Source: Radio New Zealand
Four people were sent to hospital after youths clashed at a party at a short-term rental in the Auckland suburb of Mount Albert last month. RNZ / Jessica Hopkins
Explainer – A person was left seriously injured after violence broke out during a party at a short-stay rental in Auckland’s Mt Albert recently.
Police say the incident was isolated, but neighbours say this is not the first time wild parties have been held by people at the property, which is available for rent on several sites – including Booking.com and Airbnb.
So what are the rights and responsibilities that hosts and guests have in these short-term arrangements?
The popularity of short-stay rentals, booked through sites like Airbnb, Bookabach, and Booking.com, has led to controversy before.
While they provide convenient accommodation options for tourists and visitors, they have been linked to driving up rental prices for locals and making housing unaffordable.
But some short-stay rentals are used as party pads, and the guests don’t always feel they have to be considerate to their neighbours.
Supplied
Residents near the Mt Albert property after the 27 March brawl told RNZ they were growing frustrated after several wild parties at the property and a property next door, which were owned by the same landlord.
One local, Anna McKessar, said there was a party a couple of years ago where cars were trashed on the street and neighbours’ fences were destroyed.
Quan Shu, the host of the Mt Albert property told RNZ he was frustrated by ongoing damage caused to the house by different renters over the years.
Shu said he was “extremely concerned” to hear about what had occurred, claiming himself to be the “most serious victim”.
Damage worth thousands of dollars had been done to the property, and his company would have to pay for repairs pending claims to the booking platform, if any would be paid out, he said.
In a media release to RNZ, Booking.com said it was currently investigating the incident.
“We are sorry to hear of the distress experienced by local residents on Phyllis Street. The health and safety of our customers, partners and local communities is a key priority for Booking.com.”
A Booking.com page for the Mt Albert house trashed in March is still on the website. Screenshot
How do you become a short-stay rental host in the first place?
It’s relatively easy to become a short-stay rental host, but there are few checks throughout the process.
RNZ attempted to set up properties with both Airbnb and Booking.com, and found that, verification notwithstanding, a listing could be set up in about 15 minutes.
Both platforms required hosts to some degree to verify their identities and the address at which the property is located.
Essentially, anyone with a house in a reasonable condition can become a host, so long as they are able to verify those details.
On both platforms, hosts are able to select whether parties are allowed – but regulating whether or not they actually happen is another issue.
Some people use the platform to let out their own home while they’re away.
Others, including several hosts that RNZ spoke to, list their property for short-term stays on a more longer-term basis.
What are the rights and obligations of being a short-term rental host?
Both Airbnb and Booking.com have policies explaining how hosts are expected to behave and outlining their obligations.
In its community guidelines, Booking.com emphasises the importance of respecting guests, providing a safe environment, and ensuring reasonable privacy expectations are met.
It told RNZ accommodation partners were expected to adhere to its trust andsafety policies, including operating responsibly within their local communities.
“We provide tools on our platform that enable accommodation partners to set occupancy limits and clear house rules, including a ‘No Parties’ policy, which guests must read and agree to before booking.”
Booking.com advises hosts to get in touch with guests if there are any instances of misconduct, and if it amounts to a criminal offence, to report it to law enforcement.
“In the rare event we are made aware of unlawful or disruptive behaviour at a listed property, we investigate thoroughly, cooperate with local authorities where appropriate, and take necessary action, including removing listings or blocking customer and/or partner accounts,” it said.
Hosts are able to request damage deposits, and if anything goes wrong, they can report guests to the site through its misconduct reporting feature.
Airbnb did not wish to comment when contacted by RNZ. AFP
When contacted, Airbnb did not wish to make a statement about its rentals to RNZ.
However, on its website, Airbnb’s host expectations underscore the importance of reliability, cleanliness, safety, clear communication and respect for property, and require hosts to keep all payments on the Airbnb site.
The platform also provides a dispute resolution service, through which hosts can request reimbursement for damage to their property.
Otago resident Hannah Gentile lets out two cottages near Queenstown on a short-term basis, and told RNZ she believed a host’s primary responsibility was to create a space in which guests could enjoy their holiday.
“People typically book these because they don’t want a hotel or a motel. They want something that is like home, but in a new space.”
The host needed to provide everything that guests might require during their stay, but also should make their experience a little more personal and immersive, she said.
Megan Lawrence, who has two properties on short-stay sites, told RNZ it was most important for hosts to provide a clear and honest representation in their listing.
“I’m responsible for delivering and offering them what they believe they’ve signed up for, so that when they arrive… the property is as has been stated. I think that’s the key thing.”
Joe Casey, who lets out a Waikato property on Airbnb, said hosts should also make sure to provide clear instructions for their guests.
What about guests’ rights and responsibilities? What shouldn’t they do?
