# renting - what are my rights?



## sarahlou84 (Aug 3, 2011)

I have just started a contract for a new apartment with a jacuzzi in the bathroom! - when I signed the contract and was given the keys the DEWA was not on so I couldn't check that everything was working and obviously you need the signed contract before you can connect the DEWA anyway.

Once the water had been turned on I filled the bath to try out the jacuzzi and yes, you've guessed it, it doesn't work!

The landlord lives in the UK so I need to do everything through the agent so I called him and he came round and had a look and told me the motor is disconnected. I asked him what he is going to do about it and he said he will find out about getting the motor fixed or replaced. He then said it may not have been done already because it's not fixable! I told him that one of the reasons we took the apartment and paid a little bit more than what we wanted to pay was because it had this bath - he just laughed and said at least you have a bath!

So I would like to know, what happens if this can't be fixed? The landlord/agent obviously knew about this before I moved in because it was disconnected. Can I claim back some of the rent I have paid because I haven't been told about the issue? Has anyone had a similar situation?

Thank you!


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## wandabug (Apr 22, 2010)

Check your contact, what does it say about maintenance? Is it the landlord or the Tenant? If it says the Landlord is responsible then he is. Can he be forced to fix it? not really!
Whose name is on the contract and who did you pay the rent to? If the contract is in the name of the agency then they are responsible. But again good luck with that.
Give them a chance though, the agent did say he would look into getting it fixed.
Is it a new apartment?it so it might never have been connected and would be covered under snagging (maintenance in the building will fix it).
If you do not get anywhere with them I would look into how much a motor is, it might not be all that much and even though it is not right that you have to pay, it might be the only way to go and at least you get a working Jacuzzi.


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## Mr Rossi (May 16, 2009)

You probably have some rights somewhere or other and you can take a ticket to wait and open a case that will never get heard or you'll get a phone call in 5 years asking if you still have the problem or something.

Best thing is to hound the agent and make his life a nightmare with calls at all hours. If he works from an office, take time off to sit in the office and inform other people how rubbish they are. Even when they say they will get on case and are chasing the landlord. don't let up. 

Don't loose your rag or get into a temper with them, repetition and perseverance is the key.


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## Bigjimbo (Oct 28, 2010)

^^ Agreed ^^

Also follow this behavior with the owner.


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## Kawasutra (May 2, 2011)

sarahlou84 said:


> I have just started a contract for a new apartment with a jacuzzi in the bathroom! - when I signed the contract and was given the keys the DEWA was not on so I couldn't check that everything was working and obviously you need the signed contract before you can connect the DEWA anyway.
> 
> Once the water had been turned on I filled the bath to try out the jacuzzi and yes, you've guessed it, it doesn't work!
> 
> ...


The maintenance company or the company which installed the hubbly bubbly bath tube should fix it under warranty.
I had a similar problem with Teka kitchen appliances, totally crap...!
Called Teka a houndred times to fix it...


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## LongLiveDubai (Dec 1, 2011)

I believe it is the responsibility of the owner to fix it. Most contract make tenants responsible for minor maintenance and the owners for major maintenance. However, the owner should handover the apartment to you with everything in working order unless somehow is already specified as non working at the time of signing the lease. You can always file a compliant with the rent dispute committee.


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## w_man (Apr 16, 2010)

I know this is an old thread but I have a similar question so thought I'd ask here.

Who is generally liable for the appliances in an apartment unit? Eg: fridge, stove, washing machine etc. There is no clear clause in the rental agreement that talks about appliance repairs. 

The main clause I can see on the back of the contract (Annexure to tenancy contract)- as stated above is: 
"Major maintenance charges are the responsibility of the landlord (including any service charges and or home owner association fees levied by the developer or any such management company)"

In the past - we have been living in this apartment for 1.5 years now - repairs like AC leaking, stove making strange noises were handled by the owner with no questions asked but a couple of days ago, the washing machine started leaking, not just from a pipe but from within the machine itself (from behind the instrument panel). I contacted the landlord's representative who wasn't able to get in touch with the landlord right away so contacted the agent instead ... the agent told him that this is the tenant's responsibility as per the tenancy contract. He quoted the following close from the front of the contract (not negotiable one):

"If the tenant wishes to carry out repairs or adjustments to the Subject of Tenancy he has to do it at his own expense but has to advise and ask permission of the landlord."

