Poolnet - I'm not liable ?

Pitbull said:
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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I'm intrigued as to why you think its complicated.

The Tenant paid 50%, the Landlord paid 50%.. this was agreed upon. The Tenant has no claim on the Poolnet after they end their lease and vacate the premises.

Hell if the Tenant had removed the Poolnet, he could have been in for a world of trouble actually.
 
requiem said:
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...
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You don't have children do you?

My kids can get over, under and into anything :D Please tell my kids to not play in the back yard...

They will however get over a small fence too if they wanted you are correct, but then you as the owner at least took the precaution. It's like saying don't wear a safety belt since you are not driving to cause an accident... Accidents happen mate, it's best to try your best to prevent them than to look a friend in the eyes after his kid/s drowned in your pool ;)
 
Pitbull said:
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
Click to expand...

He's actually just left - he's not even there anymore and another tenant is in his place.

Personally, I think he needs to get enough money as he's just bought a house - and we all know how expensive those are in the 1st few months. So every R500.00 helps.
 
requiem said:
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...
Click to expand...

Thats why I'm trying to get clarity on the law... about 90% of pools I've seen do not have a pool net, or fence... Mine doesn't, but it is surrounded by a 1.9-2m wall around my property.

If someone visits me with kids, knowing I have a pool - and they don't watch their kids, they're idiots... We have three dogs, and watch them like hawks when they're around the pool... In fact - I have a thread around here about the one dog doing the drowning experience. If my BRT falls in the pool, she has around 30 seconds before she gets to heavy and drowns.
 
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B.O.F.H. said:
I'm intrigued as to why you think its complicated.

The Tenant paid 50%, the Landlord paid 50%.. this was agreed upon. The Tenant has no claim on the Poolnet after they end their lease and vacate the premises.

Hell if the Tenant had removed the Poolnet, he could have been in for a world of trouble actually.
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Well it's an issue now isn't it?
He made a thread about it, so if it wasn't complicated we wouldn't have heard about it :D
 
Dolby said:
He's actually just left - he's not even there anymore and another tenant is in his place.

Personally, I think he needs to get enough money as he's just bought a house - and we all know how expensive those are in the 1st few months. So every R500.00 helps.
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That's why he's causing such a scene now... it all comes together now :D
 
Well yes, its an issue because Dolby is asking for advice.. of course :)

But legally, its no issue whatsoever.
 
Pitbull said:
Well it's an issue now isn't it?
He made a thread about it, so if it wasn't complicated we wouldn't have heard about it :D
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You head about it because although I knew I was in right, I wanted a bunch of random folk to agree with me ;) Plus there could be virtual mass hysteria and I may take it further if edged on enough
 
Dolby said:
He's actually just left - he's not even there anymore and another tenant is in his place.

Personally, I think he needs to get enough money as he's just bought a house - and we all know how expensive those are in the 1st few months. So every R500.00 helps.
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How long ago did he leave? IIRC you have a certain amount of time to raise the issue of damages with him, after which his deposit should have been returned.
 
Pitbull said:
You don't have children do you?

My kids can get over, under and into anything :D Please tell my kids to not play in the back yard...

They will however get over a small fence too if they wanted you are correct, but then you as the owner at least took the precaution. It's like saying don't wear a safety belt since you are not driving to cause an accident... Accidents happen mate, it's best to try your best to prevent them than to look a friend in the eyes after his kid/s drowned in your pool ;)
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No, not at all Pitbull...

If I had kids, of course I would put up a fence and a net on my pool. i.e. it is my kids... I would want to protect them.

To expect (and make law) that every swimming pool owner needs to put up a fence and or net - to prevent people from drowning in my pool is ridiculous.

The complaint is more about what possible reason the government has - the only people who could potentially drown in my pool - are people who are trespassing on my property.

If a friend does bring his children to my house, then of course I would consider putting up a pool net, or prevent them from going outside to play. At the moment - none of my friends have children young enough to drown unsupervised in my pool, hence my objection to being forced to install a net/fence.
 
xrapidx said:
Thats why I'm trying to get clarity on the law... about 90% of pools I've seen do not have a pool net, or fence... Mine doesn't, but it is surrounded by a 1.9-2m wall around my property.

If someone visits me with kids, knowing I have a pool - and they don't watch their kids, they're idiots... We have three dogs, and watch them like hawks when they're around the pool... In fact - I have a thread around here about the one dog doing the drowning experience. If my BRT falls in the pool, she has around 30 seconds before she gets to heavy and drowns.
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Exactly what I am thinking. I have a serious objection to being forced to put a net around my pool for other peoples safety (in my own property) where other people are not welcome. The only way I can think of anyone drowning in my pool is a neighbours kid climbing over my wall...
 
xrapidx said:
How long ago did he leave? IIRC you have a certain amount of time to raise the issue of damages with him, after which his deposit should have been returned.
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6 days ago .... ;)

That's why we're both going through now ; he wants his deposit back which he can gladly have - less my painting cost! He can go screw himself for the other costs ....
 
requiem said:
Exactly what I am thinking. I have a serious objection to being forced to put a net around my pool for other peoples safety (in my own property) where other people are not welcome. The only way I can think of anyone drowning in my pool is a neighbours kid climbing over my wall...
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I'm then gonna sue the government for not fencing off the coast line :p
 
Dolby said:
6 days ago .... ;)

That's why we're both going through now ; he wants his deposit back which he can gladly have - less my painting cost! He can go screw himself for the other costs ....
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Well then you sorted... the only thing I thought he could attempt to use against you is if it is law for the pool to be enclosed or have a net... but that doesn't seem to be the case, I can only find the Johannesburg by-law, but I'm not sure its in effect.
 
For interest sake: Swimming Pool Bylaws in JHB (Probably not active yet)

"The most important fact to note is that all existing swimming pool owners will have to re-apply for permits (which was not a requirement in the old by-law) to the City's proactive services department."

Inspectors would then visit the addresses, issue recommendations if necessary and if those requirements (such as safety nets, enclosures and alarms) were met, then the required permit would be issued.

Residents wishing to build new swimming pools would have to submit their plans to the City's building control department for approval.

If the requirements are met, as set out in the new by-laws, a permit would be issued.
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http://www.news24.com/SouthAfrica/News/Swimming-pool-by-laws-reviewed-20090316

http://www.joburg.org.za/index.php?option=com_content&view=article&id=4895&catid=197&Itemid=344
 
I have a wall - at least 1.2M high - around my entire property.


Everyone else can ****off....

Let me guess, this will be added to our rates and taxes...
 
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