Home-Sharing in South Australia: Protecting the Rights of Hosts, Guests, and Neighbours

Abstract

Internet facilitated home-sharing services like Airbnb present new  challenges for South Australian law because they appear to create seemingly novel legal relationships. This article considers whether South Australian law adequately protects the rights of hosts, guests and neighbours who are affected by home-sharing agreements. It argues, first, that home-sharing is currently a legal activity and land use in most of South Australia; secondly, that the relationships between host and guest are capable of being recognised under residential tenancy and property law; and thirdly, that while current legislation protects home-sharing neighbours living in strata housing, the law of private nuisance is not capable of protecting the rest. This article concludes that the rights of the host and guest are capable of being recognised and regulated by existing domestic law; however, it suggests that local councils should set up home-sharing complaints systems to protect neighbours.