landlords want to install a pool.. whats our rights as tenants?

[PinkPalace]

The landlard has been a little funny - coming and having trees ripped out and henges removed (i came home and found them all gone).. no written notice or anything - jus tthe gardener calling me after wards to say he tried to ring but couldnt get through.

We are 2 months into a lease - so not near the end etc, and ive never had a Landlord do gardening of this kind whilst in tenancy.

anyhow... they emailed this morning (the RE) to see if the owner can come over as he wants to install a pool in the back yard.

I am not sure of the story yet but wondering if anyone knows our rights as a tenant.

- We DONT want a pool (we have 2 toddlers !!!).

- There is only a tiny bit of lat land where the swing set is and this is where they want to put the pool so we woul dhave no grass for the children anymore.

- i am a shift worker and dont want my backyard a construction site for god knows how long... not to mention 2 littles ones sleeping and unable to use the backyard .

can they just do this kind of reno';s while it is tenanted???

i dont know if they are looking to sell etc (which we dont care as we are moving out in dec anyhow) or move back in when we leave but surely they cant do this while we are paying rent!!


anyone

[2CheekyMonkeys]

i dunno, but i guess they can do what they want as they own the place. but what a pain in the bum!

[shellbell3]

I'd contact the tenants association and ask them your rights. I don't think they can do it tho if you are against it. I thought major work had to wait til you were out of the place. Make sure you know your rights so you can point them out if they try to argue it with you.

[Nelle]

That's so dumb. The things is, I guess, if they're not willing to stop work, or don't have to, can you be bothered finding a new place to stay til December?

I imagine there must be some sort of clause for you to end the term early, surely, since with no backyard space, the property will sort of be different to the one you originally agreed to rent?

[~Raven~]

I think that is something that you can object to! It's not essential works is it!

I would be ringing the tennancy tribunal for sure about that one. What if they then decided they will put the rent up because of the pool

[~Kim~]

Exactly what I was goine to say (what Raven said), plus who would have to look after it???
I guess they might have naively thought that 'everyone' would love a pool so it wouldn't be a prob.
I would question it too, both through the RE (ask them to provide you with the laws in writing) and the TT. Are they willing to drop the rent if you allow them to continue? Cos it sure ain't what you signed for!!!

eta found this though
under the Residential Tenancies Act 1987 No 26

22 Tenant’s right to quiet enjoyment

(1) It is a term of every residential tenancy agreement that:
(a) the tenant shall have quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (for example, a head landlord) to that of the landlord, and
(b) the landlord or the landlord’s agent shall not interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of the tenant in using the residential premises.
(2) A landlord or a landlord’s agent under a residential tenancy agreement shall not, during the currency of the agreement, contravene or fail to comply with subsection (1).

[Ginger]

that is just wrong!
i would be so peeved if that happened to us!
surely they can't do that?

[PinkPalace]

Well they are looking at installing a lap pool down the strip of grass we have.

I told the RE we do not want the pool installed while we are in tenancy.

The pool guy reckons it will take until at least dec until they get council approval anyhow. (phew!).

I guess we wait and see and if they request to do it before the end of lease i will be asking to break lease without penalty to move.

thanks for all your help and support girls