Should Dubai tenant have to pay for maintenance work in villa?

Keren Bobker advises a resident who wants to alter a contract that says the tenant should pay the first Dh500 for maintenance work.

We have been in a rented villa for a year and would like to renew the contract and stay at least another year or more. Through our property agent we have been told that the landlord wishes to remove the clause in the contract which states that “the tenant will pay the first Dh500 and the landlord will pay any amount above that figure for maintenance”. Are we correct in saying that as we have received no notice of a rent increase or change to the contract (nothing by 90 days before the renewal date) the contract cannot be changed? The renewal date is October 21, 2014. The landlord wants no responsibility for maintenance. We are also owed money from the landlord from maintenance we have already paid. Are we able to deduct this from the new rental cheque on renewal? SB, Dubai

You are quite right that no changes can be made to the contract without your agreement and that a full 90 days’ notice is required. Dubai rental law also states that the landlord should be responsible for maintenance; it is their property after all. Article 16 of the relevant law states “landlord shall, during validity of contract, be liable for handling maintenance and shall rectify any defects or faults that affect tenant’s targeted benefit from the premises, unless the two parties agree otherwise”. If monies are owing to you, I suggest you contact the landlord in writing to remind him of this and state that any monies owing at the time of the renewal of the rent will be deducted from the amount payable. That way you have made the situation entirely clear in case of any dispute.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 year’s experience. Contact her at [e-mail]. Follow her on Twitter at @FinancialUAE

Follow The National's Business section on Twitter