Discovery Gardens tenants feel heat in service fees dispute

Developer and service provider turn off the air conditioning at Dubai complex to get landlords to pay unsettled debts.

Some residents of Discovery Gardens in Dubai have been without air conditioning since February 19. Jeffrey E Biteng / The National

DUBAI // Hundreds of Discovery Gardens residents have been forced to sweat it out in stuffy apartments for up to two months after air-conditioning units were illegally shut down by the developer and utility company to push landlords into paying overdue service fees.

The cooling was turned off in 147 units on February 19. Several homes have remained without air conditioning since then, while others have been without cooling for three days to a week.

With summer approaching and temperatures climbing, resident Karen Workman said she was forced to approach the Real Estate Regulatory Agency and the police for help.

Despite a favourable order from a Rent Dispute Settlement Centre judge on March 10 directing the air conditioning to be turned back on, it remains switched off. Ms Workman, an executive assistant, makes do with two fans to try and cool her home.

“Everybody was going insane with the heat because the air conditioning was switched off on Thursday, February 19, and it was the weekend of the big sandstorm,” said Ms Workman, who has lived in Dubai for two years.

“I’ve got an order signed by a top judge, but everyone is ignoring it. So what’s the point? I cannot understand how this is allowed. I don’t know what we are supposed to do. It’s too hot. Tenants are suffering and when the humidity comes it will get mouldy and damp.”

Some residents recently returned from holiday to find the cooling switched off. Others said their landlords were overseas so arrears would take time to clear.

Palm District Cooling (PDC), the service provider for the air conditioning, and Nakheel, the developer, said the move was part of a process to have landlords register for new chiller meters. Registration has begun for 24 buildings and the process will continue through the year.

The PDC district cooling system plant produces and supplies cooled water for use in air conditioning to buildings and villas.

With individual chiller meters tenants will be charged for usage instead of landlords paying a flat rate.

Along with the documents required for registration, landlords must get a no-objection certificate from Nakheel that can only be obtained when back payments are cleared.

Last year, PDC posted warning notices on some flats demanding that landlords clear their arrears or face disconnection.

Tenants said there was no warning this year. Nakheel, however, said landlords were given advance warning and a two-week grace period.

“We will definitely reconnect the air conditioning units once the landlord completes the registration process,” said a PDC customer service official.

“It has been cut off for all unregistered users. We are now registering 24 buildings in Discovery Gardens area for reconnection. It will remain disconnected until the landlord or his representative registers with us.”

Landlords must submit a refundable deposit of Dh1,000 and around eight documents, including a passport copy, title deed, Nakheel no-objection certificate, tenancy contract copy, and pay registration charges including outstanding charges.

“Individual chiller meters are being installed, at the request of owners, in all Owners’ Association buildings managed by Nakheel in Discovery Gardens,” a Nakheel spokeswoman said.

“This will provide a more transparent system under which air-conditioning bills are based on individual consumption and paid directly to the service provider, Empower,” she said.

“Installation of meters is ongoing and will be completed this year. When individual units are installed, owners must visit Nakheel’s Asset Management department to obtain the necessary documents with which they can register their personal chillers with the service provider.”

Tenants must check that owners have cleared all dues before signing a lease agreement, she said.

Disputes over unpaid service fees have damaged relations between landlords and developers over the years. Some developers have resorted to putting up “name and shame” boards to identify defaulters, while Nakheel barred Palm Jumeirah residents from beach access and gym facilities.

Tenants object to being caught in the middle of these disputes.

“It has been a terrible week for my family,” said Hassan Ghazaly, a father of infant triplets.

“My landlord has now paid the fees, but we suffered for a week. It was very difficult for my wife and children. Why is the tenant stuck in the middle? I pay my bills. It’s not fair on us.”