Michelle Marsh believes she has been singled out by the Christchurch City Council, which has fined her and told her to stop renting out her flat in Linwood on Airbnb because she does not have resource consent to run an accommodation business.

A complaint by the neighbours has led to a fine and closure of an Airbnb operation in Christchurch, with the owner saying she has been unfairly singled out.

Michelle Marsh owns a two-bedroom unit in a block of four flats in Linwood, which she rents out on Airbnb. She said a neighbouring couple in the same block complained to the council about people checking in late at night, a baby crying at 7.30am, girls walking down the driveway in high heels, and a couple having loud sex with the headboard banging.

"One of the neighbours also said he was run over by a campervan on the driveway, but there was no evidence whatsoever," Marsh said.

JOSEPH JOHNSON/HOMED Marsh says one set of neighbours in the block complained about the clip-clop of high heels on the driveway.

The Christchurch City Council fined Marsh $300 for a breach of the district plan and ordered her to cease operation. Like possibly hundreds of Airbnb rentals outside the "Four Avenues" zoning, Marsh does not have resource consent to use her flat for guest accommodation. Marsh personally knows of dozens of other Airbnb rentals that don't comply, but suspects the numbers would run into the hundreds.

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JOSEPH JOHNSON/HOMED Marsh says she has cleaners through the flat three times a week and it is always immaculate.

The council has given Marsh an extension till January 30 to give her time to apply for the necessary resource consent.

"They wanted me to cease on November 17, which would have put me in extreme hardship," Marsh said. "I have bookings right through till the end of next year. I also put $10,000 on my credit card recently to renovate the entire flat, with a new kitchen and bathroom."

A council spokesperson said the unit is in a Residential Medium Density Zone and guest accommodation is therefore a discretionary activity and as such, needs a resource consent.

JOSEPH JOHNSON/HOMED Marsh believes full-time tenants could be lot noisier and come and go at all hours of the day and night. She could accommodate four adults in her flat.

"The compliance response in this case is consistent with our response to similar District Plan breaches where officers notify the relevant party of the non-compliance, provide an opportunity to achieve voluntary compliance and take further steps when compliance is not achieved.

"The council will continue to investigate and respond to complaints about unconsented guest accommodation activities when they are received. The council cannot currently make any changes to the District Plan until 2020."

On Monday, December 4 Marsh and her lawyer attended a meeting at the council where the resource consent conditions were spelled out. They included the need for fire sprinklers, fire walls and disabled access, and a fee of $2500 is required.

"The meeting was terrible," Marsh said. "They have made it cost-prohibitive to get resource consent. I will also need to get the consent from 12 neighbouring property owners. If any one of those owners says no, then I will have to fund the cost of a hearing, which would take the fee up to $7500.

"I have fixed the headboard noise and I have banned late-night check-ins, but it's not enough. If I don't stop operating as an Airbnb without resource consent by 30 January I will be prosecuted and possibly even sent to jail. The council enforcement officer made this quite clear to me at the meeting."

LONG-TERM TENANTS

Marsh said she has had long-term tenants who have "absolutely trashed the place" (three times) and doesn't want the experience repeated.

"Airbnb is so much better. I have cleaners going in three times a week and the place is immaculate. Airbnb will also cover any damage if it does happen.

"I don't understand why my neighbours get to decide what I can and can't do with my own property. It's my home; I pay the mortgage; and I pay the rates. Why can't I rent it out to whomever I want?"

Marsh said her neighbours could have far worse long-term tenants. "I could rent the two-bedroom flat out to two couples with four cars and people coming and going all day and night – people on night shift. It could be rented by a woman who decides to run a brothel, or a group of tenants who manufacture P.

"It's Linwood. It's the 'hood'. There are worse things that go on in Linwood, trust me.

"If elderly people find it unsettling having people walk past their door, I suggest they buy the unit at the back of a block, not the front. That's what I did."

TOURISM BENEFITS

Marsh said the contribution Airbnbs make to tourism in Christchurch is huge. "Airbnb is an amazing opportunity to attract tourists to our broken city and I am dumbfounded as to why the council would try and prevent this type of activity – we can't be seen as some boring backwater.

"Many of my visitors say that without Airbnb they would could not have afforded to have a holiday in the city – and they eat lunch and dinner at local restaurants, giving much-needed support to our ailing hospitality industry. There is a big positive side to Airbnb; it brings money into the city and it provides a way to meet other people from all over the world."

The council did not respond to Stuff questions about the numbers of Airbnb operators it has closed down, or the number of operators who have applied for resource consent for an accommodation business. The spokesperson said the council does not specifically classify complaints or investigations relating to activities that are advertised on the Airbnb website.

Marsh said she was informed by the council that it does not have the resources to be actively hunting down Airbnb operators who are breaking the law.

"It's not only unfair, it's crazy that we should be hindering Airbnb activity when it's so clearly needed."