Berlioz Posted October 17, 2006 Share Posted October 17, 2006 Our landlord has not supplied the promised pool alarm (we moved in at the end of July) despite numerous e-mails and letters about all the items still not working/not done which he ignores. There is also no sign of the promised men to 'winter' the pool. If we get caught without an alarm who is liable for the fine, him or us?Thanks,Donna Link to comment Share on other sites More sharing options...
Poolguy Posted October 17, 2006 Share Posted October 17, 2006 That is a difficult matter of law... and one for the courts to decide I suspect.But, initially it would be you who would be caught with a nonecompliant pool and therefore it would be you who would be fined. You inturn would then have to sue your landlord if the matter of a compliantdevice was a specific part of the house equipment. However, these areopinions of conjecture and not to be relied upon as I am sure there areother aspects and circumstances to be considered.If it concerns you that you are thus exposed I suggest that you seeklegal advice concerning your exposure and ask what steps might be takenagainst the landlord.If there are to be 'Men to winterize the pool' might that be taken thenthat the Landloard undertakes to maintain the pool throughout the year?Andrew Link to comment Share on other sites More sharing options...
Berlioz Posted October 17, 2006 Author Share Posted October 17, 2006 Thanks AndrewThis is what I suspected, it is in our lease that he has to supply one. the 'Men' only come in the spring to open and in the autumn to close the pool, we are responsible for salt etc the rest of the year. We even bought our own bubble wrap blanket as he would not provide one. Donna Link to comment Share on other sites More sharing options...
Poolguy Posted October 17, 2006 Share Posted October 17, 2006 I suspect that you might want to contact anavocate fairly quickly to get it sorted out.You have I suspect legal custody over the pool given that you also maintain it(at least in part). That fact that the landlord has a contractural obligationto supply equipment, which he has not, does nothing to obviscate your statutoryobligation to make your pool safe with a compliant security device. In the endyou will still be prosecuted and its then for you to seek compansation forbreach of contract with your landlord (good luck).I would encourage you to act without delay.... off to the telephone (allors)Andrew Link to comment Share on other sites More sharing options...
Berlioz Posted October 17, 2006 Author Share Posted October 17, 2006 Well, you are not going to believe this but, even as I type the 'Pool Alarm Man' is installing the alarm. He phoned about an hour ago, to arrange to deliver the alarm and actually turned up.Was it the power of thought? or Voodoo? LOL Link to comment Share on other sites More sharing options...
Poolguy Posted October 17, 2006 Share Posted October 17, 2006 Good ResultBetter also talk to him about a fence or compliant cover..... an alarm is never enough in reality.Andrew Link to comment Share on other sites More sharing options...
Dick Smith Posted October 17, 2006 Share Posted October 17, 2006 It was the Cosmic Trigger! Link to comment Share on other sites More sharing options...
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