Who pays for the swimming pool chemicals in a rental?

Adele asks:
(updated on Tuesday, June 09th 2009)

Our tenants are using the house which has a swimming pool. We have a clause inserted into their agreement stating "Swimming pool is to be maintained by tenants, pump & filter to be run on a daily basis, pool cleaning as required. Landlord to supply pool cleaning equipment and chemicals as required". They seem to be using an excessive amount of chemicals. Can we say to them that by them using the pool it requires more chemicals then if it weren't being used & we agreed to supply chemicals for maintenance cleaning rather than pleasure? If they want to use the pool for pleasure they need to supply the chemicals for this?

Our Experts Answer:

Under the Residential Tenancies Act, landlords are responsible for the maintenance of the premises and tenants are required to keep the premises reasonably clean and tidy. Where a swimming pool is provided as part of the tenancy, the landlord is usually responsible for maintenance of the pool regardless of whether the tenant utilises the pool or not, including the pump and filter. This may also include providing the chemicals. Tenants are generally responsible for the day to day cleaning of the pool which may include keeping the pool free of any debris. If you and your tenant can’t agree who is responsible for the chemicals, you can apply to the Tenancy Tribunal to resolve the matter. To discuss your situation further, or for advice and information about applying to the Tenancy Tribunal, you can contact the Department of Building and Housing on 0800 TENANCY (0800 836 262).

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

 

 

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