIA and AAP

Published: | Updated:

Melbourne tenants who listed their rented apartment on Airbnb broke their own lease agreement by doing so, a court has ruled.

Supreme Court Justice Clyde Croft's finding on Friday comes after a battle between the owner of a St Kilda apartment, Catherine Swan, and her two tenants, former ABC executive Barbara Uecker and Michael Greaves. 

The fight went to the Victorian Civil and Administrative Tribunal after Ms Swan tried to kick the pair out of her apartment in January because they had listed it as available on the popular short-stay website.

Melbourne tenants who listed their rented St Kilda apartment (pictured) on Airbnb broke their own lease agreement by doing so 

Melbourne tenants who listed their rented St Kilda apartment (pictured) on Airbnb broke their own lease agreement by doing so 

Tenant Barbara Uecker
Landlord Catherine Swan

Supreme Court Justice Clyde Croft ruled on Friday in favour of landlord Catherine Swan (right), evicting tenants Michael Greaves and former ABC executive Barbara Uecker (left) 

VCAT ruled in the tenants' favour, finding Airbnb listings - for a room or entire apartment - should be classed as a licence, rather than a lease, as guests didn't have exclusive possession of the property.

Ms Uecker and Mr Greaves were charging guests $74 a night to stay in the two bedroom apartment they described as an 'Art Deco Treetop Escape' in the 'Paris End' of Fitzroy Street. 

Ms Swan launched an appeal in the Supreme Court, where her lawyer, Jason Pizer QC, argued listing an entire apartment was effectively leasing it.

Ms Swan tried to evict the pair out of her apartment (pictured) in January after finding it on the popular short-stay website for $74 a night

Ms Swan tried to evict the pair out of her apartment (pictured) in January after finding it on the popular short-stay website for $74 a night

The fight went to the Victorian Civil and Administrative Tribunal after Ms Swan tried to kick the pair out but the VCAT ruled in the tenants' favour 

The fight went to the Victorian Civil and Administrative Tribunal after Ms Swan tried to kick the pair out but the VCAT ruled in the tenants' favour 

The court ruled in her favour.

Justice Clyde Croft found that by entering into the Airbnb agreement, Ms Uecker and Mr Greaves were subletting the apartment and subsequently breaching the provisions of their own lease.

In handing down his findings Justice Croft warned against using this appeal as some sort of test case for the legality of Airbnb in Victoria.

Ms Swan launched an appeal in the Supreme Court, where her lawyer, Jason Pizer QC, argued listing an entire apartment (pictured) was effectively leasing it 

Ms Swan launched an appeal in the Supreme Court, where her lawyer, Jason Pizer QC, argued listing an entire apartment (pictured) was effectively leasing it 

Justice Clyde Croft found that by entering into the Airbnb agreement, Ms Uecker and Mr Greaves were subletting the apartment (pictured) and subsequently breaching the provisions of their own lease 

Justice Clyde Croft found that by entering into the Airbnb agreement, Ms Uecker and Mr Greaves were subletting the apartment (pictured) and subsequently breaching the provisions of their own lease 

Justice Croft said the appeal was about the particular circumstances of this lease.

Ms Swam will take possession of the apartment again.

She told The Sydney Morning Herald that she was 'very pleased' with the ruling.

'It gives landlords like me confidence that the persons they lease the property to are the persons who will be living there,' she said. 

Ms Swan said she will be altering the lease for the apartment banning any 'house sharing.'  

Justice Croft said the appeal was about the particular circumstances of this lease 

Justice Croft said the appeal was about the particular circumstances of this lease 

 

 

 

 

Melbourne

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