Tenancy contract query

I am faced with a problem with regard to an increase in my rent in the second year. Last year, I entered into a contract for an apartment which was inclusive of maintenance and car parking facilities. Now I have received a letter from the real estate agent, saying I need to renew the contract, and they have kept the rent the same but have added new categories - Dh5,000 maintenance fees and Dh3,000 car parking fees. The biggest surprise involves maintenance fees. I am now expected to cover the cost say, if for example, the AC compressor is faulty. Can they insert new categories into the contract when such categories were not there last year, when it was all a part of the rent? What should I do - go to the Rent Committee or first talk to the real estate agent and negotiate? And also, do you think I have a right to negotiate what is covered by the maintenance contract. I have heard that for the second year renewal they have to respect the terms of the contract signed the first time.

I would like to clarify to all tenants that the landlord has no right legally to modify the terms and conditions of the contract which he signed with the tenants. Therefore, the tenant is entitled to renew the contract with the same previous conditions. Moreover, article no. (11) of the law 26, 2007 Regarding Regulating Relationships between Landlords and Lessee of Properties of Dubai states the following: "Except when agreed otherwise, the rental value shall allow the lessee to use the common areas of property such as the swimming pool, gymnasium, parking facility and others."

Therefore, the questioner is entitled to free parking upon the renewal of the contract as long as the questioner had such a right the previous year.

- Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.