Dubai, with its awe-inspiring skyline and luxurious lifestyle, is a sought-after destination for residents and expatriates alike. When renting an apartment or villa in this vibrant city, tenants often expect a certain level of comfort and convenience. Some of the amenities include swimming pools, gyms and access to common areas. However, in some instances, tenants may find themselves facing a situation where a landlord restricts their access to these amenities. Let’s discuss the rights and responsibilities of both landlords and tenants in Dubai. We will also explore if a landlord can deny access to amenities in Dubai.
Understanding the Dubai Real Estate Market
Dubai’s real estate market is highly dynamic, regulated by various laws and regulations to ensure the rights of landlords and tenants are protected. The Dubai Land Department (DLD) plays a pivotal role in regulating the real estate sector. One of its key objectives is to properly manage real estate transactions and leases.
Understanding the Legal Framework
Tenants in Dubai have recently received valuable guidance from the DLD regarding their rights when it comes to a landlord denying access to amenities in Dubai. The DLD made it clear that landlords have no authority to deny tenants access to the facilities, which are included in the rent paid by tenants. In such denial, tenants have the right to file a complaint.
As per Article 11 of Law No. 26 of 2007, which regulates the relationship between landlords and tenants in Dubai (Dubai Rental Law), the rent paid by tenants typically covers the use of the property’s amenities. Article 11 states that, “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.”
According to Article 11, if a rental contract doesn’t mention who pays for shared building amenities, the cost is included in the rent in Dubai. In this case, the landlord can’t ask the tenant to pay extra. However, parties are allowed to establish their arrangements concerning the use of amenities. Also, the landlord can mention the charges for using amenities in the tenancy contract. For instance, some landlords charge extra fees for amenities not exclusively available to the building’s occupants, such as beach and beach club access.
Maintenance or Renovation: A Valid Reason for Temporary Closure
When it comes to landlords temporarily closing off amenities for maintenance or renovation, it’s essential to consider the terms of your rental contract. If your contract does not contain any provisions addressing such closures then a tenant retains the right to use the building’s amenities during the time duration. However, if a landlord unreasonably prolongs or extends these closures, you may have grounds for seeking compensation or even termination of the lease through the Rental Dispute Settlement Centre (RDSC).
However, to maintain a healthy tenant-landlord relationship, it’s important to honour the rights and responsibilities of both parties. Following these practices can assist in resolving conflicts when they arise.
How Can a Tenant Raise a Complaint?
Tenants can complain if they are not allowed to use the property they should. According to Article 17 of the Dubai Rental Law, the landlord is responsible for allowing the use of amenities available in the property. As per the Dubai tenancy rules, the landlord is responsible if they prevent the tenant from fully utilising the property as intended. In such cases, tenants are entitled to take legal action for denied building facilities in Dubai. They can file a complaint with the Rental Dispute Settlement Centre (RDSC).
In the absence of an arbitration clause in the tenancy contract, the tribunal (RDSC) can designate an arbitrator at the request of either party to resolve any disputes. However, if the contract does include an arbitration clause, then arbitration is the designated method for dispute resolution.
Furthermore, tenants can go to the tribunal to request a security deposit refund from the landlord if they face losses due to the absence of amenities. However, in such circumstances, tenants must file an official report to RDSC.
FAQs
Can my landlord block access to building amenities?
In Dubai, landlords can temporarily block access to building amenities for valid reasons such as maintenance and renovations. Besides, landlords can also deny access if the tenants breach the terms of use outlined in the lease agreement. However, the landlord can not unreasonably restrict access. Tenants have the right to enjoy the amenities as long as they adhere to the terms and conditions in the lease agreement.
Besides, if a tenant believes that their access to building amenities is unfairly blocked, they can seek resolution through the Dubai Rent Committee or the Rental Dispute Settlement Center (RDSC).
Can landlords in Dubai charge tenants extra for amenities?
Yes, landlords can charge tenants extra for amenities in Dubai, however, it should be specified in the lease agreement. If the rental contract mentions an additional fee for amenities, tenants must pay it. However, landlords cannot impose extra charges for amenities if the lease agreement does not include such provisions. It’s essential for tenants and landlords to clearly outline any additional fees for amenities in the rental contract to avoid disputes.
Now you know if a landlord can deny access to amenities in Dubai in not. When renting an apartment in Dubai, make sure you follow this tenancy contract checklist. Tenants in Dubai enjoy legal protections that ensure access to building amenities included in their rent.
Landlords are generally not allowed to charge an additional fee for these amenities unless they already mention it in the tenancy contract. In cases of access denial or unreasonable maintenance closures, tenants have a legal avenue to seek resolution through the Rental Dispute Settlement Centre. Both landlords and tenants need to be aware of the legal provisions to maintain a fair and harmonious renting experience in Dubai.
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