West Auckland tenant earns $18,229 from unlawful Airbnb, must repay landlord

The Tenancy Tribunal has ordered the tenant of a Titirangi property to refund the landlord the profits made by sub-letting it through Airbnb.

When a neighbour’s curious phone call prompted a West Auckland landlord to investigate, she discovered her rental property was listed on Airbnb without her knowledge or consent.

The tenant, Alyssa Albano Kath, has now been taken to the Tenancy Tribunal, where it was revealed she had earned $18,229 over the course of a year by hosting dozens of guests.

In a recently released decision, the tribunal ruled the arrangement was unlawful and ordered Kath to repay the profits to her landlord.

The tenancy agreement for the Titirangi property was signed by Kath and landlord Birgit Burkinshaw and explicitly prohibited short-term accommodation without written permission.

Burkinshaw told the tribunal she only became aware of the Airbnb activity in February 2024 after neighbours raised concerns.

A search of the Airbnb platform confirmed the property was listed, prompting Burkinshaw to confront the tenant on March 4, 2024.

There were no further bookings from this date.

Kath claimed the landlord had given her approval to rent out the site under Airbnb, however, an email proved otherwise.

In the March 2024 email, Burkinshaw said it could be a possibility but conditions would need to be discussed.

The tribunal found these communications did not amount to permission for short-term rentals and that Burkinshaw had acted swiftly once the activity was discovered.

Kath willingly provided documentation to the authority that showed between July 2023 and June 2024 the downstairs area of the house had been rented out 47 times.

“The landlord appears to have been altogether unaware of it until March 2024,” tenancy adjudicator Christian Lamdin said in the decision.

“On this information I am persuaded the tenant had not sought permission and the landlord had not given permission for the tenant to conduct an Airbnb enterprise.

“The defendant must give up the gains made to the party whose rights have been infringed.”

A dispute also arose in the tribunal that Kath had repeatedly denied access to the property in October 2024 while the landlord was trying to take people through before selling it.

The tribunal heard Kath was aggrieved after she came home one day and found Burkinshaw on the property with three other people.

The tribunal deemed the act minor and awarded Kath $200.

While the tribunal acknowledged the strained relationship between the parties, it found Kath’s refusal to allow entry was unreasonable, retaliatory and had financial consequences.

She had repeatedly requested the landlord provide information of whom she was bringing through, which the tribunal noted a landlord is not required to do.

“If a landlord wishes to keep their affairs private, as with a tenant, they have that right,” the decision said.

Burkinshaw claimed the delay in finalising the sale cost her $16,800 because of a drop in bank investment rates.

Matt Ball from the New Zealand Property Investors Federation said the case was unusual, but not unheard of and was a warning for landlords and tenants.

“Sub-letting does happen, but it’s important everyone is in agreement first and the rules around it are clear.

“That said, we wouldn’t recommend it for most landlords because you are giving away control over who is using your property. If you do allow sub-letting or holiday rentals, make sure your landlord insurance covers you in case anything goes wrong.”

Kath was ordered to repay the landlord the remaining profits of $14,029.88 after Airbnb cleaning costs and a bond were deducted.

Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.