Dubai law: What to do if non-residents of your building use common swimming pool

Dubai - Tenants have the right to peacefully use their apartment's amenities

Question: I stay in a rented apartment in Dubai. We have a common swimming pool in the building. There is this one family, who bring over their friends and relatives to use the pool on almost every weekend. They spend hours in the pool, denying us the opportunity to use the common facility. I have complained about this to my real estate firm, but to no avail. How should I address this?

Answer: Pursuant to your queries, as you are residing in a rented apartment in Dubai, the provisions of Law No. (26) of 2007 Regulating the Relationship Between Landlords and Tenants in Dubai (Dubai Rent Law) and those of Federal Law No. (5) of 1985 on the issuance of the Civil Transactions Law (Civil Transactions Law) are applicable.

In Dubai, the tenant may enjoy the facilities which are available or situated in the common areas of the rented apartment building, unless specified otherwise.

This is in accordance with Article 11 of the Dubai Rent Law, which states: “Unless otherwise agreed, the Rent shall cover the use of the Real Property facilities, such as swimming pools, playgrounds, gymnasiums, health clubs, car parks and other facilities." Based on the aforementioned provision of law, as a tenant, it is your right to use the swimming pool in your building.

Further, it is the responsibility of the landlord of the building to provide peaceful possession of the rented apartment to the tenant. This is in accordance with Article 770 (1) of the Civil Transactions Law, which states: "The lessor may not do anything which disturbs the lessee in his enjoyment of the leased property during the period of the lease and shall not make any alterations to the property that prevent or disturb such enjoyment, otherwise he shall be held liable."

Based on the aforementioned provisions of law, as a tenant, it is your right to have peaceful possession of your rented apartment. This includes the usage of amenities and common areas in the said building unless otherwise agreed in the tenancy contract.

As the real estate management company is not taking any action against the tenant who uses the swimming pool with his friends and relatives who are not residents, you may approach your landlord along with the other tenants. You could submit in writing the nuisance which you feel due to usage of swimming pool in the building by the non-residents, and request action.

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In the event your landlord does not agree to your request, you may approach the Rental Dispute Centre in Dubai and file a complaint.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom 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.

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