Booking.com’s community guidelines also apply to guests – they are expected to respect the host and ensure their physical safety and privacy.
In its safety tips for travellers, it puts the onus on the tenant to ensure they choose the right property for their needs, and ensure that they stay safe during their stay.
It also reminds guests to be considerate of the community and contact law enforcement and the company if they encounter verbal or physical misconduct from the host.
In Airbnb’s guidelines, guests are similarly expected to be considerate to the surrounding community, respect the host and their property, and follow the house’s rules.
Rubbish left behind at the Mt Albert property. RNZ / Jessica Hopkins
Casey said he thought guests should be expected to leave things reasonably tidy after they leave.
“I’ve got a cleaning fee, but I still really appreciate it when they do their dishes and sort of just don’t leave it like absolute pigsty.”
His guests were almost always considerate and tidy, he said.
“I’ve been pretty lucky.”
Gentile said she thought short-stay hosts sometimes “get a bit too screwed up” about guests’ responsibilities.
“The guest’s responsibility really is just to appreciate that it’s somebody’s place and not to put holes in the wall, or do something that’s not on the instructions that you get with the property.
“I don’t expect them to clean. I don’t expect them to necessarily interact with me. They can if they want to.”
Lawrence agreed. Airbnb’s double rating system meant that “overzealous” hosts often could rate guests badly just because they didn’t clean up to their standards, she said.
“As someone who travels, sometimes it’s a lot easier just to book a motel or a hotel and know that you could just walk out and it doesn’t matter if you’ve left a dirty cup in the sink or, you know, things like that.”
She liked to think guests would respect the property and treat it as their own, but they paid a cleaning fee for a reason, she said.
All the hosts RNZ spoke to agreed parties had no place at their rentals.
What are the rules? Can anyone start a rental?
Councils have so far been limited in their ability or appetite to regulate short-stay rentals.
There have been some efforts to restrict or raise charges on it in areas like the McKenzie District and South Wairarapa, but there has been no significant regulation on it.
Auckland City Council told RNZ short-term rentals in residential areas were permitted under the Auckland Unitary Plan, which means a resource consent is not required.
“Auckland Council’s regulatory role and oversight of this kind of operation is limited.
“In terms of areas the council regulates (for example noise, building safety), the rules for short-term rentals are the same for any other dwelling.”
Christine Fletcher. LDR
But councillor Christine Fletcher told RNZ the council needed to ensure it was meeting its obligations. She said she was concerned Auckland was experiencing an increase in events like the violence at the party in Phyllis Street.
The council’s official position was that the governing body could consider the option of a plan change, if it were proven that there was an increase in out-of-control parties in short-term rentals.
The council was also commencing a review of the Public Safety and Nuisance Bylaw later this year, and would review whether it could address the issue through that mechanism.
How much scrutiny is given to the host and their property?
The short-stay rental market relies largely on self-policing, with Airbnb and Booking.com both leaning heavily on reviews and complaints to monitor and manage hosts.
“Our community relies on relevant, authentic, and trustworthy reviews to help hosts improve and let future guests know what to expect,” Airbnb’s website says.
Hosts and guests are given 14 days following the stay to review one another.
Only people who have stayed are able to leave a review, so if the booking is cancelled before the day of check-in, neither party will be able to comment.
Airbnb shows an average listing rating on each property, and an overall average host rating from all of their listings out of five stars. Booking.com allows guests to review their stay from one to 10 based on their overall experience.
A host’s overall guest score is based on an average of all their reviews over the past three years, weighted by recency – so more recent scores have a larger impact on the overall score.
Guests can also rate hosts on both platforms based on things like cleanliness, location, and overall value.
Casey agreed that Airbnb used a hands-off approach, relying on reviews to manage hosts and guests, but he had communicated with the company from time to time.
“When we had a bit of flooding I’ve had to cancel bookings because the roads were flooded and stuff like that.
“But I’ve never had to chase them up for anything and they’ve actually been really good regarding that.”
Reviews were the best way to make sure the property was a good fit, he said.
“Read the reviews to get a proper understanding of… what people actually think of it.”
Do they have to let their neighbours know first?
No, hosts do not have to let their neighbours know before putting their house up on a short-term rental site. But it could be polite to do so.
Airbnb advises that letting neighbours know in advance can be a good way to avoid getting complaints.
Can neighbours complain about guests or are they out of luck?
Yes, neighbours can complain about unruly tenants or make a noise complaint – but it’s easier to do on Airbnb than on Booking.com.
Airbnb provides a service called neighbourhood support, where neighbours can contact the company directly with their complaints.
Booking.com does not have this feature, so neighbours have to reach out to the property owner directly to make any complaints.
People whose temporary neighbours are particularly disturbing can also make a noise complaint by calling their local council or through their website.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
