Landlord or tenant — who makes minor alternations in rented premises?

Dubai - The landlord did not pay for washing machine repairs and wants the amount taken out of the security deposit

We have been renting an apartment in South Ridge, Downtown Dubai, for nearly nine years. The apartment came with basic amenities like a washing machine, toaster, and an in-built fridge, stove and oven. Last month, the washing machine completely died on us. It was going to cost nearly Dh600 to fix it and that was just a rough estimate, without getting the handymen to come over for a house call charge of Dh150.
We sent the landlord proof of the defect, which was a very loud sound of the drum spinning at high RPM and the laundry coming out stained. He refused to pay for a new one. The cost of repair was not justifiable vs the price of a new one. We found a brand new one on dubizzle in a box and receipt, picked it up ourselves, paid for the guys to install it and paid for the removal of the old one.
Our landlord says that we should pay for the minor maintenance. According to us, this was not a minor one.
The real estate agent says she refuses to take this up with the landlord. The landlord is insisting that my husband's company (who pays our rent) pay for the washing machine by taking it out of the security deposit either to pay us with it or pay him.
Is this fair and most importantly legal?
Pursuant to your queries, the rental of an apartment includes basic amenities in the common areas of the building and the amenities permanently fixed within the rented premises. Any other amenities provided by the landlord should be specifically mentioned in the tenancy contract. This is in accordance with Article 11 of the Law No. 26 of 2007 regulating the 'Relationship between Landlord and Tenants in the Emirate of Dubai' (the 'Dubai Rental Law'), which states: "Unless otherwise agreed, the Rent will cover use of the Real Property amenities such as swimming pools, playgrounds, gymnasiums, health clubs, car parks and other amenities."
Further, it is the responsibility of the landlord to maintain the amenities provided to the tenant. This is in accordance with Article 17 of the Dubai Rental Law, which states: "The Landlord may not make to the Real Property or any of its amenities or annexes any changes that would preclude the Tenant from full use of the Real Property as intended. The Landlord will be responsible for such changes whether made by him or any other person authorised by the Landlord. Further, the Landlord will be responsible for any defect, damage, deficiency and wear and tear occurring to the Real Property for reasons not attributable to the fault of the Tenant."
As a tenant, it is your responsibility to take approvals from the landlord before carrying out any alteration or changes to the rented premises. In the event the landlord delays or does not agree to carry out any essential replacements or changes, you should have approached the Rental Dispute Center in Dubai. This is in accordance with Article 19 of the Dubai Rental Law: "The Tenant must pay the Rent on due dates and maintain the Real Property in such a manner as an ordinary person would maintain his own property. Without prejudice to the Tenant's obligation to carry out the restorations that have been agreed upon or which are customary for Tenants undertake, the Tenant may not make any changes or carry out any restoration or maintenance works to the Real Property unless so permitted by the Landlord and after obtaining required licenses from the competent official entities."
You have mentioned disposing off the installed washing machine, which should not have been done without the landlord's approval obtained in writing. Even though it was in faulty condition, it should have been kept aside after you purchased the new washing machine. Based on this, the landlord can deduct the amount from the security deposit.
You should read the tenancy contract to determine if there is a provision which covers replacement of white goods and who is responsible to pay for such replacement.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, ?PO Box 11243, Dubai.