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Leasing Property With a Swimming Pool

Attwood Marshall LawyersBy Christine Martin

We have discussed in an earlier blog the effect of the Swimming Pool Safety Laws on the buying and selling of properties. It is also prudent to consider the obligations of a landlord and or tenant where there is a pool in leased premises.

If a tenant is to have exclusive use of the pool then the landlord must provide a copy of the pool safety certificate to the tenant before the tenant enters into the agreement to lease the property

Where the premises are shared premises (i.e. as part of a residential complex) a landlord must ensure that a copy of the pool safety certificate is conspicuously displayed either near the main entrance to the premises or at each gate or door giving access to the shared pool. As such it is important that the Body Corporate assists owners in a complex to ensure that these requirements are met.

Failure to comply with either of these requirements is an offence for which penalties can be levied against a landlord for not complying with the new requirements.

Pool Safety Certificates will remain valid for one year if you own a shared pool and will remain valid for two years for non-shared pools. There are “Phase-in” periods for Sellers and those with shared pools, but you will be burdened by the need to complete disclosure documentation, in the Government-Prescribed form, if you choose to sell or lease without a Pool Safety Certificate. You will also be carrying liability risks if a child drowns in a non-complying pool.

Agents who act as managing agents for Landlords need to be aware of these requirements and we believe there is an obligation on the managing agent to advise the landlord of its obligations.

If you require further information, please contact our Property and Commercial department manager Christine Martin on 07 5506 8245 or email cmartin@attwoodmarshall.com.au.

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Jeff Garrett

Jeff Garrett

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