Who is responsible for the maintenance of flats in Dubai: landlords or tenants?
In recent years, the property market in Dubai has been booming and is attracting more and more investors.
Many properties were bought, sold and let during the first quarter of 2023, despite global economic inflation. When it comes to letting, one of the main questions that arises is who is responsible for maintaining the flat.
Is it the landlords or the tenants? Read this article to find out the answer to that question.
What are the responsibilities of property owners?
The first quarter of 2023 in Dubai was characterised by a significant rise in selling costs.
Figures from the DLD (Dubai Land Department) reveal that transactions carried out during this quarter totalled more than 88.7 billion dirhams (AED). This represents a 60.5 per cent increase in Q3 compared with the same period last year.
Although the growth is not as spectacular as in the fourth quarter of 2022, it remains significant, reaching 9.4 %. This growth was mainly driven by the new-build market, which recorded an 85.3 % increase in new-build home sales.
As for housing, growth of 42 % was recorded. These figures demonstrate the importance of the new-build property market to the overall growth of Dubai’s property market.
What are the tenant’s responsibilities?
Under Dubai law, the landlord is responsible for the maintenance and repair of the rented flat.
Indeed, Article 16 of the 2007 Law on Letting in Dubai states that: «Unless otherwise agreed between the parties, the landlord shall, for the duration of the tenancy agreement, be responsible for the maintenance of the property and for the repair of any breakdown or defect that affects the tenant’s intended and full use of the property».
Furthermore, the landlord may be liable for resolving any breakdowns, damage or defects affecting the flat that are beyond the tenant’s control.
This refers to Article 17 of the Dubai Tenancy Law, which states that: the landlord may not make any alterations to the property, its fixtures or fittings that would prevent its intended use.
The owner is liable for all such alterations, whether carried out by the owner themselves or by any other person authorised by them. Furthermore, the landlord is liable for any breakdown, alteration, defect or damage suffered by the property for any reason not attributable to the tenant’s fault.
Therefore, if you own a rental property in Dubai, you are responsible for carrying out all maintenance and repair work on it.
However, it should be noted that if the tenancy agreement stipulates that certain repair and maintenance works are to be carried out by the tenant, then you are under no obligation to carry out such works.
What about maintenance issues caused by the tenant’s negligence?
It is true that the landlord is responsible for carrying out maintenance and repair work on the flat. However, it would be unfair and unlawful for the landlord to have to pay for repairs to damage caused by the tenant’s negligence.
The tenant is liable for any damage, whether intentional or not, caused to the property or its fixtures and fittings, with the exception of normal wear and tear. The tenant is therefore required to replace any item they have broken or damaged.
He is also responsible for the costs of painting and cleaning the rented property at the end of the tenancy.
For example, it is not the landlord’s responsibility to repair a window broken as a result of an accident caused by the tenant.
Similarly, any damage to the cupboards caused by a leak that has not been reported would be the tenant’s responsibility.
What are the disputes relating to maintenance issues?
Despite the rights and responsibilities having been clearly set out in the articles, it is not uncommon for disputes to arise between landlords and tenants in Dubai.
For example, a landlord or tenant may refuse to bear the cost of maintaining the property.
In reality, these disputes often arise when the clauses relating to maintenance responsibilities have not been included in the tenancy agreement. In such circumstances, the best course of action is to refer the matter to the tenancy committee for resolution.
After reviewing the situation, the committee will make the appropriate decision, which both the landlord and the tenant must then comply with.
What steps should be taken to avoid property maintenance disputes in Dubai?
To minimise disputes relating to property maintenance, it is important to set out the terms of the tenancy agreement in detail.
It must include all the clauses relating to the maintenance of the let flat. Furthermore, the tenant and the landlord must undertake to be aware of and fulfil their respective responsibilities.
If you own a rental property in Dubai, it is advisable to contact a company specialising in property management. The latter will take care of all issues relating to the maintenance of your property.
Our estate agency in Dubai is here to support you with your property management – please don’t hesitate to contact us for further information.
