Dubai: Can landlords charge tenants extra for amenities?

Question: I reside in an apartment in Dubai. My landlord increased the rent by 20 per cent, while the Rera rent calculator allows only 10 per cent. A judge at the Rental Dispute Centre ruled in my favour. However, now I have received notification from the landlord that I would be charged extra for amenities like a swimming pool, gym etc. I was not paying for any of these amenities previously. Is this legal?

Answer: Pursuant to your queries, as you are residing in a rented apartment in the Emirate of Dubai, the provisions of Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai are applicable.

In the emirate of Dubai, the amenities in a building of a rented apartment are part of rent, and a tenant is not required to pay additional rent/charges for using such amenities unless otherwise agreed by a tenant with a landlord. 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, your landlord cannot include additional charges for using amenities in the building of the rented apartment as you are an existing tenant and the same was not charged to you earlier. You may inform your landlord that the Dubai Rent Law does not permit the landlord to charge additionally for using amenities in the building of the rented apartment. If the landlord does not agree on the same, you may file a complaint against the landlord with the Dubai Rental Dispute Centre.

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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