Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
Judge suggests Airbnb regulation after College Green case
As of April 2023, the market capitalisation of Airbnb worldwide was US$73.34 billion.
News
Alicia Dunkley-Willis | Senior Reporter  
December 1, 2023

Judge suggests Airbnb regulation after College Green case

With more Jamaicans tapping into the multi-billion-dollar Airbnb market, Acting Supreme Court Puisne Judge Maxine Jackson, in disposing of a landmark case involving a College Green, St Andrew property operated as a short-term rental, says Jamaican authorities should look to regulate the industry.

Justice Jackson’s suggestion comes eight months after Tourism Minister Edmund Bartlett noted that 29 per cent of the 2.6 million stopover visitors who came to Jamaica in 2022 did so through Airbnb. As of April 2023, the market capitalisation of Airbnb worldwide was US$73.34 billion.

In a written ruling Thursday morning, following the oral judgment handed down in October this year, Justice Jackson said, “With the explosion of the Airbnb concept in this jurisdiction, this might be the time for the authorities to contemplate the feasibility of implementing measures to regulate this emergent income-generating practice.”

She made that observation while noting that, “it would appear as if the days when neighbourly engagements to resolve matters of this nature, without the involvement of the court, are way behind us”.

“Gone are the days when the courts were spared the burden of these almost domestic-type matters. The defendants’ conduct in the handling of this matter is unfortunate and unwarranted having regard to the unambiguous nature of the relevant covenants and their obvious prior knowledge,” she scolded.

In the ruling which capped an ongoing row over the operation of an Airbnb in a gated community in Hope Pastures, St Andrew, which was described as a “nuisance” by residents and was being operated in breach of the rules governing properties in that area, Justice Jackson said she had found, on a balance of probabilities, that the defendants who owned the home but had never lived there “acted in breach” of restrictive covenants and that the activities of their occupants have interfered with the claimant’s quiet enjoyment of her property.

“The evidence in relation to the numerous instances of interference with the claimant’s quiet enjoyment of her property by persons occupying the property belonging to the defendants remains unchallenged. The claimant, in her affidavit, has complained of experiencing grief and stress because of the actions of the defendants’ occupants and/or visitors and that those persons have been making life very uncomfortable and unbearable for her,” Justice Jackson outlined.

She noted further that “when considered as a whole, I find the circumstances described by the claimant of the use of the defendants’ property by their occupants or visitors and themselves to be unreasonable. I also find that based on the language of the covenants, the residential gated community was built for residential purposes only. Therefore, the defendants, by advertising in a global space which has the potential to attract thousands of persons, as it did, went beyond the intended residential purpose on which the covenants were established”.

Justice Jackson said an assessment of the security logbook with the names of more then 50 people and several motor vehicles over the period July 1, 2021, to May 6, 2022, “is also cogent evidence that the property was being used to facilitate short-term rental for vacationers”.

“This number shows the intensity of the traffic of strangers punctuated by short stays in, out and through the residential gated community and the defendants’ premises, which the claimant and others call home. This is a clear breach of the restrictive covenants,” she said.

Evidence presented during the hearing of the matter showed that the property was listed on the Airbnb website and advertised as “comfy, cozy getaway” with “free parking”. The site had several reviews from guests.

The certificates of titles for all the lots in College Green are endorsed with restrictive covenants which prohibit the houses from being used for purposes other than that which is solely residential, and also prohibit them from being used for business purposes. Further, the certificates of titles of all the owners show that the owners are entitled to enforce these covenants against each other. Owners, upon acquiring their properties, were told by the citizens’ association that there should be no Airbnb in the complex.

“For residential purposes only certainly would not allow owners, as the defendants did, to place advertisements on a popular global website to attract persons from all over the world who are seeking short-term rental accommodations and to allow those persons to use the property for that purpose exclusively. The use of their property is equated to running a hotel, which was not contemplated as a feature of a private dwelling house or the use of the premises for residential purposes,” Justice Jackson said.

The court, in the ruling further, barred the owners, or agents acting on their behalf, “from allowing their property to be used for short-term occupancy, licence or tenancy for the purpose of a trade or business” and “from permitting their said property to be used in such a manner as to amount to a nuisance”.