I have asked the representative to check directly with the landlord as I don't think major appliances should be fixed by the tenants but I thought I'd check with some of the real estate experts on this forum for their opinion. 

Thanks in advance for your help.


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## Bigjimbo (Oct 28, 2010)

No clear and set rules unfortunately


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## rsinner (Feb 3, 2009)

I would think that any appliance getting repaired (in case it is major) HAS to be by the landlord. Otherwise, he chooses to be an a$$hole about it, tell him that you will repair the appliance and then take it away when done with your renting period [taking away the appliance would be illegal, but hopefully he won't call the bluff!]


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## w_man (Apr 16, 2010)

Bigjimbo said:


> No clear and set rules unfortunately


It's what I figured ... why make things clear when they can be left in a 'grey area'

Thanks Bigjimbo - appreciate the feedback.



> I would think that any appliance getting repaired (in case it is major) HAS to be by the landlord. Otherwise, he chooses to be an a$$hole about it, tell him that you will repair the appliance and then take it away when done with your renting period [taking away the appliance would be illegal, but hopefully he won't call the bluff!]


I would think so. I own a property back home and it's rented out through a property management company. All appliances are my responsibility as a landlord, unless of course the technician fixing the appliance can say that it wasn't normal ware and tare but instead the damage was caused by undue care by the tenant.

Yea - I have had a good relationship with the landlord so far but if he chooses not to cover this cost, maybe we'll just look for another place in a few months or he'll need to drop the rent to cover any future maintenance issues this apartment will surely face as it gets older.


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## maverick12210 (May 7, 2012)

Ideally it should be the landlord who takes care of the maintainence


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## petrolhead (Jun 27, 2011)

I had a similar issue a couple of months ago. Only moved into premises last October so not been there that long. 

The washer next to downstairs toilet was leaking so called out (contractual) maintenance guys to repair and after assessment advised that it would have to be replaced as it was broken. So told them to go ahead and once completed they issue me with an invoice which I refused to accept as not my home and told them to forward to my landlord. Said landlord emails me following week asking if I'd had some minor maintenance dealt with in bathroom to which I replied yes and he then tells me that _he_ would cover the cost this time but in future it's down to me as it's wear and tear. Pfft. 

Bearing in mind that the part had never been used by me and that the building was just over a year old - should it have deteriorated so quickly? I'm now terrified if anything else goes wrong where I'm going to have to bear the financial brunt. So have decided like a previous poster if I have to shelve out for any fixtures and fittings (which I believe IS the sole responsibility of landlord) then I shall be removing them when I move out. I paid for them so effectively they're mine! Shall keep all the broken items and replace back with those


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## w_man (Apr 16, 2010)

So I can see that it's not usual to have this in clear terms on a standard lease - which again, it should be rather than leaving it 'grey area' - appliances do break down.

I wonder if people have asked to put this clause in to a contract? On the back of the lease agreement? I am wondering why RERA doesn't have a clear cut clause for this in their contracts!?


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## Bigjimbo (Oct 28, 2010)

w_man said:


> So I can see that it's not usual to have this in clear terms on a standard lease - which again, it should be rather than leaving it 'grey area' - appliances do break down.
> 
> I wonder if people have asked to put this clause in to a contract? On the back of the lease agreement? I am wondering why RERA doesn't have a clear cut clause for this in their contracts!?


I suspect RERA are to busy trying to arbitrate billion dirham deals/problems to worry about whose responsibility it is to replace the cheap Chinese wahser that connects the washing machine to the water source when it goes pop.


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## BedouGirl (Sep 15, 2011)

petrolhead said:


> Bearing in mind that the part had never been used by me and that the building was just over a year old - should it have deteriorated so quickly? I'm now terrified if anything else goes wrong where I'm going to have to bear the financial brunt. So have decided like a previous poster if I have to shelve out for any fixtures and fittings (which I believe IS the sole responsibility of landlord) then I shall be removing them when I move out. I paid for them so effectively they're mine! Shall keep all the broken items and replace back with those


While I agree with you that things should not go wrong so quickly, I think you will find you will say goodbye to your security deposit if you do this. Most landlords are now following this 'minor' repair clause. The thing to do is to get a ceiling agreed in writing. What might be minor to a landlord may not be minor to the tenant.


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