Pool Need to be Repaired Which The Landlord is Not Willing to do

Question:

We commenced a tenancy agreement in September 2014. When we looked at the property the swimming pool had been emptied and the broker/property manger who lives on site told us that it was under maintenance and the work would be finished within the month. He told existing residents the same thing. We have all paid our rental in one payment for the year.

We have asked repeatedly about when the pool will be worked on and have now been told that nothing will be done. It is currently unsafe as there is no cover or other security measures. As it is a central feature to all of the villas, action needs to be taken. The residents have agreed to write a letter to the landlord, but before doing so, could you please inform us of our legal standing? For example, can he be made to rectify this situation as we all understood that this was an agreed facility or are we entitled to a proportion of the rent back or to break our contract? With thanks for your response.

Answer:

Thank you for your email.

This situation is very difficult to police. On the one hand it is inferred that if there is a pool at the centre of all the villas then this would be an asset to all if it were in working order. On the other hand, I suppose there is no mention on your agreement about the use of the pool and therefore it would be difficult to get the landlord to legally follow through on his obligation to repair it.
Clearly it is a shame that your landlord is obviously so cheap that he cannot repair what would be a great positive to the development and ultimately he will lose out in the end as tenants will move out if he doesn’t restore it.
To legally get him to repair it will take time and money and I think you will be fighting a lost cause. Ultimately he will only repair it if he wants to.

I hope this has helped.

The above answer has been brought to you by Mario Volpi who is the Managing Director of Ocean View Real Estate in Dubai. Mario has 30 years of property industry experience in Dubai and London.

The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.

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