#20520
Cosmo
Flatchatter

    Hi Whale,

    I am not talking about any additional clause which could be incorporated in a (NSW) Residential Tenancy Agreement (a lease) document without the tenant’s agreement.  It would be just another condition of a lease contract that a tenant could or doesn’t have to agree to (if they don’t agree they just don’t enter into the contract and look elsewhere). I don’t see any barrier to an owner offering such a condition, as an owner when I rent my unit I have a ‘no smoking’ condition in any lease I draw up.  

    I am not a specialist property lawyer but why wouldn’t a lease also give tenants rights to common property use? By restricting a tenants rights to a lot wouldn’t that be effectively what is done? It would appear a strange result to me if a tenant (resident as you point out) didn’t have rights to the enjoyment of common property. 

    I would agree that the best, most amicable and sensible outcome would be “to become the “guest” of your tenant or of another resident on occasions” such as New Year’s Eve.  However that depends upon the largess of others and I was outlining the way an owner could perhaps secure theirs rights to occasions where, perhaps they were not confident of being accepted as a guest.