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Problem swimming pool

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Dear Support

We have a situation where a tenant has moved into one of our Landlord's properties which has a swimming pool and he asked for permission before he moved in to use it for a few private lessons as he is a swimming teacher. The Landlord agreed this was ok and also signed a document allowing the tenant to apply for planning permission for him to use the swimming pool on a commercial basis for private swimming lessons.
Since moving in, the tenant has been quite demanding and has reported several issues with the swimming pool, including the need to install an additional pump, a new PH probe, a new ionization unit, and new Pipe work from the heat save unit to stop a gurgling noise. At first the Landlord said that the e-clear system which the swimming pool operates is sufficient for the swimming pool and the tenant would have to put in any other pumps etc that he needs to make it pass council requirements for lessons and the tenant seemed happy with that, however now the tenant is saying he needs a number of improvements to the swimming pool and is stating that he will be seeking legal advice about not being able to start his lessons in 2 weeks time because of the Landlord not upgrading the pool.
The Landlord is now getting sick of the demands from the tenant and would like him to leave, however a 12 month contract has been signed which as far as I am aware cannot be broken by either party (unless mutual agreement is gained).
The Landlord would like to know whether he can just ask the tenant to leave as he does not want to carry out any more repairs to the swimming pool. As far as he is concerned, he says he lived with the swimming pool for 15 years or more and never had a problem, and he has been told by one of the neighbours that the tenant is now advertising as having a sports/leisure therapy centre at the property, which is not what the Landlord gave permission for. NB, permission was given verbally (although the Landlord also signed planning permission forms for the council for private swimming lessons).
The tenancy agreement which was signed by all parties states in the general section 4.4.3 "Not carry on any trade or profession upon the Property nor receive paying guests but use the Property only as a private residence for the occupancy of the tenants named on this agreement", however there was a verbal agreement as per above between the Landlord and Tenant.
So should we tell the tenant that the Landlord wants him to leave? Is the Landlord liable to bring the swimming pool up to standard for the council to pass it for private lessons?
If the tenant doesn't want to leave, and the Landlord won't do any further repairs/maintenance to the swimming pool, can the tenant take legal action against the Landlord or ourselves to compensate him for loss of business?
Kelly Lee

15/11/2010 00:00

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