Tenant Rights in the UAE: Can Rent Be Recovered for Unusable Property?
- Amer Berry
If a tenant is unable to benefit from a rented property due to a malfunction that prevents its use, are they entitled to withhold or recover rent for the period of non-use? This question often arises in rental disputes, particularly when essential services or conditions in the property fail.
Case Example: Recovering Rent for Unusable Property
In a recent case we represented, the tenant was unable to use the rented property due to a sewage leakage and foul odors that rendered the space uninhabitable. We filed a claim on behalf of the tenant to recover rent paid during the period of non-use and requested the appointment of an expert to investigate. The expert’s report confirmed the tenant’s inability to use the property due to the malfunction.
Rent is defined as the amount paid by the tenant in exchange for the use of the leased property. In this case, the tenant was deprived of this benefit. The landlord argued that the tenant had blocked the maintenance team from entering the apartment to carry out repairs. However, the expert’s report confirmed that the source of the problem was from the apartment above. Despite the tenant granting access to the maintenance team, the issue remained unresolved.
Using the expert report, we established that the tenant was unable to benefit from the property for a specific period. As a result, we calculated the rent for that period and filed a claim for reimbursement through the relevant committee, seeking compensation for the total non-use of the property.
Importance of Expert Reports in Rental Disputes
In cases like this, expert reports are crucial. Relying on photos, videos, or maintenance company quotes may not be sufficient to prove the extent of the malfunction. In our case, the expert report issued by Dubai Municipality played a key role in substantiating the tenant’s claim. This demonstrates that any legal action should be supported by an official expert report to strengthen the case in court.
Can Tenants Claim Additional Expenses?
If the tenant was forced to seek alternative accommodation, such as hotels, due to the property’s unavailability, can they claim these expenses in addition to the rent refund?
Typically, courts in the UAE view a rent refund for the period of non-use as sufficient compensation. However, additional claims may be made if the tenant can prove that they incurred other damages, such as:
- Relocating a business or workplace
- Transferring children to different schools
- Increased transportation costs due to a temporary residence
Such evidence would need to be clearly documented to be considered by the court in addition to the rent refund.
Conclusion
In rental disputes where the tenant cannot use the property due to a malfunction, recovering rent for the period of non-use is possible, but success largely depends on strong evidence, such as expert reports. For tenants facing similar issues, it is critical to gather substantial evidence and seek legal advice to navigate the claim process effectively.
If you are dealing with a rental dispute or property malfunction, contact us for expert guidance on recovering rent or filing for compensation.
Legal Insights
- 11 October 2024
- 4 min read
Get in Touch
Need personalized legal advice? Contact our expert team for prompt and tailored solutions.
[contact_form]
Book a Legal Consultation
Schedule a paid consultation to discuss your legal concerns with our experienced professionals.