Dubai is a preferred city when it comes to luxurious living. Many buildings offer amenities, such as gyms, swimming pools, and communal areas. But what’s the use if the landlords block access to building amenities for tenants? If your landlord isn’t allowing these amenities, tenancy rules state otherwise.
Here, we’ve covered the details and laws regarding the access of the building amenities for the tenants in Dubai.
Legal Framework Governing Tenancy in Dubai
Dubai’s rental agreements are governed by Law No. 26 of 2007, amended by Law No. 33 of 2008, which regulates the relationship between the landlord and tenant.
Article 11 of Law No. 26 of 2007 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.”
The law ensures that the rent you pay covers the use of the property’s amenities. For that reason, the landlord can’t charge extra for the building amenities from you. This law also clears that using such facilities is your right as a tenant.
Tenant’s Right to Access Amenities
RERA Dubai has given tenancy rules regulating the tenant and landlord’s rights and obligations. According to these rules, you must learn about your rights before signing a tenancy contract in Dubai that deals with the use of amenities:
Contractual Rights
Usually, tenancy contract terms describe the amenities. Unless the contract specifies that the tenant has access to certain facilities, the landlord is obligated to provide this access throughout the lease term.
Dubai Tenancy Law
According to Dubai’s tenancy laws, Article 15 states, “The Landlord will be bound to hand over the Real Property in good condition, which allows the Tenant full use stated in the Lease Contract.”
It declares that a landlord must hand over the property in good condition and ensure that the tenant enjoys it without any hindrances. This also includes access to amenities that are part of the rental agreement.
Circumstances Where Access Might Be Restricted
While tenants have a right to access amenities, there are certain circumstances where a landlord might legitimately restrict access:
Maintenance and Safety Concerns
Temporary restrictions on access to amenities may occur due to maintenance work or safety concerns. In such cases, the landlord or building management should inform tenants in advance to minimise the inconvenience.
Non-Payment of Rent
If a tenant fails to pay rent, the landlord may have grounds to restrict access to certain amenities. However, this must be explicitly stated in the rental agreement and should comply with Dubai’s legal procedures for addressing non-payment issues.
Violation of Building Rules
Tenants must adhere to building rules and regulations. If a tenant violates these rules, the landlord may restrict access to amenities as a disciplinary measure. Violation of rules may include causing damage to communal areas or engaging in inappropriate behaviour, etc.
Illegal Restriction of Accessing Amenities
Blocking access to amenities without a valid reason or proper legal process is generally considered a breach of Dubai’s tenancy law. Tenants can file a complaint with RERA or RDSC if they believe their access to amenities is unfairly restricted.
Filing a Complaint
First, try to resolve the issue directly with the landlord. Make sure to keep records of all communications and evidence of the blocked amenities. If unresolved, file a complaint with the Real Estate Regulatory Agency (RERA) through the Dubai Land Department’s website or visit their office.
Article 17 of the Dubai Rental Law states that the landlord is responsible for permitting tenants to use the property’s amenities. Therefore, tenants can approach RERA or the Rental Dispute Settlement Centre (RDSC) to resolve disputes regarding access to amenities.
These bodies can investigate complaints and mediate disputes between tenants and landlords. The complaint process is straightforward and aims to resolve issues quickly and fairly.
FAQs
The tenancy agreement should clearly state any additional amenities charges. Hidden or unexpected charges can be disputed and potentially considered unlawful.
Dubai tenancy laws, specifically Law No. 26 (2007) and Law No. 33 (2008), ensure tenants’ rights to access amenities. These laws ensure tenants enjoy the property, including its amenities, without hindrance.
Tenants are entitled to compensation if their access to amenities is unfairly restricted. RERA or RDSC determines the compensation based on the specific case and breach of the tenancy agreement.
The above blog provides all the information about accessing the building amenities for the tenants in Dubai. The tenant laws in Dubai protect tenants’ rights and ensure fair access to amenities. In case of any illegal restrictions, a complaint can be filed against the landlord via RERA.
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