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Problem landlord re: Swimming Pool Fencing

Posted by McKenna-188113 - Created: 14 years ago
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We are having problems with our landlord who refuses to comply with the regulations to install protection around our pool. Now, we are on a seasonal rental which expires at the end of July. He says we can have a proper long term contract in September. {We have to have a long holiday away!} When pushed on the subject of protection around the pool he says that he is happy to cancel the existing contract and no doubt kick us out. How and where do we stand?Colin McKenna

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2 replies (Showing replies: 1 to 2)

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Posted by legend_in_my_lunchtime-182603 - 14 years ago

As of right now you have no firm legal stance.  But that changes for you on 1st May 2004.  The law 2003-9 voted on 3rd January 2003 gave a deadline of 1st January 2006 to install a security measure for private pools but this law was amended in December 2003 to stipulate a deadline for 1st May 2004 for "location saisonnière de l'habitation".  Note the word "saisonnière" which would apply to your current contract.  If you were to convert to a long term rental in September, the landlord would be able to dally till January 2006.  So on your current contract you have a window of legal opportunity between May and July.

I don't know exactly what your "préavis" is on your seasonal rental so can't advise action steps with a lot of confidence.  However, if the risk to you and family is acceptable to wait till 1st May (e.g. no small children around) then you could wait until May and then petition the landlord for immediate resolution.  If you can't wait, and you will take the risk that he terminates your seasonal rental, then you can start the process earlier, in full knowledge of the fact that he'd be obliged to agree for any seasonal renter as of 1st May anyway.

As PC states - the failure to comply is a penal offence - with 45,000€ fine, so you might just bring that up in conversation.

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Posted by Paul Carmel-190537 - 14 years ago

I dont know if this will help but you might want to let him know the fine is €45.000..............pc