# Landlord's breach - service fees



## Lamplighter (Jul 20, 2010)

Hi there.

Regarding the shared-facilities situation on Palm Jumeirah, where Nakheel Shoreline Beach Clubs Management (SBC) are preventing tenants access to gym, beach and pool area where the service charges account is in arrears.

My landlord owes a sizeable (AED 6-figure) amount to SBC/Nakheel, and has told me that he can't/won't pay this due to funds required for family illness. He is looking to sell the property at the end of my tenancy, and settle the SBC account from the proceeds of sale.

I have extended my sympathy on the illness. However, I have also explained that payment of service charges is the landlord's obligations under the tenancy contract, and that for my wife and me to use the facilities each day, we are having to pay AED 900 per week that we shouldn't need to.

I suggested to the landlord that as a remedy to the contractual breach of not settling the Nakheel service charges account, could he instead compensate us for (an agreed proportion of) the daily facility fee. The account between landlord and Nakheel is none of my business, and by compensating the fees we would ignore the breach.

He has not responded on this point, and I cannot reach him by phone, and all the while we are paying to access the gym, beach and pool.

What are the next steps for me to apply some pressure? What would my next steps be with regard to Landlord's breach? Would RERA be able to assist?

Thanks, Lamp


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## rsinner (Feb 3, 2009)

I am sure someone more knowledgeable would come along and help out. However, couple of comments:
1. The whole story of illness does not sound right. Sounds just like the time when the delivery guy of a restaurant forgot to deliver at my place, and the manager called to tell me that the delivery guy had "met with an accident". In short, be sympathetic, but don't let sympathy come in the way of getting what is rightfully yours. Moreover, it sounds like a delaying tactic since he is not responding to your calls
2. I hope you have registered your contract with RERA in case you need to seek help from them.
All the best!


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## wandabug (Apr 22, 2010)

The Landlord is just giving you a sob story that is probably a pack of lies. He cannot even sell his property while there are arrears. Go straight to Dubai Rent Committee- :: ????? ??????? ???????? :: and raise a dispute. Details on their website. They will then take it up with him. They charge 3.5% of the annual rent to raise a dispute but, hopefully, they will instruct the Landlord to reimburse you for your costs. Write to the Landlord that you are raising a dispute.


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## wandabug (Apr 22, 2010)

Dubai Rent Committee - rpdubai


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## Lamplighter (Jul 20, 2010)

Thanks both!

It is indeed most probably a delaying tactic and possibly a pack-of-lies, but I can't question that. The sob story is compounded by them having lost investment money on other developments in Dubai on which construction has stopped (City of Arabia, for instance).

The threat of registering with rpdubai is exactly what I was looking for as leverage, and I will put this to them and ultimately think about following-through if necessary.

Re RERA, the contract is in my employer's name and it hasn't been registered, and anyway expires mid May. The previous tenant (former work colleague) wasn't fussed about the facilities, but we are (gym, pool, beach) and rightfully should have access.

Thanks again
Lamp


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## wandabug (Apr 22, 2010)

They would need to register the contract for you to raise a dispute. Don't show him any sympathy - he should have used the rent money received to pay his fees. Come mid may he is going to end up with an empty apartment with no income because he didn't look after his tenants - serves him right!


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## Bigjimbo (Oct 28, 2010)

This is the next step unless your Landlord agrees for you to leave and find a similar apartment where the owner has paid the fees. I have had to help a few people out like these in the last 3 months


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