Poolnet - I'm not liable ?

jvk said:
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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They have no claim... so why should he negotiate?
 
Fencing of the pool should not be a requirement. Our pool is open and I prefer it that way. If a tenant gets a small dog it is not your responsibility to add mesh to the gates, that's the tenants additional needs. The same principle applies to a kid and the swimming pool. If the tenant originally agreed to the state of the swimming pool, it is the owners responsibility to maintain that state - not improve it. A tenant has the right to add conditions before signing a lease.
 
xrapidx said:
Where can I find it?

I'd like to see their definition of fenced off... because my entire property is 'fenced' off.
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I was being facetious. Your area may or may not have a municipal by-law dealing with pool safety.
 
I've been a tenant and landlord - if I approach my landlord with a solution to a problem and he accepts, I consider it settled/agreed upon.

He proposed a solution and I accepted. That's how I see it - and the fact I haven't heard from him in 18 month, make me think he accepted it too. Had he proposed 100% and I'd accepted, there's be no issues now. The whole issue is the proposing of a solution by the tenant and accepting by landlord. The principle is the same everywhere - if I go to my boss and ask for a 10% increase and he agrees ... I can't moan 12 months that I should have got more because of xyz reason.

As for painting of each tenant, I'd do that if possible :

Painting costs between R15,000 and R20,000.00 a time and sadly, I can't paint at no charge each and every single time at no charge. Luckiliy the paint is of very good quality and tends to last (was painted fully less than 2 years back) and if something is messed up, I'll use the deposit to repaint that section.

However - we're talking of a patch that needs to be repainted for a few hunded rand ...
 
SLAQ said:
Fencing of the pool should not be a requirement. Our pool is open and I prefer it that way. If a tenant gets a small dog it is not your responsibility to add mesh to the gates, that's the tenants additional needs. The same principle applies to a kid and the swimming pool. If the tenant originally agreed to the state of the swimming pool, it is the owners responsibility to maintain that state - not improve it. A tenant has the right to add conditions before signing a lease.
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If someone was to drown in your pool you will wish you closed it off ;)

It's law and not negotiable...
 
I think much has been said - and my solution is simple.

I'm paying the deposit LESS the R500.00 repainting.
I'm forwarding emails stating the 50:50 agreement.

If he wants to take me to court over the remaining R2,000.00 - so be it *shrug*

Thanks for the replies
 
Dolby said:
I don't want a 'free' paint job.

I spent R60,000.00 only 2 years back on repairing the place fully. The paint is 100% - barring marks left by sticks from the kids.
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Why can't they just paint the wall themselves ? I know that stickers can stuff up a wall but usually with a bit of a scrub they come off... if there are marks then its not hard to do a small paint job.
 
xrapidx said:
Where's it law?

All I can find is attempts to make it law.
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What? If someone drowns in your pool. Let's say you have visitors and one of their kids drown in your unfenced pool, you are in for a wold of trouble.
I recall an article about it being law. I'll try find it again quickly. It was published last year when there was a huge spike in drownings from household pools.
 
Nerfherder said:
Why can't they just paint the wall themselves ? I know that stickers can stuff up a wall but usually with a bit of a scrub they come off... if there are marks then its not hard to do a small paint job.
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Apparantly it pulled the paint off the wall and cupboard.

He's more than welcome to paint - I don't really care. I've left it with the agent now ... I'm a very calm person, but I have a feeling that me phoning him direct would make the situation worse.
 
Prospective tenants should insist on contacting the previous tenants to find out what the landlord is like.
 
Jamal said:
Prospective tenants should insist on contacting the previous tenants to find out what the landlord is like.
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... I believe I've been more fair than most.

Rent didn't go up for the 1st two years at all - despite hikes in rates, maintenance and pretty much everything else. When I went for the increase in the 3rd year, most people on this forum were getting around 8% annual increases. I gave 5% - which I feel is fair.

Everything has been repaired - no matter how small or dumb the request seems (plastic taps cutting their hands, for one).

