Poolnet - I'm not liable ?

To play devil's advocate, he's probably pissed because he reckons that after paying in for the pool net and doing maintenance on the pool which he thinks should have been for your account but he was ok to pay, you're turning around and asking him for paint money.

He's probably thinking something along the lines of "I paid half of that pool net that's now sitting in his pool & I took care of the pool without being a jerk about it, now he wants to make a fuss over some paint?"

I can probably see the point for the pool net, especially if it's far more than the cost of the painting. Claiming for 2 year old unmentioned expenses is quite a reach though.
 
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Dolby said:
I have sent them to the management agent to forward.

He's claiming for other things that I REFUSE to pay as well, as I've I've never heard anything about them in the past.

Pool motor repair (R250), rubble removal (R1,250.00) and initial pool cleaning (1,000.00). These are from about 2 years back that I've heard ZERO about ... and the figures just typed into an excel sheet (no official work).

I mean WTF?
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This guy obviously has no clue as to how this works... if it worked his way - I would have made a fortune out of my landlords... ask him if he hasn't maybe forgotten to send you his maid and garden service bill.
 
Dolby said:
I agreed to the 50:50 in March 2010 and paid the price then : They paid R1,600.00 and I paid R1,600.00 - and the poolman walked away happy with his R3,200.00

He now wants HIS R1,600.00 back from me, so essence I've paid R3,200.00 (100%) of the net when - as per mails - he asked for it.
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Tell him if he pays you R1,600.00 he can take the net with him. :D
 
Dolby said:
It was all paid 18 months back.

He wants HIS 50% back



I have sent them to the management agent to forward.

He's claiming for other things that I REFUSE to pay as well, as I've I've never heard anything about them in the past.

Pool motor repair (R250), rubble removal (R1,250.00) and initial pool cleaning (1,000.00). These are from about 2 years back that I've heard ZERO about ... and the figures just typed into an excel sheet (no official work).

I mean WTF?
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Ha ha big ha.

If he did that on his own, tough luck.

It's the landlord's responsibility to fix. And if he haven't cleared it out with you, tough.
 
yebocan said:
whats the fuss?
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The fuss is he damaged paint that cost R500.00 to repaint - and yet he wants to hit me with R4,000+ bills which are either false or agreed upon 18 months ago - and settled then. His deposit IS for things damaged anyway - and the only thing I'm claiming is a patch of paint.

I've heard landlords that claim everything and many tenants lose most their deposit. I've had 3 tenants and they've all received 100% of their deposit.

nexxus said:
To play devil's advocate, he's probably pissed because he reckons that after paying in for the pool net and doing maintenance on the pool which he thinks should have been for your account but he was ok to pay, you're turning around and asking him for paint money
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I know this is an issue - but HE approached ME initially and I said yes. He even said (in writing) he'd pay the full 100% - but I said 50:50 was fine by me. Don't come to me 18 months after your agreement and start moaning ....
 
Dolby said:
He's claiming for other things that I REFUSE to pay as well, as I've I've never heard anything about them in the past.

Pool motor repair (R250), rubble removal (R1,250.00) and initial pool cleaning (1,000.00). These are from about 2 years back that I've heard ZERO about ... and the figures just typed into an excel sheet (no official work).

I mean WTF?
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If I was renting a spot, I wouldnt be letting my kids stick stickers all over the walls, actually come to think of it I would let them stick stickers all over my walls so thats the first WTF. Your agent should have been inspecting the property all along.

Secondly, as far as those other repairs go or maintenance items go. Either you are are responsible for them or not, it will state that in your contract. EVEN IF you are responsible for them then you should have been informed by the tenant of the requirement and then YOU or your appointed agents would perform the repairs or carry out the necessary work. He doesn't have the authority to order that work and then ask for compensation afterward. Even if he has paperwork, you may have chosen to do the work in a different way. Eg preferred to have had the pool motor replaced at the same time finding out why the pool motor was damaged. Was it damage caused by the tenants / neglect / misuse?

Either way - not your problem. You need offer him no explanation or response, except removing the money for painting from his deposit.
 
They're two completely separate issues and you need to be firm in making him fully aware of this. Surely you still have his deposit? If not then you're likely to land up spending more in legal fees to recover your cost of the paint job even though as far as I can tell they're liable. Don't you have some spare paint from your last paint job of the place?

Bottom line is forget about the pool cover situation and forward the emails where he agrees in writing to going 50/50 with you. What happens to the pool net now is up to you - if you don't want it then don't make your life difficult by arguing about it on principle. If you do want it, then come to some sort of agreement regarding the cost of the paint job in the house where you take a discounted cost from his deposit in that respect.

Really, taking this further is just going to cause you more headaches and it's simply not worth it...
 
Dolby said:
The fuss is he damaged paint that cost R500.00 to repaint - and yet he wants to hit me with R4,000+ bills which are either false or agreed upon 18 months ago - and settled then. His deposit IS for things damaged anyway - and the only thing I'm claiming is a patch of paint.

