All finshed pods are occupied for token holders. And token holders from batch 1 & 2 who are currently not mining, are renting out to already existing clients. So the mining rigs are all occupied. It depends on whether he bought his miners before or after the policy change. If he bought after the policy change he must wait for his tokens.
I am renting out my tokens now, because my miners will arrive in October only. At the moment not all of my tokens are rented out because I ask high fee. I assume that if you agree for that fee, you could rent my free tokens.
Your assumption is that an unrented "free" token is equal to free capacity in the pod. Possible but I rather doubt that because the GW support already said that they are fully occupied.