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Jimmy, thanks again for your reply.
I have not had a chance to look into your suggestions, I will later today, but meanwhile want to advise that the strata has a by-law on short term/holiday rentals which states that an “occupier” of a lot can engage in short term or holiday letting. There seems no restriction on the “occupier” regarding how many can dwell on the premises or for how long it can be let out.
As I understood the NSW gov’t reforms, an OC could choose to allow or to prohibit absent landlords from engaging on short term letting. The logic of which was to possibly give different rights depending on whether they resided on the premises (presumably so they could let one or more rooms) as opposed to the rights offered to non resident landlords (who would rent out the entire premises). Fair enough in my books.
But correct me if I am wrong, but the wording of the by-law discriminates in favour of a tenant who is absent for indefinite periods, so long as he/she holds the head lease (as such a person from my understanding, is the “occupier”) and can then engage on short term letting. The by-law discriminates against absent landlords, who by definition are “owners” residing elsewhere. It’s also a back eye to resident landlords who will have to put up with possibly loud and obnoxious short term renters, in the event their neighbouring tenants depart for a length of time and lists the premises for AirBnB style “guests”.
In my case, a neighbouring tenant has departed for 5 months and is (so the landlord says) making the premises available for short term letting. The effect of which is identical to an absent landlord letting out the entire premises.
If I am right, does such a restriction on how an absent landlord may use of property render it possibly invalid by virtue of s. 139(2)?