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How to be a happy tenant

Property consultant Alan Kaye answers your questions

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Q.

Who is responsible for repairs on the property? We do not mind paying for wear and tear but what about major works like rehanging a door, sorting out a leaking toilet or fixing an imperfectly seated sliding patio door.

A.

 This is an area that can often lead to a lot of misunderstandings.The general rule is that the landlord is responsible for any major items that may fail but you would be responsible for anything that could be your own fault – such as a blocked sink or a broken window.But before you lease the property, do ensure that there is a proper maintenance agreement in place. Ask to see it and confirm that the landlord has paid the fee or the period that you will be in occupation.

It is also important to check carefully around the property as soon as you move in. Make sure everything works correctly, and take note of any obvious defects. Make sure the landlord or the agent knows about these – they might fix them, but if they don’t you want to be sure that you won’t be charged for them when you leave.

The items in the question should therefore be in proper working order when the initial check is made.

Q.

Our tower has centralised air conditioning. Our neighbours do not pay for theirs but our landlord insists it is our responsibility. Who is right?

A.

Check your lease contract – this is the kind of thing that should be detailed in there.

It is normal, particularly in the newer areas of Abu Dhabi, for all the utilities to be paid for by the tenant, including the A/C.

But in buildings that do not have an individual electricity metre for each tenant, it’s more likely that A/C would be included in the rent. (This normally applies to older buildings and villas that have been divided by the landlord.)

On the other hand, in some very new buildings the electricity and A/C may initially be provided until the building is ready to be connected to the ADDC network. In Abu Dhabi this can take as long as a year and is perfectly legal.

A good real estate company can advise on such matters.

 

Q.

My landlord says he wants me to move out (I suspect he just wants to find a tenant who will pay more). How much notice does a landlord have to give?

A.

The law is very clear on this matter: the landlord has to give one years’ notice from the end of the current lease, and it has to be in the form of a notarised document that must be delivered by registered or recorded mail.It would be usual to send a scanned copy as well.

There are five cases in which the landlord can legally give you notice to move out:

•He wants to move in himself (but in this case he has to prove he has no other property to live in)

•The property requires major maintenance

•He wants to sell

•The property is being used for an illegal purpose

•You are breaking the terms of the lease.

In theory these are the only legal reasons for issuing a notice to quit. But unfortunately since there is no rent cap in Abu Dhabi, a landlord doesn’t even need to go that far – some are simply raising the rent to an unrealistic amount to force you out. If the landlord won’t negotiate, there is nothing you can do about that.

 

Q.

I cannot afford my own place, so a friend suggested I move in with them and split the rent. Is this legal?

 

A.

No. Subletting is not legal in Abu Dhabi – the person occupying the property should be the same person that is named on the lease, and this should also be the person named on the ADDC account.

If it’s simply a case of someone living in your place with no legal rights, that would be ok if you get permission from the landlord.

The two people must be the same gender, of course.

In this case you will be held accountable for all outgoings and all other responsibilities, since your name will be the only one on the lease contract.

Do you have a question for Alan?

Send it to [email protected]

 

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