Imagine you’ve just bought your new home and as your settling in, a knock at the door startles you. Could it be your friendly neighbours welcoming you? Or could it be your unexpected Airbnb tenant?
Airbnb’s vs Tenancy Agreements
In Queensland, when selling a residential property, the Seller is obligated to disclose any relevant tenancy agreements that are in place at the time of settlement. Consequently, the Buyer assumes the property is subject to those tenancies, meaning they can only take possession of the property once the disclosed tenants vacate. This disclosure process ensures transparency and safeguards the Buyer’s interests.
However, the situation becomes murkier when the Seller decides to lease out all or part of their property through Airbnb, especially in the realm of an increasingly unregulated industry. Could you, as the new homeowner, be faced with the unexpected appearance of someone who previously booked the property through Airbnb? The answer, fortunately, is “No.”
In cases where the Seller fails to disclose an Airbnb rental agreement in the Contract, the Buyer is not obligated to honour any rental obligations. Therefore, if you receive an unexpected visitor at your new home claiming to have a booking through Airbnb, and the Seller never disclosed such an agreement, you can rest assured that you are not bound by any rental commitments.
Importance of Conveyancing Solicitors
Despite this reassuring response, navigating the complexities of property transactions, particularly in an evolving and sometimes ambiguous landscape, can be challenging. This is where the expertise of a Conveyancing Solicitor becomes invaluable. A Conveyancing Solicitor specialises in property law and is well-versed in the intricacies of real estate transactions. They possess the knowledge and experience to carefully review all legal documents, including contracts, tenancy agreements, and disclosure statements. Their meticulous attention to detail will help you identify any potential issues and hidden liabilities, explain your position and assist in navigating unprecedented situations (should they arise), safeguarding you from unpleasant surprises after moving into your home.
Contact our Conveyancing team today before buying your next home to ensure a smooth and hassle-free experience, with no unexpected guests…
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
Greenhalgh Pickard’s Conveyancing Team
