Pool Maintenance to Pool not in Lease Agreement

[LeighS]

My partner and I are currently renting a property which, when advertised did not include the pool as it was broken, had been drained and covered with a shade net covering.

We were not fazed by this upon viewing as we weren’t keen on the maintenance costs of a pool anyway. We signed the lease agreement which stated the pool was not included in the lease and that the landlord would have it fixed at some point.

We were only planning on staying in the property for about a year but as things changed we have now agreed to sign a new one year lease agreement making it our 4th year at the property.

The pool has never been fixed or cleaned and with all the rains in the past years it has now become a swamp. It’s water is dark green, with foam and reeds and is now home to loads of insects, as well as a pungent smell.

As we now have 2 toddlers who are running around, I feel it is becoming somewhat of a health issue. What rights do I have to request to pool be cleaned out or filled with sand or any maintenance? Is the landlord responsible to do something about it or are we to just live with it as is?

[GCE]

I would first have a conversation and ask if he can have the pool filled in as it is a health hazard