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How to be a happy tenant

Property consultant Alan Kaye answers more of your questions

Q. I have paid one cheque for a year’s rental, but now I need to move out in six months because my company is relocating me. How do I avoid a massive penalty?

A. Check your lease contract – it will state the terms for breaking the contract early.

These vary between landlords. In some cases you will simply get no refund at all; in others, the penalty is just one or two months’ rent.

Your best course of action is to contact a good real estate agent who may be able to find a tenant to take over the balance of the lease and negotiate with the landlord to enable you to do this.

You may be able do this yourself, of course, but the landlord would have to agree the switch to a new tenant. And you can’t do it without telling the landlord – subletting is illegal.

Q. When we moved in to our apartment two years ago we were told that the gym was going to be renovated, but if anything it is worse. Is there a certain standard that facilities have to reach?

A. The rule is that the facilities should be fit for use and not in any way dangerous. What constitutes “fit for use” may be a matter of opinion, of course.

Were you just told the gym would be renovated? Or do you have that in writing, or in an email? If so, your only recourse is to try to negotiate a reduction in rent at your next renewal if the gym is not usable – but this of course may be a matter of opinion.

Q. We have spotted rats in the communal bin area of our building and the lifts keep breaking down. the landlord is refusing to do anything. What recourse do I have?

A. It is important to check prior to leasing a property that there is a maintenance or property management contract in place to deal with matters such as this. If so, it’s the landlord’s responsibility to see that the contract is enforced. Sadly in Abu Dhabi some landlords are simply not concerned for the welfare of their tenants.

It’s true that landlords do have a duty of care to provide a habitable environment, so you could take out a legal case. In practice this can be both stressful and expensive; it may simply be easier to put up with things and move when your current tenancy ends.

Q. We are looking at a great apartment, but there is an empty lot next to the building and we’re worried that we are going to end up living in A building site.

A. Landlords are under no obligation to tell you this kind of thing, and at present there are unfortunately no laws in place governing the conduct of letting agents (unlike the case In Dubai) – so they have no legal obligation to advise you of anything they might know about your apartment. However, any responsible letting agent such as District would inform you about anything like this.

Otherwise it’s down to you. There is no central register that can be checked for future projects in Abu Dhabi, but you may want to ask potential neighbours or a watchman who may be able to help .

Q.can I take over the previous tenant’s ADDC and Etisalat accounts? 

A. No, you have to start the process from scratch.

The previous tenant would have to arrange for the utility meters to be read and final bills paid. They would then obtain a clearance certificate, which confirms that there is nothing outstanding; they can then start the process to obtain a refund of any deposits they paid.

The tenant, or the agent, should also give you copies of the clearance certificates so that you can then open new accounts in your own name.

Q. Do we need the landlord’s permission to keep a pet in our apartment?

A.Yes, you do need the landlord’s approval to have any pets. In particular, many buildings do not allow dogs. It’s best to check this before you move in if you think that pets may be a possibility.

If you take a chance and get a pet without permission and the landlord finds out, you may be breaking the lease agreement. The landlord could insist that the pet goes, or even that you leave the apartment.

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