Appeal – is an Airbnb guest a sub-tenant?

That significance is amplified by:

1. the Victorian Supreme Court decision in Janusauskas v Director of Housing [2014] VSC 650, which upheld a decision from the Tribunal in Director of Housing v Janusaukas (Residential Tenancies) [2014] VCAT 42 to make a possession order when a public housing tenant had used his apartment on a similar website known as ‘Couchsurfing’. In that case, the Tribunal found that the arrangements between the tenant and the ‘couch surfers’ constituted a sub-lease; and
2. the recent VCAT decision of Alex Taxis Pty Ltd v Knight (Residential Tenancies)[2016] VCAT 528 in which VCAT held that guests from Airbnb did not occupy the residence as sub-tenants (see paras [30] to [31]).

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