Landlords, install a pool cover to keep your tenant and pocket happy
What can we do about Cape Town landlords who refuse to provide pool covers for their rental properties?
Quite simply, you should advise your landlords that in light of the City of Cape Town’s water restriction by-laws, should they fail and/or refuse to provide their tenants with pool covers, they cannot seek to hold their tenants liable for the maintenance of the swimming pools.
In this regard, it should be noted that without a pool cover (and depending on the level of water restrictions that are imposed at that time) potable water may not be utilised for the purpose of topping up pools where no pool cover is in use.
Should the pool’s water level drop below a certain point (due to evaporation), it would then be impossible for the tenant to run a pool pump without causing serious damage to the pump itself. The cost of replacement of a pool pump would, invariably, far exceed the cost attendant upon the provision of a pool cover.
Moreover, the tenants at these properties may wish to object to paying the landlord the full rental due in terms of the lease. On this score, it is worth noting that when a tenant leases a property, he is entitled to the full use and enjoyment of the property’s amenities. This, of course, includes a swimming pool.
Therefore, failing to place the tenant in a position where he is able to maintain a swimming pool, or where he is unable to fully enjoy the amenities of the property concerned, may ultimately have financial consequences for the landlord, which will far exceed the costs attendant upon the purchase of a pool cover.
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Who is Marlon Shevelew?
Marlon Shevelew is the director of Marlon Shevelew and Associates Inc, a law firm specialising in rental property, sectional title, contractual, consumer and company law. The firm is the recipient of more than 45 international property law awards. Marlon is the current author of PayProp’s rental documentation and preferred rental property attorney to the Institute of Estate Agents South Africa (IEASA), the Rental Housing Tribunal Western Cape, presenter of the Advanced Residential Property Law Seminar endorsed by the University of Cape Town and the director of the top rental property law firm in the country, according to several international publications. Marlon also created the unique Rental Retainer Club and RentDoc which offers clients affordable legal fees for rental property-related matters. Marlon is contactable on firstname.lastname@example.org anytime for more information on these services.