The Dubai Rental Disputes Center obligated a real estate property owner to compensate a tenant of AED 6,000 because the owner had closed the swimming pool, despite having an agreement concluded between them to use it.
In the text of the ruling perused by the daily “Emarat Al-Youm”, the RDC referred that unless otherwise agreed by the parties, the rent, according to the contract, includes the use of real estate facilities.
The Rental Disputes Center, the judicial arm of the Dubai Land Department, stated, “the tenant submitted (Petition Order), claiming compensation of AED 10,000 for the permanent closure of the swimming pool throughout tenancy period on the pretext of maintenance. The tenant, in his claim, stated that the pool was one of the reasons he chose to live in the premises which was agreed with the landlord. Neither did the owner mind not did he write in the lease preventing the use of the swimming pool without fees.”
The RDC pointed out that the tenant attached in his claim a copy of the lease and electronic correspondence between him and the owner, proving the fact of the “event”, in addition to the portfolio of exhibits submitted by the tenant also included an inspection report done by virtue of "Petition Order", filed by the tenant. The report stated that the door to the swimming pool was closed, and there is a board hung stating “Closed” for all tenants. This concludes that the swimming pool has been closed for more than a year, and throughout the lease period.
"Law No. (26) of 2007, amended by Law (33) of 2008, Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, stipulates in a number of articles the right of the tenant in relation to this matter. Article (15) states that the Landlord will be bound to hand over the Real Property in good condition, which allows the Tenant full use as stated in the Tenancy Contract. Article (11) also specifies that 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,” the RDC referred.
“Article (16) of the aforementioned law instructs unless otherwise agreed by the parties, the Landlord will, during the term of the Lease Contract, be responsible for the Real Property’ maintenance works and for repairing any defect or damage that may affect the Tenant’s intended use of the Real Property. Article (17) 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 reason not attributable to the fault of the Tenant,” the RDC continued.
The RDC confirmed that, on the basis of these Articles, and on the basis of the lawsuit papers, the judicial committee considering the claim verified that the plaintiff (tenant) rented the property described above for a period of one year, from 01/02/2019 to 31/01/2020, with an annual rent amounting to AED 55,000. It was established that the defendant (the real estate property owner) committed a mistake by shutting down the swimming pool since 29/10/2018 to carry out maintenance work, which was proved through the Petition Order No. 2276/2019, submitted to the judicial committee. This resulted in the damage by depriving the plaintiff of his right to use the swimming pool throughout the period of his tenancy contract. The defendant (the owner), in particular, did not provide any reasons preventing him from completing the maintenance work and allowing the plaintiff to use the swimming pool. This proved the mistake on the part of the landlord owing to pillars of contractual liability, damage and causal relationship, which would make the request for compensation deserve consideration. The Committee, therefore, estimated a compensation of AED 6,000 in addition to obliging the landlord to pay the expenses of lawsuit and court fee.