Tenant leaves pool gate open

[Shaneelastic]

I did a final inspection today, of the three times I have inspected the laundry door is open with pipes running out from washing machine. The side pool gate is ajar open by something. This gate is just off the laundry

There is 4 kids under 5 living in this house

My concern is what If one drowns

I note the following

The building report noted that the pool gate is fine, however it must be kept close as it was ajar whilst the building inspector was there,

Any comments thoughts on the above?

 

[macca446]

Hi,
As long as the pool gate open and closes as per legal requirements and is not faulty you cannot be held accountable for the negligence of the occupiers it is up to them to have gate closed for their safety of the children.

 

[Peter_Tersteeg]

I could be wrong, but isn't there something that says pool gates must be self closing?

If this is the case and the gate can be ajar without the tenants deliberately messing with it, then the landlord may be liable.

 

[Singo]

The legal requirement is that the pool gate should close automatically, isn't it?

 

[pinkboy]

I could be wrong, but isn't there something that says pool gates must be self closing?

If this is the case and the gate can be ajar without the tenants deliberately messing with it, then the landlord may be liable.

The legal requirement is that the pool gate should close automatically, isn't it?

The side pool gate is ajar open by something.

This to me means it is being held open by a chair or something jammed in the mechanism to prevent it automatically closing.

pinkboy

 

[Shaneelastic]

A bucket with some crap in it holds the gate open.

These people are newish to Australia and there living standards are different to ours.

 

[Perp]

A bucket with some crap in it holds the gate open.

These people are newish to Australia and there living standards are different to ours.

I would be getting an inspection to ensure that the swimming pool enclosure is compliant (unless you're 100% sure you're up with the latest requirements), and giving your tenant very sternly worded written notice that it is illegal to prop the door open.

And as I am not a lawyer, I'd be seeking legal advice as to whether those two steps are adequate to protect yourself.

 

[Scott No Mates]

instruct the pm in writing that the gate is to be closed at all times.

 

[Shaneelastic]

Thanks
I will be lodging this letter in writing on Monday on settlement day. Also be trying to lodge a eviction breach notice due to condition of pool which was in the lease

 

[datto]

These people are newish to Australia and there living standards are different to ours.

Whoa....that's a loaded statement if I ever read one...lol...no further comment here..hoo..hoo...might just go and see what's on telly, hmmmm, might try SBS

 

[thatbum]

Thanks
I will be lodging this letter in writing on Monday on settlement day. Also be trying to lodge a eviction breach notice due to condition of pool which was in the lease

Uh what's so wrong with the condition of the pool that you need to terminate?

 

[pinkboy]

Uh what's so wrong with the condition of the pool that you need to terminate?

My thoughts as well.

No tenant is going to look after a pool. They take time, energy and money.

Up the rent and get a pool guy. That way you know it's being done right!


pinkboy

 

[Shaneelastic]

Uh what's so wrong with the condition of the pool that you need to terminate?

Half empty and green

This will be my ppor I just want to get them out earlier than lease ending I'm august

 

[Perp]

Half empty and green

This will be my ppor I just want to get them out earlier than lease ending I'm august

A dirty pool won't be good enough grounds to terminate. I wouldn't try it, or you risk ******* them off, and if they want to drag things through the processes available to them, they might find they can extend their tenancy well past August.

I'd be being nice and crossing my fingers that they actually leave as soon as the lease is up in August. (Unless you're really lucky and they *want* to move earlier.)

 

[thatbum]

Yeah why not simply ask them nicely if they are willing to leave early? Or offer an incentive?

Trying to nitpick on inspections or terminate on dubious grounds is pretty counter productive.

 

[The Fence]

Yeah why not simply ask them nicely if they are willing to leave early? Or offer an incentive?

Trying to nitpick on inspections or terminate on dubious grounds is pretty counter productive.

Must admit that this is a very good piece of advice above.

Why dont people think more like this, you know, counter intuitive. Not the ever so captain obvious way to go about things.

It's all sales really isnt it..?

Gotta get a bit smarter.

 

[wylie]

Yeah why not simply ask them nicely if they are willing to leave early? Or offer an incentive?

Trying to nitpick on inspections or terminate on dubious grounds is pretty counter productive.

When we sold an IP and needed to break a lease, we offered the tenant (a lawyer) the last four weeks rent for free. He wanted to leave and we wanted him to leave, but he knew the law (as did we).

He was happy to move house, win/win, and he got four weeks rent for free.

If you want to move into this house and the tenant knows he will be moving in August, it is likely he will take two weeks to find something, so why not sweeten the deal with two free weeks of rent if he moves now.

 

[Rusty_]

An idea might be to put something in place like including the pool cleaning in the rental charge and have the tenant to pay for the chemicals if required. That way you know the pool is being kept in a serviceable condition.

 

[Wirra436]

Probably the reason I do no invest in properties with pools, spas etc

Maintenance and the above mentioned issues.

 

[Shaneelastic]

Must admit that this is a very good piece of advice above.

Why dont people think more like this, you know, counter intuitive. Not the ever so captain obvious way to go about things.

It's all sales really isnt it..?

Gotta get a bit smarter.

Already tried that one

There's now an extra family living in the place since we purchased it 7 weeks ago.

My count would be 15 people living in the house, there's 4 on the lease