Ask Gulf News: Who pays old service charges when buying a property in Dubai?

Question: One month ago, I bought an apartment from someone and registered the property in my name. I later discovered that the previous owner had not paid AED 50,000 in service charges for the building’s common areas for the past two years, so I had to pay the amount myself. My question is: do I have the right to recover this amount from the previous owner, and where should I file the case?

Answer: The previous owner is responsible for paying any amount or charges that existed before the purchase date, unless otherwise agreed between you and the seller in the purchase agreement.

You must file the case with the Rental Disputes Settlement Centre, as per Article (42) of Law No. (6) of 2019 Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai, which states: “In addition to the functions assigned to the RDSC (the Rental Disputes Settlement Centre in the Emirate) under the legislation in force, the RDSC shall have exclusive jurisdiction to hear and determine all disputes and disagreements related to the rights and obligations stipulated in this Law and the resolutions issued in pursuance hereof, in accordance with the relevant rules and procedures adopted by the RDSC.”

This means that following the issuance of Law No. (6) of 2019 regarding jointly owned property in the Emirate of Dubai, the Rental Disputes Settlement Centre has become the sole competent authority to adjudicate all disputes related to the rights set out in this law, even if those rights were established before the law came into effect.

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