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Can a by-law be created for the OC to penalise (be it financially and/or an order for eviction) of a tenant who offers a room or the entire premises for short term letting without the approval of the landlord?
I ask because a couple of years ago my tenants without my knowledge let alone consent rented out a room (when they lived there) and later the whole apartment (when they went on vacation) via AB&B. They refused to comply with my requests to cease and desist. They laughed at my concern that the insurance I had would be voided if short term letting was taking place. My insurer confirmed that in writing. They laughed harder when I told them that AB&B when I contacted them informed me that company policy is to “stand by the hosts”. AB&B and the tenants had no come back when I said “the hosts have no right to offer to you my premises”.
Long story short: I managed to stop the short term letting only by going to NCAT and pointing out that doing so was a breach of the Residential Tenancy Agreement (from memory the key was no sub lets for periods under 90 days). Meanwhile for weeks I was uninsured by virtue of the tenants’ contempt for the Agreement they themselves signed. While I won, the effort in time, money and frustration was a major burden. The tenants no doubt were aware that the worst they could expect was to be told by NCAT to cease and desist. No penalties were ordered. In fact, while I was pleased with NCAT’s decision, I pity their new landlord as they now know there is little downside to ignoring their obligations.
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