Update
Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.
Tenants/residents and property managers/owners should work together to ensure that pools in rental properties are safe, compliant and well maintained.
Under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), property owners must ensure their property is not in breach of any health and safety laws, including pool safety laws.
Tenants/residents have a duty to keep pool areas secure, report issues to their property manager/owner in a timely manner and follow any agreed special terms in their tenancy agreement.
Pool safety certificates
Pool owners must have a pool safety certificate issued by a licensed pool safety inspector. A copy of the certificate should be included with the tenancy agreement.
To obtain a pool safety certificate, property owners must meet strict requirements to reduce the risk of children getting into the pool area unsupervised. These requirements are outlined in the Queensland Building and Construction Commission’s (QBCC) swimming pool safety standard and cover things such as fence height and strength, gates and latches, and signage.
If a certificate has not been obtained, a tenant may consider it a breach of the property owner’s duty to comply with all health and safety laws.
The Entry condition report (Form 1a) includes a check box for tenants to confirm they have received a copy of the pool safety certificate. The form should also be used to note the condition of the pool at the start of the tenancy.
To check if a pool has a current pool safety certificate, you can use the QBCC’s free pool safety register. Property owners can be fined for not registering a pool with the QBCC.
Temporary or portable pools and spas
Tenants should obtain permission from their property manager/owner before installing a temporary pool or spa.
If a tenant installs a temporary pool or spa, they are responsible for ensuring it is compliant. A pool safety certificate is required for temporary pools and spas if they meet any of these criteria:
- can be filled with water to a depth of more than 300mm
- have a volume of more than 2,000L
- have a filtration system.
The Department of Housing and Public Works provides further information about portable pools and spas.
Failing a pool safety inspection
If a licensed pool safety inspector inspects a pool and finds it to be non-compliant they may issue a QBCC Pool safety nonconformity notice. The pool owner then has 3 months to do the necessary repairs.
If the pool owner does not ask the inspector to re-inspect the pool within 3 months the inspector must notify the local government. The local government can take enforcement action to ensure the pool is made compliant.
If a Pool safety nonconformity notice is issued for a pool, the tenant may be able to negotiate a rent reduction until the pool is deemed safe to use. For further information about rent reductions, see Property becomes unliveable.
Keeping a pool area secure
Tenants must ensure that gates and doors giving access to a pool are kept securely closed. They should also ensure there are no climbable objects such as pot plants or loose outdoor furniture that would allow children access to the pool.
Penalties apply for wilfully interfering with a pool barrier.
Pool maintenance
Property managers/owners are responsible for ensuring pools and pool fixtures are in good condition and comply with safety standards. The maintenance of a pool and any tenant responsibilities should be covered in the special terms of the tenancy agreement.
Generally, a tenant is responsible for everyday upkeep such as clearing leaves from the pool, keeping the pool clean, and potentially adding necessary chemicals (if agreed to in the special terms). This should be discussed before signing a tenancy agreement. Tenants are also responsible for ensuring pool safety standards are upheld, including reporting any repair or maintenance issues in a timely manner.
Ideally, the property manager/owner should provide instructions for any pool upkeep the tenant must carry out.
If the tenant is responsible for cleaning the pool, they can’t be required to use a specific business to do the cleaning.
If a pool is no longer able to be used due to a safety or maintenance issue which isn’t the tenant’s fault, the tenant may be able to negotiate a rent reduction until the issue is resolved. For further information about rent reductions, see Property becomes unliveable.
Pool maintenance contractors
Pool maintenance covered by a contract between a property manager/owner and an external company should be included in the tenancy agreement.
A property manager/owner cannot require the tenant to enter into a maintenance contract or require the tenant to use a particular company to provide maintenance services.
Water charges
Tenants must leave a property in the same condition as it was when they moved in, excluding fair wear and tear. For properties with a pool, this often means keeping the pool topped up which uses a large amount of water.
It’s possible for tenants to negotiate on water charges if they are likely to be excessive but are necessary for the upkeep of the property.
The tenant and property manager/owner should discuss the estimated amount of excess water required for the pool, agree the amount and who is responsible for paying, and include these details as part of the tenancy agreement.
Shared pools
In a caravan park, rooming accommodation or unit complex, tenants/residents are not generally responsible for pool maintenance but may have to follow rules about how, and when, the pool can be used.
The safety certificate for shared pools should be provided with the tenancy agreement or may be included in the copy of the body corporate bylaws.
The safety certificate must be clearly displayed near the main entrance to the property or at a gate accessing the pool.
If no safety certificate is in place, the property manager must provide the tenant/resident, pool owner and the QBCC with a QBCC Notice of no pool safety certificate. The owner of the pool (usually the body corporate) then has 90 days to obtain a pool safety certificate.