I've heard landlords that claim everything and many tenants lose most their deposit. I've had 3 tenants and they've all received 100% of their deposit.



I know this is an issue - but HE approached ME initially and I said yes. He even said (in writing) he'd pay the full 100% - but I said 50:50 was fine by me. Don't come to me 18 months after your agreement and start moaning ....
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Not to be a prune or any thing. Maak my maar die droll in die drink water :D

But all this over R 500?

I mean really? Just get it painted man... R 500 ?!?!?! REALLY? :D
 
DJ... said:
They're two completely separate issues and you need to be firm in making him fully aware of this. Surely you still have his deposit? If not then you're likely to land up spending more in legal fees to recover your cost of the paint job even though as far as I can tell they're liable. Don't you have some spare paint from your last paint job of the place?

Bottom line is forget about the pool cover situation and forward the emails where he agrees in writing to going 50/50 with you. What happens to the pool net now is up to you - if you don't want it then don't make your life difficult by arguing about it on principle. If you do want it, then come to some sort of agreement regarding the cost of the paint job in the house where you take a discounted cost from his deposit in that respect.

Really, taking this further is just going to cause you more headaches and it's simply not worth it...
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I do have his deposit - and he'll be received it less R500.00

Like I said, above, it's the prinicple of the matter now.

By the way, I didn't personally ask for the R500.00 (or whatever it actually is). I have a management agent that does it behind the scenes and I had no idea of her asking him. She mailed him and he fired back at her about it. I asked her to forward his mail to me and after reading it - I'm peeved.

HE made this an issue and yet again, I need to back down to a tenant. Unfortunatley he got me on a bad day and his bad attitude didn't help his situation.
 
Dolby said:
I do have his deposit - and he'll be received it less R500.00

Like I said, above, it's the prinicple of the matter now.

By the way, I didn't personally ask for the R500.00 (or whatever it actually is). I have a management agent that does it behind the scenes and I had no idea of her asking him. She mailed him and he fired back at her about it. I asked her to forward his mail to me and after reading it - I'm peeved.

HE made this an issue and yet again, I need to back down to a tenant. Unfortunatley he got me on a bad day and his bad attitude didn't help his situation.
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The pool net is for your property - obviously designed to fit your pool so it has to stay - it's yours. And the repainting issue is no more considering you still have his deposit. He can stand on his head until he's blue in the face but it won't solve anything - you're in the right here as far as I (as a landlord too) can tell...
 
I've read the responses in the thread and Dolby, I gotta say I side with you on this matter. You agreed to 50/50 and paid it and the matter was settled. You're well within your rights as landlord to request repairs to paintwork damaged by his kids or whomever. The only problem here is that besides the issue of people being bad eggs with the matter, you will own the entire net for your property.

My first impression is I don't think I would have accepted it in the first because of this, I would have offered to pay for it and increased his rental amount by like R50 to cover the cost as you are now adding an asset for his cost. By paying 50/50, it now becomes a issue of joint cost and single ownership.

To be amicable, settle the cost of the paint job for the remainding value of the net. Otherwise go the bull route but he can take you to small claims which costs barely nothing and a magistrate/attorney might see it otherwise.
 
He can't do anything about the stuff on the excel sheet (even if he has invoices) as he had to run it by you first.
The stickers make the paint job his problem, not yours.
The 50/50 agreement was met, you have evidence of this and there is nothing he can do about that.

Just a side note, My landlady always repaints the entire house each tine a tenant moves out (and she does not charge the tenant for this, it's just what she does).
 
first things first - your pool should have been fenced off properly so the tenants have every right to want something to protect their child from drowning in YOUR pool. the fact that the they were prepared to split the costs were admirable, this should have been your costs as your pool was not child proof. it doesn't matter if you don't have a child or the tenant may or may not have a child. if a child climbs over your fence and accidentally drowns in your pool because it is not properly fenced off you are liable.

secondly - regarding the painting of the place, i can understand you wanting the previous tenants to foot the bill. imagine if you lease the property to 5 tenants and each tenant has some child that plasters stickers all over the wall, why should you have to constantly repaint the place and bear the costs. i think that people should have some consideration and either not allow their kids to plaster stickers all over the wall or they must clean the wall, end of story.
 
Celine said:
first things first - your pool should have been fenced off properly so the tenants have every right to want something to protect their child from drowning in YOUR pool. the fact that the they were prepared to split the costs were admirable, this should have been your costs as your pool was not child proof. it doesn't matter if you don't have a child or the tenant may or may not have a child. if a child climbs over your fence and accidentally drowns in your pool because it is not properly fenced off you are liable.
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As per section 34(a)ii of the Swimming Pool Act.
 
all this started because the managing agent requested an amount for a room to be re-painted. by your own accord they were good tenants, pay the amount for the painting of the room and negotiate for them to drop their claims. the managing agent is acting on your behalf but surely they should inform you of any requests ??? if the managing agent came to you first would you have agreed to pay for the room ? if so then maybe request all claims be run by you first to stop this from happening in future.
 
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