Dubai: Landlords have no right to prevent tenants from benefitting from a property’s facilities, such as the parking, gym, swimming pool and health club, according to a recent advisory that was issued by the Dubai Land Department (DLD).
In the post, which DLD shared on its official social media channels, tenants were told that the rent they pay covers the use of the facilities, and if a landlord denies the tenant access, a tenant is within their right to file a case.
However, there might be instances when you are asked to pay an additional cost for accessing certain services or areas in your community. Why does this happen? And is it legal for the landlord to ask for an additional payment? Gulf News spoke to legal experts in Dubai to find out.
Is a landlord allowed to charge for access to facilities?
Manali Sangoi, a legal associate at Hadef and Partners, explained that as per Article 11 of Law No. 26 of 2007 - Regulating the Relationship between Landlord and Tenants in the Emirate of Dubai (Dubai Rental Law) - the rent covers the use of the facilities in the property. However, according to Sangoi, it also comes down to what the lease contract states. This is provided for within Article 11, which states: “Unless otherwise agreed, the rent will cover the use of the property’s amenities such as swimming pools, playgrounds, gymnasiums, health clubs, car parks, and other amenities.”
Sangoi said: “As per Article 11, if the contract is silent regarding the use of common building amenities, then the law provides that the use of such amenities will be covered within the rent. In such a situation, the landlord cannot charge additional fees for the use of the common building amenities by the tenant. However, the law [also] permits the parties to arrive at their own arrangement regarding the use of common building amenities and the tenancy contract can provide for a separate charge for using it. We have seen additional fees charged for amenities that are not provided exclusively to the building occupiers. For instance, beach and beach club access and use.”
As per Article 11, if the contract is silent regarding the use of common building amenities, then the law provides that the use of such amenities will be covered within the rent. In such a situation, the landlord cannot charge additional fees for the use of the common building amenities by the tenant.
What happens if the landlord cuts off access for maintenance or renovation?
In case your rental contract does not state any such provision, then as a tenant you are entitled to use the facilities within the building premises.
“Any extended or unreasonable period of closure, maintenance or renovation of amenities may provide grounds for the tenant to seek compensation or termination through the Rental Dispute Settlement Centre (RDSC),” Sangoi said.
How can I raise a complaint?
Mohamed Noureldin, founder, and senior legal consultant at Nour Attorneys, explained that Article 17 of the same law lists out the obligations of the landlord and states that the landlord will be responsible if he or she precludes the tenant from full use of the property as intended. In cases where you are denied access to facilities, as a tenant you are entitled to file a complaint through the Rental Dispute Settlement Centre (RDSC).
“If the tenancy contract contains a clause for arbitration, then the matter should be referred to arbitration in the event of a dispute. However, if there is no arbitration clause, the tribunal (RDSC) has the power to appoint the arbitrator upon the request of either party,” he said.
If the tenancy contract contains a clause for arbitration, then the matter should be referred to arbitration in the event of a dispute. However, if there is no arbitration clause, the tribunal (RDSC) has the power to appoint the arbitrator upon the request of either party,
“The tenant can also approach the tribunal by filing a claim for damages for any loss he or she may have suffered, supported by official reports that support the existence of such a violation,” he added.
For a detailed guide on the step-by-step process of how to file a case at RDC, read our detailed guide here.
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