What if the property does not have a pool safety certificate from 1 December 2010 and a new tenancy agreement or renewal of tenancy agreement is required?
As with most new legislation there is some confusion over the pool fencing legislation and how it will impact on landlords. To clarify how Queensland property owners will be affected please find for non shared pools the simple answers for each likely scenario from 1 December 2010 following.
If the Fixed Term Tenancy Agreement is signed prior to 1 December 2010 with a start date of 1 December 2010 or later eg signed 30 November 2010 there is no requirement to have a Pool Safety Certificate for the Property until the Property is relet or the Tenancy Agreement is renewed.
As of 1 December 2010 a Pool Safety Certificate MUST be in place at the time of signing the Tenancy Agreement not when the occupation or renewal of the Tenancy commences – NO EXCEPTIONS.
For a New Tenancy Agreement
The Property cannot be let and must remain vacant until a Pool Safety Certificate has been issued for the Property.
For a Renewal of Tenancy Agreement
If the Tenancy Agreement is due to expire the Tenancy Agreement cannot be renewed until the certificate is issued and will have to go to a Periodic Agreement or the Tenancy terminated.
For a Periodic Tenancy Agreement
Whilst a Periodic Tenancy Agreement is in place there is no requirement for a Pool Safety Certificate, however, if the original terms and conditions of the Agreement change (eg. rent increase) at any point, a Pool Safety Certificate will need to be obtained.
If a Pool Safety Inspector has been engaged but the Certificate has not been issued
If a Pool Safety Inspector has commenced the process for issuing a Pool Safety Certificate and has found repairs required – a Tenancy Agreement either new or renewal cannot be signed until the Pool Safety Certificate has been issued.
What does this mean for the Lessor? The Property must remain vacant if a new let or the Fixed Term Agreement must roll over to a Periodic Agreement or the Tenancy Agreement must be terminated.
Organising a Pool Safety Inspector does not mean the Property is compliant. A Pool Safety Certificate MUST be issued.
For more information visit http://www.dip.qld.gov.au/pool-safety/pool-safety-laws.html
Source: Real Estate Dynamics