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  1. #1

    Default Private and Air BNB subletting - Landlord Recourse Options?

    My tenants have sublet my entire property privately and an individual room on Air BNB during the year. How have people dealt with this situation?

    Some facts about my situation:


    • Tenancy agreement did not allow for subletting and all tenants needed to be named on the bond.
    • Revenue is probably less than $2,000 therefore profits wont' be huge: Air BNB listing has now been removed but minimum 5 reviews and estimating 10 – 15 days (I've saved the listing in a pdf), privately rented for a minimum of 8 days.
    • Tenant has disputed the claims once I raised the issue with them but eventually confessed and said no profits were made.
    • Recent court cases have calculated compensation based off: Air BNB revenue less proportionate rent of the property less expenses.
    • The tenants have generally been ok but we have had a few issues with them; Air BNB subletting, privately subletting (8 people stayed in a 2 bed flat over xmas/new years eve with a shared wall which kept my wife and I up) and the tenants smoked which was prohibited


    I believe I should receive the profits from the tenants from subletting (private and through an agent ie Air BNB). However obtaining the information to calculate an accurate profit will be difficult without going through a formal disputes process (time is probably not worth the money). Therefore a token amount may be the quickest and easiest way to resolve the situation, although the tenants will likely fight that too.

  2. #2

    Default

    I think you are wasting your time.

  3. #3
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,296

    Default

    I'd just give them a 90 day notice. They don't sound like good tenants.
    Squadly dinky do!

  4. #4
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,663

    Default

    There was a newspaper article recently about a case where the LL was awarded the gross proceeds of the Airbnb letting, not the profits.
    And reviews are not an indication of the number of stays. Not all guests leave reviews.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  5. #5

    Default

    I ended up ignoring the issue. Bigger life problems came up and it wasn't worth worrying about.

    I think that any profit calculations from AirBnB subletting should exclude the cost of the rent. The rent is a sunk cost unrelated to the AirBnB renting.


 

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