Tenants criticized landlords evading their implementation

Realtors are calling for legislation to address periodic maintenance disputes for residential units

• The owner is responsible for the periodic maintenance of all appliances and facilities in the housing unit.

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Real estate agents demanded clear legislation that clarifies the rights and duties of the owner and the tenant in the necessary maintenance of residential units, noting that the current period is witnessing disputes between the two parties due to maintenance work.

In statements to Emirates Today, they demanded the speedy passage of the new rent law, which includes solutions to many problems in the rental market, and to guarantee the rights of the owner and the tenant.

For their part, tenants complained that the owners and companies of real estate management evaded the periodic maintenance tasks for their buildings, leaving them on the responsibility of the tenant.

Spare parts

In detail, the tenant, Yassin Abu al-Nur, said that he repeatedly asked the owner of the building to change the water mixer, but the owner asked him to provide the necessary spare parts for that.

The tenant, Mahmoud Al-Sabbagh, added that he had asked the owner to change a number of damaged things, but the owner and the building manager refused, which forced him to change them and bear their cost.

The tenant, Yazan Al-Darmaki, indicated that there is intransigence on the part of some landlords and those acting on behalf of them from the leasing managers with the tenants, and this experience was repeated with him in a number of buildings in Sharjah and Ajman.

Periodic maintenance

For his part, Chairman of the Board of Directors of "W Capital Real Estate Brokerage", Walid Al-Zarouni, said that “the lessor (the owner) evading the periodic maintenance work and leaving it to the tenant entirely, is an unfavorable behavior, as the responsibility for maintenance is shared between the owner and the tenant. The first is required to maintain elevators," Lighting corridors, maintenance of gyms and swimming pools, maintenance of service places used by all tenants, as well as cleaning the property, the exterior facade, corridors and elevators, as for everything inside the apartment, the tenant bears it.

Al-Zarouni added that "this unacceptable phenomenon is not widespread in the real estate market in the Emirates, but its presence in some cases negatively affects the rental sector."

With regard to requiring the tenant to do some maintenance work, Al-Zarouni emphasized that «this is a legitimate matter inside the residential unit, and applies to the simple things that are commonplace, such as damaging some sanitary tools in the residential unit, which the tenant is obligated to do, but in the event that there is extensive and costly maintenance work, no The tenant can do it, so it is assumed that the building owner and not the tenant bear it. ”

He explained that it is better to have a clear law or legislation that clarifies the rights and duties of the two parties, the owner and the tenant, in the matter of maintenance.

Facility maintenance

In turn, the real estate consultant, Muhammad Al-Hafiti, said, "Maintenance is divided into two types. The first is periodic maintenance, which concerns maintenance of air-conditioners or maintenance of common facilities such as swimming pools, elevators and other facilities in the building in which the residential unit is located, and all of them are the responsibility of the lessor or the owner."

He added that "the second type of temporary maintenance is based on simple customary consumer things, such as changing lamps and damaging some sanitary ware in the residential unit, which the tenant is obligated to do without referring to the owner."

Al-Hafiti explained that there are some practices that actually occur on the part of owners, but they are considered natural, and in which there is an understanding of some small problems, stressing the right of the owner to maintain the maintenance of the leased property in a way that increases the life of the property and makes it desirable continuously.

He pointed out the absence of legislation in this regard, especially since the standard lease contract does not contain rights and duties in relation to maintenance, suggesting that maintenance companies be included when signing the contract.

Escaped owners

For his part, the founder and director of the Royal Liwan Real Estate Company, Mohamed Bouhareb, said, “Some landlords evade regular maintenance and leave it entirely on the tenant’s shoulders. They are due to the belief of some landlords that maintenance is entirely the responsibility of the tenant, and this is a mistake, as the owner is obligated to maintain regular And the tenant has to maintain the simple things that are depreciated, which he can deal with during the lease period, such as changing a lighting lamp or the like, but the maintenance work for bathrooms, for example, is related to the owner, and there must be a clear and explicit clause in the lease contract that obliges the owner to maintain These works », calling on the legislative authorities to develop a solution to this problem, by devising new methods in dealing with these problems, and calling for the speedy passage of the new rent law, which includes solutions to many problems in the rental market, and to guarantee the rights of the owner and the tenant alike.

Bouhareb added: “The owner is responsible for the periodic maintenance of all equipment and facilities in the housing unit, and the tenant in turn is responsible for maintaining the components of the housing unit and not misusing the unit and its facilities.”

He pointed out that some landlords' obstinacy with their tenants, forcing them to search for other places, calling on the owners to preserve their tenants, especially in the current times in which the supply has increased, and the rents have decreased, which encourages many to change the place of residence.

In the same context, the managing director of "Harbor Real Estate Company", Muhannad Al-Wadi, said that "some landlords' behaviors are irresponsible, and some tenants do not deal carefully and cautiously with the components of the housing unit, and these behaviors are rejected by both parties, and the solution is a rental contract that controls These matters are carefully controlled, and each party clarifies its responsibilities and duties, because the mixing of matters between the owner and the tenant causes problems for both parties.

Interrelated matters

The Rental Dispute Settlement Center, the judicial arm of the Dubai Land Department, stated that maintenance work is one of the interrelated matters between the lessee and the lessor (the owner), including what the tenant does, in addition to other things that the owner does, explaining that “things that are destroyed during a period Rent, such as damage to some sanitary ware, or some light bulbs, is one of the responsibilities of the tenant, while maintenance work that needs a large budget, such as repairing air-conditioning or water or electricity installations, is the responsibility of the lessor (the owner).

- the

responsibility of

maintenance must be shared between the

landlord and the

tenant.

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