"Dispute Resolution" confirmed that "rent" includes utilizing the property's facilities

Obliging an owner to compensate a tenant of 6000 dirhams for closing the "swimming pool"

The Center confirmed that the landlord is obligated to deliver the property in a usable condition.

Archives

The Rental Dispute Settlement Center obligated an owner to pay compensation to a tenant in the amount of 6000 dirhams, due to the owner closing the swimming pool, despite the agreement between them to use it.

The Center indicated, in the text of the judgment that Emirates Today reviewed, that the rent allowance, according to the contract, includes utilizing the property's facilities, in case no other is written in the rental contract.

In detail, the Rental Disputes Settlement Center, the judicial arm of the Dubai Land Department, confirmed that “the tenant submitted (an order on a petition), demanding the owner compensation of 10 thousand dirhams, for permanently closing the swimming pool for maintenance, which continued for the entire period of the rental contract, The tenant mentioned, in his lawsuit, that the swimming pool was one of the reasons that made him reside in the property, and that he agreed with the owner on that, and the owner did not mind and did not write what prevents the use of the swimming pool without fees in the rental contract.

The center indicated that the tenant attached, in his lawsuit, a copy of the lease contract and electronic correspondence between him and the owner, proving the authenticity of the "incident", in addition to the fact that the portfolio of papers submitted by the tenant also included a transfer report under the "order on petition", which he made The tenant, who stated that the swimming pool door is closed, and there is a hanging sign for all tenants, stating that the swimming pool has been closed for a period of more than a year, including the length of the lease term.

He pointed out that “Law No. (26) of 2007, amended by Law (33) of 2008, regarding the regulation of the relationship between lessors and tenants of real estate in the Emirate of Dubai, stipulated in a number of its articles the right of the tenant in relation to this matter, as it was stipulated in Article ( 15) That the lessor is obligated to deliver the property in a usable condition, in a way that enables the tenant to fulfill the contracted benefit.

It was also stipulated in Article (11) that the rent allowance includes the use of the property’s facilities, such as swimming pools, playgrounds, gyms, health club, car parks, and others, unless they agree otherwise.

The center continued: “The law stipulates, in Article (16), that the landlord is responsible during the lease period for maintenance work for the property, and for repairing any malfunction or defect affecting the tenant’s fulfillment of the intended benefit, unless the parties agree otherwise, as stipulated in Article (17) However, it is not permissible for the landlord to make any changes in the property, its facilities, or its annexes that prejudice the fulfillment of the intended benefit, and the lessor shall be responsible for those changes, whether issued by him or by any person acting on his behalf, as well as for faults and damages. The shortage and damage to the property, for a reason that the tenant has no hand in it.

The Center confirmed that, based on these legal texts, and based on the case papers, the Judicial Committee looking into the matter proved that the plaintiff (the tenant) had rented the lease described above for a period of one year, beginning on 02/01/2019 and ending on 31 / 01/2020, with an annual rental allowance of 55 thousand dirhams.

And it was proven that there was a mistake on the part of the defendant (the owner), due to the closure of the swimming pool, since 10/29/2018, to carry out maintenance work, which was proven in (Order on Petition) No. 2276/2019, submitted in The lawsuit papers, which resulted in the damage by depriving the plaintiff of his right to use the swimming pool throughout his contract period, especially since the defendant (the owner) did not present any reasons that prevented the completion of the maintenance work and the plaintiff’s permission to use the swimming pool. Causal, what becomes with him the compensation request is in place, and the committee estimates it at 6000 dirhams, in addition to his obligation to pay expenses.

- The

Follow our latest local and sports news, and the latest political and economic developments via Google news