After the R60,000.00 'redo', the house was as new - and I don't even get R60,000.00 for the next YEAR after that.

When they asked if they should do 100% of the net - I said agreed on 50%

etc etc etc
 
Pitbull said:
What? If someone drowns in your pool. Let's say you have visitors and one of their kids drown in your unfenced pool, you are in for a wold of trouble.
I recall an article about it being law. I'll try find it again quickly. It was published last year when there was a huge spike in drownings from household pools.
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They were discussing making it law - and people would have two years to comply, if someone were to drown in your pool, you would be charged with culpable homicide... I have yet to find an article stating it is law.
 
Dolby said:
... I believe I've been more fair than most.

Rent didn't go up for the 1st two years at all - despite hikes in rates, maintenance and pretty much everything else. When I went for the increase in the 3rd year, most people on this forum were getting around 8% annual increases. I gave 5% - which I feel is fair.

Everything has been repaired - no matter how small or dumb the request seems (plastic taps cutting their hands, for one).

After the R60,000.00 'redo', the house was as new - and I don't even get R60,000.00 for the next YEAR after that.

When they asked if they should do 100% of the net - I said agreed on 50%

etc etc etc
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No rental increase for two years you say? Well respond to his email about repairing things saying that you'll deduct it from the increase in rental you forgot to notify him about.
 
Dolby said:
... I believe I've been more fair than most.

Rent didn't go up for the 1st two years at all - despite hikes in rates, maintenance and pretty much everything else. When I went for the increase in the 3rd year, most people on this forum were getting around 8% annual increases. I gave 5% - which I feel is fair.

Everything has been repaired - no matter how small or dumb the request seems (plastic taps cutting their hands, for one).

After the R60,000.00 'redo', the house was as new - and I don't even get R60,000.00 for the next YEAR after that.

When they asked if they should do 100% of the net - I said agreed on 50%

etc etc etc
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The Pool net is a tricky one though and I understand where all this is coming from.

Without taking sides or saying person A or person B is right or what ever. This is my take on it:

If I was the Landlord I would just buy it out right and know it's mine and part of the property. Should they damage it, they pay for it. And I will know that any future tenants won't have an issue with pool safety.

If I was the tenant I would buy the pool net and have it installed this for the safety of my kids. I will ask for the money back from the owner. If he refuses I'll just keep the net in case I have to move to another property which doesn't have a net in the future.

The 2 of you agree on 50:50 which is all good. But since this is now turning ugly what if he decided to cut off 1/2 the net? That leaves you with nothing and he will use it for a hammock or something :D.

Just my honest 2c's.
 
There is no need for ambiguity on this one....

He proposed a change (the poolnet).. Tenant and Landlord agreed on 50/50 and this was settled.

Tenant damaged paint which was repaired after Tenant vacated premises, at a cost of R500.

Landlord still has deposit, and will deduct the R500 from the deposit and return the balance.

The poolnet is not open for discussion, regardless of how people feel or think things should be handled, its done and dusted. Period. The tenant has no claim over the Poolnet, or his portion of the cost he put forward for the Poolnet.
 
Pitbull said:
what if he decided to cut off 1/2 the net? That leaves you with nothing and he will use it for a hammock or something :D.
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.... then I'll use my half as a hammock too ;)
 
You should not have to pay him a cent. pay the deposit back minus the R500.


This **** about people drowning in my pool is ridiculous...

If someone can climb over my wall - a little pool fence is hardly going to be a problem to climb over.

If visitors come with their young children - they should simply not be allowed to play in the backyard.

It is bloody ridiculous. Next thing you know - kitchen knives will have to be kept in a lockable drawer - otherwise a child can cut himself...
 
Dolby said:
.... then I'll use my half as a hammock too ;)
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True, but with the next tenant you will be back at square one again.

Personally I would have just taken the knock and bought it as an owner. But the 2 of you agree on 50:50 and now it's complicated.
Lesson learned though so none of us will have to be in your shoes in the future :o
 
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