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Abstract

The short terms rental market, colloquially referred to as ‘Airbnb’ accommodation, has proliferated the Australian (and international) accommodation market. The number of rooms being made available per nights in Australia via sort term rental websites runs into the hundreds of thousands. Policy makers have generally been slow to respond to this ‘disruptive innovation’. It is particularly in strata title schemes where the legality of short term rentals is being tested. In this article consideration is given to a recent judgement of the Supreme Court of Appeal in Western Australia to uphold a decision of the State Administrative Tribunal whereby a short term rental arrangement in a strata complex was held to be without approval and hence a breach of the by-laws of the strata scheme. The judgement raises far reaching questions for short term rentals in the strata schemes and highlights the importance for policy guidance and regulatory involvement by state and local authorities

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