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

[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

[Rouge]

The biggy is are you still under lease or month by month. Because month by month they can do it, you say no, they say move on then... kwim?

[PinkPalace]

we are still in lease.
not month to month

i guess it is a waiting game... i wonder what else they may throw at us?

[Just Me]

I was just going to point out that pools can be expensive to maintain by the time that you have to buy salt and chlorine etc ... if they install a pool while you are there, I would want a written agreement about who is going to maintain the pool. Surely they can't just put one in and expect you to be responsible for it's maintenance.

Probably doesn't make you feel much better, but I wanted to throw that out there and give you a chance to think about it before they install it.

Good luck with everything, I hope they don't get to install it.

ETA: *snap* Bon - posted at the same time

[Glamourcide]

Just wanted to pop in and wish you luck with it, I hope the landlord can put it off until your lease is over and you guys are out of there. That's pretty unfair... I mean I know the landlord owns the place, but I can definitely understand your concerns about taking away your kids' play area... and putting in something which could pose a serious risk to them!

Hope it all works out for you!!

[Trillian]

According to what Kim posted, then they sorta can't do it while you are there. You could take recourse through the council too. It will need to be approved by them to have it done, so you could write a letter to the Council outlining your concerns and they wouldn't be able to get it through right away without a hearing of sorts because you couldn't rely on the Council taking it's time in doing the DA approval for it.

[maz]

I cant believe that they didnt even ask permission to come to the house and take the tree's down...arent you ment to recieve written notice of work's ect?

Good luck hon....fingers crossed council object or drag it out for you

[bon]

At the very least the landlord or the agent has to give you written notice of entry - which clearly didn't happen with the gardener coming over and just ripping out trees. It's not up to the gardener to call (although that would be nice as a courtesy) - the landlord cannot just get people to come over whenever he/she feels like it without letting you know at least 24 hours beforehand in writing, unless it is an emergency. So they have broken that rule to begin with. Personally I think that building a pool will interfere with your "quiet enjoyment" of the property, so you would be within your rights to submit a written letter outlining your concerns and the predicted impact on your family of the building of the pool, not to mention the fact that when you moved in and signed the lease, it was for a house without a pool - so you shouldn't now have to be responsible for maintaining a pool that didn't exist when you moved in.