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This link below backs up JT’s AFR article about leases.
https://www.pageseager.com.au/airbnb-licences-may-actually-be-leases/
However, the link raises an interesting conundrum about whether the owner has provided a ‘lease’ or a ‘license to occupy’ the property in the situation where a short term tenant is not given exclusive possession of the whole of the property.
In situations where the owner locks off one of the bedrooms to store their personal possessions, or where the owner locks off the garage space and keeps their car in the garage for the duration of the short term stay, may both have an impact on the determination as to whether the ‘tenant’ has been given exclusive possession of the whole property.
The two scenarios above are more likely to occur when an owner retains a physical connection to the property, albeit intermittently.
This is clearly different from those owners who have no physical connection to the property apart from operating it as a business.
If exclusive use of the whole property is not provided then it could be argued that the owner has merely provided a “license to occupy” rather than a “lease”. A ‘license to occupy’ would probably not trigger a breach of Section 258.
Another hurdle to be resolved through the Courts, no doubt!