Neighbourhood Watch: Large grey area in major maintenance

What is meant by major maintenance? This is a term we hear when renting a property, generally a villa, and its interpretation is often unclear.

Many of us have different understandings of major and minor maintenance, and therefore of what the landlord will ultimately provide.

Is the replacement of a water heater major maintenance? Does a broken pipe or a burned out pump fall into the major or minor category? Is a dripping tap the only minor maintenance falling within the realm of plumbing? Is a backed up toilet or a damaged flexible shower hose under the heading of major or minor?

Is changing a light bulb minor maintenance and everything else related to electrical problems major maintenance? If a tenant has asked the landlord to install remote control gates or kitchen appliances, should the landlord then also be responsible for their maintenance after the warranty period has expired?

Assuming these things one way or the other, either by the landlord or tenant, often leads to misunderstanding later between the tenant, landlord or the agent who rented the property.

Perhaps a little more clarity at the outset would be of help, keeping in mind that there are discrepancies with some landlords. Ten landlords may feel that changing a flexible hose is an acceptable request while the 11th might disagree.

The following problems are generally placed in the category of major maintenance: AC compressors, water heaters, plugged drains (due to roots, leaves, etc), boundary wall defects, broken pipes, cracked walls, damp rot, roof leakage, electrical shorts, plugged toilets, interior and exterior painting of the villa. There are obviously many others, but this conveys the general nature of major maintenance.

Minor maintenance covers everything else that can occur in a villa, including cracked tiles, fly screens, pest control, broken light fittings, leaking toilets and taps, flexible hoses and grouting.

Major maintenance for some landlords means structural defects and air conditioning. For others, it includes almost all maintenance problems that can occur, with the exception of changing light bulbs.

There is also another grey area with respect to maintenance, and that is when the landlord believes that the required maintenance is the result of tenant negligence. An example of this would be plumbing problems resulting from a clogged toilet that was caused by the tenant. This list is arbitrary and disputes always arise in the middle of the problem and are generally frustrating to resolve.

Major maintenance is a broad term and leaves a lot of room for argument. In many cases the landlord as well as the tenant is uncertain as to what area of maintenance this covers, and it is obviously something to clarify before the contract is signed.

The agent or landlord can list the standard maintenance items as an addendum to the tenancy contract, thus avoiding confusion or misunderstanding later.

The author is the managing director of Dubai-based Better Homes LLC. Your views and questions can be sent to Gulf News, PO Box 6519, Dubai. Fax: 3441627. E-mail - editorial@gulf-news.com