Perth unit owner loses battle to rent out using Airbnb

A Perth accomodation host has lost a court battle to be allowed to let his Rivervale apartment to short-term tenants through Airbnb, raising questions about the future of the private accomodation platform in the city. 

The Court of Appeal last week dismissed Ceresa River apartment owner James Byrne's case that he should be entitled to sub-lease his home to visitors, sometimes for just days at a time, reported the WA Today.

The court upheld the Supreme Court of WA's original decision from May 2016 that his apartment strata had a by-law which prohibited letting an apartment for short term stays.

Many apartment complexes in Perth have by-laws which prefer residential tenants over short-stay visitors.

"There's no doubt that short-stay letting in residential buildings creates a high degree of angst for those who call the complex home,” Strata Community Australia WA president Scott Bellerby was quoted as saying by www.watoday.com.au.

"This case is being used to provide direction to the strata industry on a matter that is becoming more and more prevalent as short-stay letting increases in and around Perth," he said.

 The dismissal of this appeal, at least for now, provides some confidence to owners that the implementation of appropriate by-laws can help them to effectively manage this issue."

Property owners within a strata wanting to rent out using Airbnb would likely have to apply to introduce a short-stay clause into the building's by-laws, he added.

Sydney and Perth have been listed in the top 10 cities worldwide to make an income using services like Airbnb.