Tenants in residential units in Dubai and Sharjah have complained that real estate companies are deliberately closing swimming pool facilities for years under the pretext of maintenance, which they consider to be a breach of the rental contracts.
Real estate management companies are deliberately suspending swimming pools due to the high operational and maintenance costs, according to Akarion, pointing out that these companies are losing tenants in the long term.
They demanded that the fines imposed on violators be intensified, include these remarks in the lease, and highlight the tenant's right to compensation, in case he did not benefit from the facilities.
They stressed that tenants have the right to resort to dispute resolution committees, when it is difficult to reach a solution with the owners on the operation of swimming pools, especially as the disruption of them is a breach of the terms of the agreement and contract with tenants.
Complaints of tenants
In detail, the tenant, Mohammed Ahmed, said that the building in which he lived had disrupted the work of the pool four years ago, and placed a sign that «under maintenance». He added that he preferred to rent in that building because there are several facilities, including the swimming pool, considering what happened in breach of the contract with the company when leasing, even if this is not documented in the leases.
In turn, tenant Mohammed al-Akkawi said that he had opened a request to prove a case at the Dubai Rent Dispute Center, to inspect the property in which he resides, and the owner's closure of the pool for more than eight months, citing maintenance work, despite his agreement with the landlord to use the pool. Includes in the rental value. He demanded specialized authorities to compensate him for the damage and psychological harm, as he moved to this building according to the desire of his children to live in a building that includes a swimming pool.
He pointed out that this is not his individual problem, as all residents of the building, rented on the owner's marketing of the property that it includes a swimming pool, in addition to the average rental value is higher than others, because of the existence of these facilities.
For his part, the tenant Abdullah Messaoudi, that the owners take what they have, but they do not give what they have, pointing to his problem with the owner because of the swimming pool and gym (gym) long ago.
Ali Karim, the tenant, pointed to the closure of the swimming pool in the building where he suddenly resides for about a year, although the company promises to operate it and does not commit to it, and said that the company preferred to close the pool to save some expenses.
Mahmoud Ali, the tenant, said that he chose a housing unit at a high rental value, as the building provides a swimming pool with good specifications, but he was surprised by the management of the building closed the pool for about 18 months, under the pretext of maintenance, considering it a breach of the contracting process agreed with the company responsible for the building. Rental time.
For his part, said real estate expert Walid al-Zarouni, that the closure of service facilities for long periods, under the pretext of maintenance, behaviors that are abundant in the rental market, stressing that they are unacceptable, and must be faced by the tenants themselves, through resorting to the official authorities, in addition to the need to intensify Fines imposed on such persons, including these remarks in the lease, and highlighting the tenant's right to compensation, in case he did not benefit from such facilities.
For his part, the general manager of the «Royal Liwan» Real Estate Company, Mohammed Hareb Al-Falahi, agreed that this behavior exists by some owners, as some deliberately disrupt the tenant's access to utilities, in order to pressure spending, although the tenant paid in return included in Lease contract.
Al-Falahi said that the rental market in Dubai needs to modernize the legislation regarding disputes between the landlord and the tenant, hoping that the new lease law will come into force soon.
He stressed that the emergence of such behaviors in the market can damage the reputation of the rental sector, asking tenants to know their rights and duties, so as to avoid entering into real estate disputes, and landlords to abide by the leases they signed with tenants.
He called for more awareness to the tenants and landlords in several languages, especially Arabic, English and Indian, and called on Dubai Land Department to play its role in this aspect.
Sufian Al Salamat, executive director of SOM Real Estate, said that the closure of swimming pools in the buildings is mainly due to the reduction of expenses, especially that the swimming pools are facilities that require regular maintenance and operating costs, whether related to sanitary disinfectants. Required by municipalities, or through the maintenance of swimming pools that may be exposed to leaking in the water.
He pointed out that the maintenance of swimming pools of all kinds may take from two to four weeks maximum, depending on the types of maintenance that is implemented, and the closure of swimming pools for periods exceeded that is deliberate by some real estate companies, to reduce costs across several items, including the cost of running swimming pools and gyms .
He pointed out that the situation of rent correction in the real estate markets, may push some companies to follow these practices, to avoid the physical burden of operating costs, which is due to deny tenants from the use of these facilities, especially if they are covered by leases, considering individual practices in the markets.
The director of «Al Waleed Real Estate Company», Mohammed Turki, agreed that some real estate companies resort to closing the pools for long periods, under the title «maintenance», in order to reduce costs, and evade spending on the operation and maintenance of swimming pools.
He explained that the operating costs of swimming pools include the maintenance of water pumps on a continuous basis, and repairing the disrupted ones, in addition to adherence to health standards, the development of chemicals dedicated to swimming pools, so that they are usable and non-disease-carrying, in accordance with the instructions of the municipal departments on the sanitary standards for swimming pools in buildings.
He pointed out that some swimming pools, which are very deep, require the appointment of a lifeguard with a monthly salary, to avoid drowning incidents, which may increase operating costs, and make some companies prefer to close.
Turki stressed that the presence of swimming pools in the buildings is important for a large number of tenants who may set them within the criteria for the selection of housing units.
He said that tenants have the right to resort to dispute resolution committees when it is difficult to reach a solution with the owners on the operation of swimming pools, especially as the disruption of them is a breach of the terms of the agreement and contract with tenants.
For his part, Chairman of the Real Estate Sector Representation Committee at the Sharjah Chamber of Commerce and Industry and Chairman of Alghanim Real Estate Company, Saeed Ghanem Al-Suwaidi, said that the mandatory operation of swimming pools in the buildings depends on whether they are included in the leases, which are often not documented in those contracts. Therefore, there is no requirement for owners or property management companies to restart them.
"The losers are because of that landlords and companies, because they will be very vulnerable to the loss of a number of tenants."
He explained that if real estate companies rent residential units at high prices, with facilities such as swimming pools, and are subsequently disabled, tenants have the right to move freely to housing units in other buildings, or things to be consensual between the parties, with the reduction of rental fees at the time, companies to compensate for Disable those utilities.
The tenant has the right to enjoy services and facilities in the vicinity of the property
“Dispute Resolution”: Closure of facilities gives the tenant the right to compensation and termination of the contract
The Tenant Settlement Center, the judicial arm of Dubai Land Department, stated that the tenant is entitled to compensation, in case the landlord intends to open service facilities such as swimming pools and fitness hall, provided that the tenant has not waived the use of these facilities, and in accordance with the provisions in Lease contract signed between the parties.
The Center explained that the compensation for the tenant in case the owner is unable to provide these facilities for a long time, is subject to the discretion of the judge, demanding tenants to resort to the center in the event of these problems.
Confirmed «dispute resolution» that the closure of the owner of the service facilities of the property for long periods, gives the right to the tenant to compensate for that period, as well as the right to terminate the lease.
He pointed out that the Dubai Lease Law stipulates that the landlord is responsible during the lease period for maintenance work, and repair any malfunction or malfunction affecting the tenant's fulfillment of the intended benefit.
The Center explained that the origin of the matter is that the landlord is responsible for preparing the property to achieve its intended benefit. The tenant has the right to enjoy the services and facilities in the vicinity of the property, unless otherwise agreed between the landlord and the tenant, stressing that the landlord (landlord) has obligations By the leased eye, including maintenance.
Ahmed Raed, the leasing official of a real estate company, said the swimming pool in a building run by the company was closed for more than three years for maintenance purposes. He pointed out that the high cost of maintenance of leaking water from the pool has been attempted to repair more than once at high costs, but the problem recurs, which made them need additional costs to restart again.