Rental Disputes Center, the judicial arm of Dubai Land Department reported that the law on regulating the relationship between Landlords and Tenants in the Emirate of Dubai, provides for that the rental allowance includes the use of all facilities in the real estate, asserting that the Owner should not impose separate fees on the Tenant for using facilities, such as swimming pools, health club, gym, and other amenities. Briefing “Emarat Alyoum”, RDC mentioned that this action was conditioned by what is agreed in the contract. However, if the common facilities were to be used only on special charges, then the Tenant should not use them.
In his interpretation, Justice Abdul Qader Mousa, the Chairman of Rental Disputes Center, asserted: "The Tenant is entitled to benefit from all facilities of real estate against the rent paid to the Landlord (Owner), including swimming pools, gyms, health club, and amenities located within the premises of the leased property, unless otherwise agreed while concluding lease between the parties. No fees shall be imposed on the Tenant by the Owner for using such facilities", he stressed.
Mousa explained: “Law No. 26 of 2007, as amended by Law No. 33 of 2008, on regulating relationship between Landlords (Owners) and Tenants of real estates in the Emirate of Dubai, indicates in Article 11 that the rental allowance includes access to all facilities in the real estate property".
He added: “Article 15 of the aforementioned law stipulates that the Landlord (Owner) shall be obliged to hand over the property in good condition and in such a way as to enable the Tenant to benefit fully as stated in the lease". Mousa construed: "These service facilities are considered within (common areas) of the real estate and treated as part of residential unit in terms of the need for the tenant to benefit from them. Their charges reflect in a calculated manner within the rental allowance paid by the Tenant, and therefore his right to benefit from them shall not be violated”.
Judge Mousa affirmed: “Owner or his representative is bound by terms and conditions agreed upon in the tenancy contract. Unless otherwise stated, a lease contract provides for the Tenant’s right to benefit from public use and common areas of the residential unit.”
He concluded saying: “In the event of not allowing the Tenant to use facilities except by subscription or by paying fee, and such terms are included in the lease by the Landlord or his proxy, then the Tenant shall not be able to use the facilities".