Who is responsible for pool maintenance?

31 July 2021

Photo by julie aagaard from Pexels

So you're renting out a property with a pool. Lucky tenants! But who should be responsible for keeping it clean and paying for necessary repairs?

Tenant's responsibilities

The Residential Tenancies Act requires tenants to keep the property reasonably clean and tidy. This does include a swimming pool everyday maintenance.

Tenants are responsible for cleaning the pool and keeping it free from foliage and algae. This includes cleaning filters. The tenants are usually also responsible for purchasing and applying pool chemicals from time to time.

Landlord's responsibilities

A pool forms part of the property the tenants are renting. The Residential Tenancies Act requires landlords to provide and maintain premises in a reasonable state of repair. So it's the landlord responsible for making sure the pool and the pool equipment are in good working order.

It is the landlord's responsibility to service the pump and other installed equipment such as heaters. The costs associated with replacing deteriorated elements like water pumps fall under landlords' responsibilities, as this is considered normal wear and tear. The landlord is also responsible for structural repairs to the pool resulting from age, poor installation, or pool manufacturing.

Starting a tenancy right

At the start of the tenancy, it's a good idea to provide tenants with specific instructions on performing pool maintenance tasks and supplying necessary equipment like pumps, scoops, and chlorinators. In addition, both parties should note the condition of the pool on the initial inspection report to reduce the chance of potential future disputes. There should also be a record of the accessories and cleaning equipment provided.

Resolving problems - who should pay for what

If the pool is not maintained correctly and the water in the pool turned green, it would be on the tenant to fix the problem (which could be an expensive exercise). So during regular inspections, it's a good idea to remind your tenants not to get it to this stage.

But if the water turned green because the landlord was told the water pump broke and they were too slow to repair the issue, it would be on the landlord to fix it.

If there are any safety concerns relating to the swimming pool, the tenants should notify the landlord of the problem as soon as possible.

The information contained in this article is exclusively for promotional purposes. It does not in any way constitute legal advice and should not be relied upon as the basis for any legal action or contractual dealings. The information is not and does not attempt to be, a comprehensive account of the relevant law in New Zealand. If you require legal advice, you should seek independent legal counsel. myRent.co.nz does not accept any liability that may arise from the use of this information.

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