Tenants want to install temp pool

Hi Guys and Girls,

Just wanted to get some opinions on the following situation....

We own an investment property in Kallangur QLD. Lease is up for renewal and we received the following request from the tenants:

"Is it okay to have a above ground pool on the bricks (left side of house)... Size:4.12m x 2.01m x 1.22m ... and if so will we need to add any extra temp fencing for the temp pool?

Yes we will buy and maintain the pool, and it will leave with us in a couple years, it is a portable above ground pool. We will follow any fence height regulations that Council requires.

And if all this works, we will sign the lease and stay."

We have never faced a request like this and legally we don't know where we stand. We are a bit worried if it isn't compliant or something happens then we will be held reliable. Anyone on here faced a request like this before?? Thoughts?

Thanks
Ben

 

Temp fencing won’t do.

The pool will need proper compliant fencing, installed to regulations and certified by a pool certifier. The onus will fall back on you as it is illegal to rent a house with a pool without certified fencing.

Perhaps seek other tenants.
Marg

 

Avoid at all costs.

Owner is liable if tenants kids drown.

 

I agree, it's a massive risk. I know people who will not consider houses with pools for their own family due to the risk aspect, let alone to have one in an investment property they're responsible for

 

Big no from me too.

 

Thanks everyone... it does seem like an odd request. Unfortunately it looks like saying no will mean they wont be signing the lease and possibly looking for a property that already has a pool.

 

This will work out a lot better in the long run - if something happened, you'd be ruined.

 

Technically that's a question for council, not landlord, as they're asking about state & local regulations.

I wouldn't answer anything other than whether you allow them to pursue the pool issue with council & if you do allow, ensure the new lease has a clause requiring provision of all permits & certificates required for pool improvements & another clause that states property returned to original condition (& take photos) at end of lease.

Edit: clause should also include tenant responsible for all maintenance of pool & any damage the pool causes to property.

 

Having had time to consider the request, you'll need to decide/inform yourself of the following :

• Tenant to remove pool & make good paving (pool will weigh 8-9 tonnes)
• how is it fixed to the ground?
• Access?
• Decking?
• Tenant needs to comply with Council & state regulations for fencing, pool safety, signage, maintenance etc. Check whether these obligations can be contracted out to the owner of the pool ie tenant. A separate licence agreement may be required or special condition in the lease.
• Refer to your insurer for guidance/policy update.

 

I doubt you can fully pass liability to the tenant.
As owner, you would almost certainly be included in any legal or Council action.
As the tenant does not own the property, Council applications and permits would probably have to be in your name.
And there may be insurance implications for you.
Probably not worth the hassle.
Marg

 

Pools are a hassle.....
Lots of weight on paving (it will sink)
Where does the waste water go?
Legal requirements?.....
All your responsibility in the end....

All added up = get new tenant......

 

Thanks everyone. Made the decision today to say no to their request. Just too many legal liabilities and risks for my liking. Sucks if it means finding a new tenant but that’s life I guess.

 

Look on the bright side.
It’s coming into winter so tenants may decide to stay.
Admittedly, winter is a bit of a joke in Brisbane.......
Marg

 

Issues
- Pool fence, latching and gate all non-compliant with Aus Standards ?
- Council certification / registration
- Connection to sewer
- Connection to power 15A insulated external
- Water consumption and use
- Noise without a insulated filter housing
- Compression damage to ground. 10-30,000 tonnes of weight on lawn
- Need to lay a bed of sand under pool = damage
- ****** off neighbours / noise ?

Who rents and brings a pool ? Dont you just look for a property WITH a pool ?

 

I love that they've done their best to come up with a solution to their 'need' for a pool, but a fully compliant fence is expensive and you'll need to check over everything. As some of the above have said, I think you made the right decision by playing on the safe side.

I just hope your PM's explained in detail why it's a problem too- these guys may not even know what a drama it is for them and you.

 

I think you made a good decision. It's not worth the potential liability and headache.

 

UPDATE - tenants gave notice that they are vacating at the end of the lease. Guess they really wanted a pool

 

It never ceases to amaze me what insignificant reasons people move house for. They'll usually do it out of principle that they didn't get what they wanted, rather than the actual quoted reason.

 

Depends. Some people (like me) having easy access to a pool is not insignificant. But I'd move to a house that has a pool rather than having the hassle of setting one up myself.

Based on size, I'm guessing it's this Bestway 4.12m x 2.01m x 1.22m Power Steel™ Frame Pool with 530gal Sand Filter Pump - 56661 + FREE GIFTS