find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
‘Significant legal issues’ posed by rental platforms

‘Significant legal issues’ posed by rental platforms

House

The number of disputes related to home-sharing platforms such as Airbnb is on the rise, according to the Legal Services Commission of South Australia.

The sharing economy poses new legal issues and risks for both renters and landlords. Chris Boundy, a lawyer and manager at the Legal Services Commission of SA, said in a statement that Adelaide’s ‘Mad March’ tourism season is leading to increased complaints from neighbours about short-term rentals.

“Short-term online holiday rentals are becoming increasingly popular and leading to rising numbers of disputes,” he said.

“Home-sharing can potentially affect a householder’s insurance and mortgage contracts, as well as by-laws covering community title and strata title properties.

“People should also be aware of council regulations relating to matters such as zoning and neighbourhood noise.”

Mr Boundy said the LSC has been receiving a growing number of inquiries about the laws and regulations relevant to home-sharing.

“The inquiries come from both sides of the fence. Some callers are unhappy about neighbouring properties being regularly used for short-term stays, while others want to rent out their homes,” he said.

Mr Boundy said the legal implications vary depending on the type of property.

“If you’re a renter who plans to list your home on an accommodation-sharing site, you should check with your insurer that it would cover damage caused by paying guests,” he said.

“It may also be argued that SA laws can require a renter to get their landlord’s permission before making the property available to other people through short-term holiday contracts.”

In a strata title property, such as an apartment or unit, on the other hand, the strata corporation cannot prevent the owner or occupant from letting the residence out for paid short-term holiday bookings, Mr Boundy said.

“However, the strata corporation must be notified about any change in occupancy, and the short-term paying guests must not create undue noise or interfere with other residents’ enjoyment of the property.

“Fines of up to $500 can apply if the accommodation-sharing breaches strata title or community title rules.”

He added that certain by-laws affect community title properties such as apartments and units.

“The by-laws of a community title corporation may prevent owners or occupiers from offering their home to paying guests for stays of less than two months,” he said.

“If approval is granted for short-term stays, your guests must not unreasonably disturb other members of the community title property, must use the correct parking space, and must not adversely interfere with shared facilities, such as lifts and stairs.”

Mr Boundy advised that residents should attempt to resolve matters amicably with their neighbours before resorting to legal action.

“If residents have concerns about the leasing of a neighbouring property, we recommend they start by constructively raising the matter with their neighbour, adopting a friendly approach, and remaining mindful of the neighbour’s perspective,” he said.

“You should seek legal advice before starting any legal proceedings. The Legal Services Commission is funded by the SA and Commonwealth governments, and offers free legal advice and information about strata title and community title matters.”

Online platforms are also changing Australian workplaces, according to a 2016 report from Corrs Chambers Westgarth.

The report noted that digital technologies are causing changes in workplace relations and safety, cyber security and work culture.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

‘Significant legal issues’ posed by rental platforms
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
microphone
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
protest
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Blocked
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...