Licensing failure lands short-term letting agent in court
- An unlicensed Mount Tamborine property agent who was paid to manage a short-term rental for an owner has been ordered to pay almost $24,000.
- Anyone managing rentals on behalf of owners, including through short-term letting platforms such as Airbnb, Stayz or Booking.com, requires a real estate licence.
- Office of Fair Trading says the case should be a warning to anyone carrying out unlicensed real estate activities.
Queensland’s Office of Fair Trading (OFT) has warned anyone working on short-term rental platforms as a property manager by letting properties and collecting rent on behalf of another person, to ensure they are appropriately licensed or risk facing prosecution.
The warning comes after a court ordered an unlicensed Mount Tamborine property manager, who was paid to host a property on short-term letting platforms, including Airbnb, Stayz and Booking.com, to pay almost $24,000 in fines, compensation and court costs.
Renee Anissa McCormack breached Queensland’s Property Occupations Act 2014 by providing letting and rental services without holding a real estate licence and receiving payment to act as a property agent when not licensed to do so.
McCormack was found guilty of two charges in Brisbane Magistrates Court for acting as an unlicensed real estate agent from 3 September 2022 to 16 February 2023 and being paid more than $4,000 for performing services she was not licensed to provide.
The court fined McCormack $5000 and ordered she repay a total of $9,594.70 in letting fees and expenses she kept during the period along with court costs of $9250. No conviction was recorded.
An OFT investigation found McCormack, who was the sole operator of her business Let it BnB, had an agreement with an owner to manage or ‘host’ their property.
McCormack undertook the duties of a real estate agent including advertising the property, letting the property, collecting rent and paying the rental income to the owner.
Fair Trading Commissioner Ben Griffin said the OFT would continue to take action where hosts or agents operated without the appropriate licence.
“Short-term letting platforms like Airbnb and Stayz are popular with Queenslanders, but it’s important to know that anyone who manages a property on behalf of others must have a licence,” Mr Griffin said.
"This is not just a technical breach of legislation, it also circumvents the consumer protections for property owners that come with engaging a licensed agent.
“These protections include a criminal history check, training and, most importantly, the requirement to keep rental monies in a trust account.
“While an owner can let their own properties on these platforms without being licensed, it’s a very different situation for anyone who does this on the owners’ behalf for a reward.
“Whether that person is negotiating the letting of the property for reward or collecting rent for others, they must be licensed under the Property Occupations Act 2014.”
If you believe an agent has been mishandling trust money you can lodge a complaint with the OFT online or call 13 QGOV (13 74 68).
ENDS
Media contact: media.relations@justice.qld.gov.au
All other enquiries: 13 QGOV (13 74 68)