This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Airbnb is a sub-lease and renters must get permission first

A Supreme Court case, on June 10 2016, held that renters had breached their lease when they rented out their property on Airbnb.

A Supreme Court case, on June 10 2016, held that renters had breached their lease when they rented out their property on Airbnb. This reverses a VCAT decision earlier this year, which found that renting out a rental agreement through Airbnb was a licence, not a sub-lease. The judge formed this conclusion because the renters had rented out their entire apartment, not just one room. Under the Residential Tenancies Act 1997, renters must get their rental provider's permission before they sub-let their rental accommodation. This permission cannot be withheld unreasonably.

See Co-rental, sub-rental or licence?

Updated