According to recent advice from the Dubai Land Department, landlords have no right to prohibit renters from using a property’s amenities, including the parking, gym, swimming pool, and health club (DLD).
Tenants were informed in the post—which DLD shared on its official social media channels—that the use of the facilities is included in the rent and that they have the legal right to sue their landlord if they are denied entry.
However, there may be times when you have to pay more money to use particular services or regions in your neighborhood. What causes this to occur? And is it acceptable for the landlord to demand more money?
Is a landlord allowed to charge for access to facilities?
The use of the property’s amenities is included in the rent, as stated in Article 11 of Law No. 26 of 2007 – Regulating the Relationship between Landlord and Tenants in the Emirate of Dubai (Dubai Rental Law). It also comes down to what the lease contract states.
This is provided for within Article 11, which states: “Unless otherwise agreed, the rent will cover the use of the property’s amenities such as swimming pools, playgrounds, gymnasiums, health clubs, car parks, and other amenities.”
In accordance with Article 11, if a contract is silent on the subject of using common building amenities, the use of those amenities must be paid for as part of the rent. In this case, the landlord is not permitted to impose additional charges on the tenant for using the facilities of the shared building. However, the leasing agreement may stipulate a separate fee for using it, and the law [also] authorizes the parties to come to their own agreement for the use of common building amenities. For amenities that are not just offered to build occupants, there have been instances of supplementary fees being imposed. For instance, using and accessing beaches and beach clubs.
What happens if the landlord cuts off access for maintenance or renovation?
If there is no such clause in your rental agreement, you have the right to use the amenities on the building’s property as a tenant.
If amenities are closed for an excessively long time for maintenance or renovations, the tenant may be entitled to compensation or termination through the Rental Dispute Settlement Center (RDSC).
How can one raise a complaint?
According to Article 17 of the same law, the landlord is responsible if they prevent the tenant from using the property to the highest possible extent as intended. As a renter, you have the right to lodge a complaint with the Rental Dispute Settlement Center in situations when you are denied access to facilities (RDSC).
In the event of a dispute, the matter should be referred to arbitration if the tenancy agreement has an arbitration clause. In the absence of an arbitration clause, the tribunal (RDSC) may, at any party’s request, choose the arbitrator.
The tenant may also submit a claim for damages to the tribunal, supported by documentation from the appropriate authorities attesting to the presence of the alleged violation.
Also Read: Tenants should know these 9 rules when renting in Dubai