AUQLDREPMT28 & AUQLDREPMT29 - ADL Distributed Special Conditions

1.

If an above ground swimming pool is erected or is intended to be erected on the premises:

(a)

The tenant must not erect an above ground swimming pool without giving written notice, to the Landlord, detailing the proposed pool, and having obtained the Landlord’s written approval before erecting the pool and any required safety fencing.

(b)

The Tenant must obtain all necessary approvals before erecting an above ground swimming pool.

(c)

The Tenant must, during the term of the tenancy, comply with the regulations of the Building Act 1975 in so far as they relate to above ground swimming pools and required safety fencing

2.

During the term of the tenancy the tenant must comply with all safety requirements of the Building Act 1975 and in particular ensure:

(a)

child-restraint barriers are in place and properly maintained,

(b)

access gates and doors are securely closed at all times,

(c)

at all times to maintain and not interfere with, move or obscure in any way warning notices and resuscitation signs in the immediate vicinity of the swimming pool,

(d)

at all times, there are no climbable objects near the child-restraint barriers that would allow children to access the swimming pool.

(e)

where a child-restraint barrier, warning sign or resuscitation sign is damaged and becomes ineffective the tenant must advise the landlord or the agent immediately.

3.

During the term of the tenancy the tenant is responsible for general maintenance including:

(a)

regular cleaning of filter baskets

(b)

maintaining required water levels

(c)

removing vegetation and other rubbish from the pool

(d)

maintaining the pool water condition

(e)

regular pool services

(f)

payment of costs for all required pool chemicals

(g)

advising the landlord or the agent immediately of any pool related problem.

4.

the Tenant must maintain the pool and pool equipment to the satisfaction of the landlord acting reasonably, and where the Tenant fails to do so, the tenant will be in default and the landlord may seek to recover any loss or damage incurred.

5.

Immediately prior to the end of the term of the tenancy the tenant will provide to the landlord or the agent:

(a)

opportunity to inspect the pool; and/ or

(b)

a pool condition report completed by a professional pool service company.

6.

Immediately prior to the end of the tenancy the tenant will, unless otherwise agreed with the landlord, remove the above ground pool and any safety fencing and restore the grounds in good order and condition as at the beginning of the tenancy.

7.

Should consent be granted, the Indemnity in clause 8 of the Addendum-Special Terms will apply.

Note: Regulations made under the Building Act 1975 apply to any person erecting an above ground swimming pool.

This provision applies to swimming pools and spas that hold water to a depth of 300mm or more; have a volume of more than 2000L or have a filtration system.

1.

If an above ground swimming pool is erected or is intended to be erected on the premises:

(a)

The tenant must not erect an above ground swimming pool without giving written notice, detailing the proposed pool to the Landlord and having obtained the Landlord’s written approval before erecting the pool and any required safety fencing.

(b)

The Tenant must obtain all necessary approvals before erecting an above ground swimming pool..

(c)

The Tenant must, during the term of the tenancy, comply with the regulations of the Building Act 1975 in so far as they relate to above ground swimming pools and required safety fencing.

(d)

the Tenant must maintain the pool and pool equipment to the satisfaction of the landlord acting reasonably, and where the Tenant fails to do so, the tenant will be in default and the landlord may seek to recover any loss or damage incurred.

(e)

Immediately prior to the end of the tenancy the tenant will, unless otherwise agreed with the landlord, remove the above ground pool and any safety fencing and restore the grounds in good order and condition as at the beginning of the tenancy.

(f)

Should consent be granted, the Indemnity in clause 8 of the Addendum-Special Terms will apply.

Note: Regulations made under the Building Act 1975 apply to any person erecting an above ground swimming pool.

This provision applies to swimming pools and spas that hold water to a depth of 300mm or more; have a volume of more than 2000L or have a filtration system.

1.

the previous Tenancy Agreement is, by mutual consent, terminated;

2.

this Tenancy Agreement replaces the previous Tenancy Agreement; and

3.

subject to each party having performed all their covenants and conditions under the previous Tenancy Agreement up to the commencement date of this Tenancy Agreement, the parties are released from any and all obligations arising under the previous Tenancy Agreement.