The $ 27,000 leaseholder secretly hosts Airbnb's guests at a house he did not live in, told her to give her a net profit.
For 14 months, Michelle Havthorne led the board, under the conditions of her lease, in the leafy suburbs of Taupo.
Havthorne did not live on the property. She was paying $ 380 a week for rent, but offered $ 105 a night on the net and left her for 261 days over 14 months to March 2018.
Her landlord, who managed it privately, heard about the business of Airbnb by a local business. The landlord has asked Jane Bennett to take over the management from the housing director.
"I directly found the property on Airbnb, with a photo of the person (tenants) and photos of the interior," Bennet said.
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"She had five stars and was" superhost. "Behavior was unusual."
Bennett went to rent to talk to Havthorne, but he met two foreigners.
"They thought I was Michel, I called her and told her that I met her guests of Airbnb."
The Havthorne lease agreement did not permit the filing of the property.
However, it was ordered to return the net profit of its Airbnb operation – instead of full revenue from Airbnb guests.
At the tribunal's hearing in May, Havthorne did not deny that he had collected the property of the bird area.
However, it provided $ 14,167 for rental costs and $ 3,000 for electricity and internet bills as the cost of managing Airbnb business.
Her lawyer asked that these costs be deducted from the gross income of the business [$27,445].
Random judge, A Macpherson, said that "tenants should not be a position in which they retain profits from committing an unlawful process."
However, Macferson said she could impose similar penalties on comparable cases in the District Court and the Appellate Court.
Accordingly, she asked Havthorne to pay only a net profit of $ 10,278, as a gain account.
In total, Havthorne was ordered to pay $ 13,311, including $ 2,000 for "feelings of compensation" and $ 950 in damages.
The tribunal's order stated that Hatorna had acted "not in complete neglect," but rather in "naïve blindness".
Bennett, who manages the management company with the Properti Store, represented the landlord at the hearing.
"We've never found such things before," she said.
"Such a shortage of property for rent is Taupo and she did not need a house – she did not live there. We could rent a house for the family it deserves."
Bennett said that tenancy insurance is likely to be canceled when the property starts as a guest house.
"For example, if the property was burned and found to be illegally obstructed, the landlord's insurance might not have paid off."
At the tribunal, the tenant's lawyer asked the landlord to contribute to the costs of his defense attorney, arguing that the lessee had no other option but to seek legal representation in view of the level of compensation claimed by the landlord.
The claim for compensation was originally $ 19,370, then $ 48,924, and subsequently it was changed to a total of $ 25,052, when Havthorne discovered the value of Airbnb's revenue.
The judge rejected this request, saying it was not appropriate.
Things talked to Havthorne's lawyer, but they did not get a response from Havthorne.