When it comes to renting in the UAE, especially in Dubai, tenants face many challenges when it comes to rent increases. One of the biggest concerns tenants have is whether they can dispute rent hikes especially when maintenance issues are present. If you’re in a situation where your rent is increasing and the property is deteriorating, you need to know your rights and what steps you can take to resolve the issue.
Can Poor Maintenance Affect Rent Increases?
In Dubai, rent increases are governed by the Real Estate Regulatory Agency (RERA) which has a rental index as a guide for landlords and tenants. The index provides a guideline for acceptable rent increases based on the location, size and market value of similar properties in the area. But one key factor the index doesn’t consider is the maintenance of the building. This leaves a grey area for tenants who feel rent increases are unjustified due to poor maintenance.
For example, if the air conditioning is always out of service, the roof is leaking or the elevators and lobbies are not being cleaned, tenants may not feel they are getting value for the increased rent. And amenities like swimming pools and gyms, which are often highlighted as key features can also be down for long periods. In such cases tenants can feel justified in disputing rent increases even though the RERA rental index doesn’t mention the condition of the property.
Your Options: File a Complaint
If your rent has increased and there is no maintenance, you can file a complaint with the Rental Dispute Settlement Centre (RDSC) which is a department of the Dubai Land Department (DLD). This is the official body that handles disputes between tenants and landlords. But remember, while you may have a case, winning is not guaranteed.
The RERA rental index doesn’t consider the maintenance status of the building so unless your landlord is breaching the tenancy contract such as not providing essential services or ignoring major maintenance issues, it’s difficult to dispute a rent increase just because of poor maintenance.
But tenants do have a case if the maintenance failures affect their quality of life or the building is becoming unsafe. A leaking roof, faulty air conditioning, no security and insect infestation are all serious issues that can be used to dispute. If your contract says the landlord is responsible for these aspects, you have every right to file a complaint.
Dispute Rent Increases
Let’s say you live in a 3 bedroom apartment and over the past few years your rent has increased significantly as per the case of JG from Dubai. The rent was Dh100,000 in 2020 and after a reduction due to COVID-19 it has increased to Dh107,000 in 2024 – a 15% increase in 2 years. Meanwhile, the maintenance of the building has deteriorated, the gym and pool is never operational and common areas are not being cleaned. Issues like this can make tenants feel they are paying more for less and can dispute the increase.
If your landlord has increased the rent and neglected basic repairs or services, you can argue the rent increase is unfair. Maintenance is a part of any tenancy agreement and landlords are legally obligated to ensure the property is safe, clean and habitable. Not doing so can be a breach of the contract and gives you leverage when negotiating the rent.
How to File a Complaint
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Document Everything: The first and most important step is to document all the maintenance issues. Keep a record of when the problems started, any communication you had with the landlord or property management and if any steps were taken to fix the issues. Photographs, emails and written correspondence are all evidence in your case.
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Talk to the Landlord: Before filing a formal complaint, communicate with your landlord regarding your concerns. Explain the maintenance problems and how they affect your living conditions. Ask the rent to be kept the same or even reduced until the issues are fixed.
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File a Complaint with the RDSC: If the landlord refuses to negotiate or address the maintenance issues, you can file a complaint with the RDSC. This will cost you a fee and you will need to submit all your documents as evidence. The RDSC will then review your case and decide if the rent increase is justified given the condition of the property.
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Attend the Hearing: Once you file the complaint, the RDSC will schedule a hearing where both you and the landlord will present your cases. Make sure to have all your evidence well-organized to show how the poor maintenance affects your living conditions and why it justifies a rent freeze or reduction.
Outcomes
While there’s no guarantee the RDSC will rule in your favour especially if the rent increase is in line with the RERA index, there are still possible outcomes that can benefit you. The tribunal may instruct the landlord to fix the maintenance issues as part of the tenancy contract or, in some cases, reduce the rent due to the condition of the property.
If the landlord doesn’t comply with the tribunal’s decision, further legal action can be taken but this can be time consuming and costly. Weigh whether the outcome of the case is worth the time and expense or if moving to a better maintained property might be a better option.
Is It Worth It?
Disputing rent increases on the basis of poor maintenance can be tricky especially since the RERA rental index doesn’t account for property condition. But it’s worth doing if you feel your landlord has breached the tenancy agreement by not doing basic repairs or maintenance services.
Before filing a complaint, consider if the rent increase is really unjustified compared to the market rate for similar properties. If the increase is in line with the RERA index but the property is deteriorating, it might be better to negotiate with the landlord or move to a property that meets your expectations.
In the end, taking the dispute route should be the last resort after all negotiations have failed and you have no other option. If you do decide to go ahead, make sure you are prepared with documentation and evidence to support your case.
Disputing rent increases in the UAE based on poor maintenance is not always easy but it’s a valid option for tenants facing deteriorating living conditions. Proper documentation, communication with your landlord and filing a complaint with the RDSC are the steps you can take to resolve the issue. But given the limitations of the RERA rental index and the legal system, whether the dispute is worth it or if moving to a better maintained property might be a better option.
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