I'm having a problem with the managing agent of my apartment in Jumeirah Lakes Towers. I moved into the property at the end of February and one of the reasons I took this particular apartment is that the agent said they would directly look after any repairs that needed doing. When I moved in I noted a number of problems, including faulty air conditioning, cockroaches in the kitchen and malfunctioning sockets and light switches. However, despite numerous phone calls and emails to the agency, nothing has been done and now they seem to be ignoring me altogether. I have given notice to vacate but I would like to sue the agent and reclaim the agency fee as I feel they have not given me any service. Under Dubai law is it possible to do this? RL, Dubai
The laws relating to rental agreements in Dubai, known as Law 26 of 2007 – Regulating Relationship Between Landlord And Tenants in the Emirate of Dubai, is quite clear regarding the obligations of the landlord. Article 15 states that the “landlord shall be committed to hand over the premises in good condition that enables tenant to obtain the benefit subject of the contract.” Article 16 then goes on to say, the “landlord shall, during validity of contract, be liable for handling maintenance of property and shall rectify any defects or faults that affect the tenant’s targeted benefit from the premises, unless the two parties agree otherwise”. From what you are saying the landlord has not complied with the law. A complaint could be made to the Rent Committee, but the cost of doing this is 3.5 per cent of the annual rent and there is no guarantee of what might be awarded. It is not standard practice to take a landlord to court over such matters, as the cost of doing so is very high.
Keren Bobker is an independent financial adviser with Holborn Assets in Dubai. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.
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