If the property has a swimming pool or spa, the tenant is responsible (unless the written agreement states otherwise) for routine day-to-day upkeep and maintenance, such as cleaning and maintaining the chemical balance of the water (including buying pool chemicals).
You should make sure that the pool is clean and chemically balanced at the start of the tenancy and that the pool and equipment are serviceable. Provide the necessary tools and equipment for day-to-day maintenance, such as vacuum, hoses, brushes and scoops.
Before the tenancy begins give the tenant clear instructions on how to use and care for the pool / spa and the equipment, and get a chemical reading check from your local pool shop to provide proof of the water balance at the start and end of the tenancy.
As the Landlord, the owner of a property that has a pool, you must ensure that the pool complies with Swimming Pools Act / Pool Safety Standards applicable to your state. Penalties apply.
NSW:
Home Swimming Pool Safety Checklist
ACT:
QLD: the QLD Government has introduced new Pool Safety laws that require pool owners to obtain pool safety certificates from a licensed pool inspector before entering into a Tenancy Agreement. This applies to new fixed term agreements and renewals.
QLD Building and Other Legislation Amendment Act 2010
Overview of the pool safety laws
Tips for pool owners, Landlords and real estate agents
Leasing a property with a pool
Vic:
Building Code of Australia 2010
What you need to know about Swimming Pool and Spa Safety Barriers
WA:
Local Government (Miscellaneous Provisions) Act 1960
NT:
NT: Swimming Pool Safety ACT 2004
TAS:
SA:
Development Act 1993 – Section 71AA – Swimming Pool Safety
Development Regulations 2008 – Regulation 76D – Swimming Pool Safety
The Royal Life Saving Society of Australia have developed a number of facts sheet on topics such as Supervision, Resuscitation, Water awareness, among others.