Additionally, the court refused to grant the offending property owners leave to appeal and, in a penal notice to the owners, warned that failure to comply with the terms of the Order constitutes contempt for which they “may be liable to be imprisoned or to have [their] assets confiscated”.

Justice Jackson, in the meantime, also commented on additional construction by the defendants on the property which, she said, “may not be in keeping with Covenant 10, which states, among other things, that ‘no building other than one dwelling house should be erected or permitted on the said land’.” Justice Jackson, however, noted that “no challenge was made in this regard”, making it so that her focus was on the substantive grievance of the complainant.

In October, following the oral judgment, attorney John Givans, who represented the citizen who sought the injunction, said the ruling might have implications for other such operations in similar settings.

“I think that you might very well find cases where the covenants are similar, because the idea behind the covenant is that the property should be used for long-term purposes. The essence of the whole thing is that businesses are being operated on the premises, the business being short-term letting. The court held that the covenant being properly construed means that the owners should not rent the property on short-term lettings. The court found that to do so amounts to business.”

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Chorvelle Johnson Cunningham elected JBA president
Business, Latest News
Chorvelle Johnson Cunningham elected JBA president
Sagicor exec succeeds Audrey Tugwell Henry as banking industry begins first stage of cheque phase-out
July 20, 2026
KINGSTON, Jamaica—Chorvelle Johnson Cunningham of Sagicor Bank has been elected president of the Jamaica Bankers Association (JBA) for 2026/27, succee...
{"jamaica-observer":"Jamaica Observer"}
Man arrested after firearm, ammo seized in Tivoli
Latest News, News
Man arrested after firearm, ammo seized in Tivoli
July 20, 2026
KINGSTON, Jamaica—A man was arrested in connection to the seizure of a firearm along with several rounds of ammunition during a police peration on She...
{"jamaica-observer":"Jamaica Observer"}
US judge suspends Paramount’s acquisition of Warner Bros
International News, Latest News
US judge suspends Paramount’s acquisition of Warner Bros
July 20, 2026
SAN FRANCISCO, United States (AFP)—A federal judge in California on Monday ordered Paramount Skydance and Warner Brothers Discovery to temporarily pau...
{"jamaica-observer":"Jamaica Observer"}
Sterling Asset Management marks 25 years with $1.2m donation to at-risk youth
Latest News, News
Sterling Asset Management marks 25 years with $1.2m donation to at-risk youth
July 20, 2026
KINGSTON, Jamaica—Sterling Asset Management Limited marked its 25th anniversary in Jamaica’s investment industry with the launch of its inaugural Ster...
{"jamaica-observer":"Jamaica Observer"}
Jamaican teen pleads guilty to injuring ex-boyfriend in Bahamas
Latest News, Regional
Jamaican teen pleads guilty to injuring ex-boyfriend in Bahamas
July 20, 2026
NASSAU, Bahamas (CMC) – A Jamaican woman is set to be handed over to The Bahamas Department of Immigration after serving her sentence for injuring her...
{"jamaica-observer":"Jamaica Observer"}
Calabar stalwart Messias lands coaching role at rivals KC
Latest News, Sports
Calabar stalwart Messias lands coaching role at rivals KC
July 20, 2026
Veteran coach Errol Messias has departed Calabar High for rivals Kingston College (KC) and will join forces with Hamin Pagon in spearheading KC's midd...
{"jamaica-observer":"Jamaica Observer"}
Business leaders applaud JSE e-Campus for strengthening governance standards
Business, Latest News
Business leaders applaud JSE e-Campus for strengthening governance standards
July 20, 2026
KINGSTON, Jamaica—At a time when good governance and accountability dominate global conversation, the Jamaica Stock Exchange (JSE), through its e-Camp...
{"jamaica-observer":"Jamaica Observer"}
Andy Burnham becomes UK PM, vowing 10-year plan to ease cost of living crisis
International News, Latest News
Andy Burnham becomes UK PM, vowing 10-year plan to ease cost of living crisis
July 20, 2026
LONDON, United Kingdom (AFP)—New United Kingdom (UK) Prime Minister Andy Burnham on Monday promised to set out a 10-year-plan for Britain, to ease the...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct