Auckland waterfront tenancy terminated over Airbnb sublet

It was decided to end tenancy of the Quay St property on April 12. Image / Google

Two people living in an Auckland waterfront apartment had their tenancy abruptly end after they allegedly sublet it on Airbnb.

The landlord wanted to end their tenancy because the Quay St apartment was advertised and rented on Airbnb, which was a breach of the tenancy agreement, according to the Tenancy Tribunal.

The tenancy was for a fixed term but after the application was filed the tenants, Jian Cui and Dong Ma, handed in 21 days' notice.

This was accepted by the landlord.

There was discussion at the hearing about if the tenancy could end immediately, which was the landlord's initial preference.

However, it was decided to end the tenancy on April 12.

The tribunal granted possession to The Rent Shop Ltd, at midnight that day.

No decision was made by the tribunal regarding if the tenancy was used unlawfully as an Airbnb.

This was deemed unnecessary considering both parties agreed to terminate the tenancy.

However, the landlord wants to file an application for an account of profits and for exemplary damages.