Is my landlord responsible for third-party damage?
Q I live in a ground floor flat with a communal area outside. Recently some kids were playing football and the ball broke my window. Of course they all scattered and I haven’t seen any of them since. I informed the landlord, requesting that he fix the window but he says it’s my fault and that he is not liable for any damage caused by such events. It’s not that I can’t afford to mend the window, it’s just a matter of principle – I do not believe I should have to. What do you say? MO, Sharjah
A When it comes to incidents like this, it is difficult to easily place the blame with either the landlord or the tenant. Firstly, find out if the landlord has any form of insurance? If so, although the landlord will not necessarily have to actually pay for the repair directly, it will be his responsibility to rectify the repair via the insurance. If there is no cover, I believe it will be very difficult for any landlord to just accept this responsibility, given that the damage was caused by a third party. In this case, if you cannot get an agreement with the landlord, it will fall on you.
I live in an apartment in Jumeriah Lakes Towers and my water bills seem to have almost doubled recently. I am not using any more than I was and I have asked the landlord to look into it, so far to no avail. I can’t see any signs of leakage in the apartment or the areas nearby but I’m sure there is a problem. I don’t want to pay for an inspection but the landlord doesn’t seem to be doing anything. What do I do next? DH, Dubai
Issues with Dewa do not necessarily fall on the shoulders of the landlord, especially when the account is in the name of the tenant. I appreciate that you have informed the owner but I’m not surprised to hear that the landlord has done nothing to date. The account is in your name so unfortunately it is your responsibility. I believe that getting an inspection would be money well spent and will determine exactly what the problem is and who is ultimately responsible.
Tawtheeq is now mandatory in Abu Dhabi, so my understanding is that when I lease a new flat the water and electricity bills will be in the tenant’s name, once a Twatheeq is issued. However, I have noticed many real estate advertisements stating that Tawtheeq is included. When I asked the agent about this, they said the bills are in the landlord’s name. Is it legal to sublease flats in villas with the Tawtheeq and utility bills in the landlord’s name? RP, Abu Dhabi
If the property is offered for rent directly from the owner and he is solely responsible for the property management, then yes it is possible to issue the Tawtheeq with the water and electricity paid by the tenant. If a tenant is the second party, for example a company, they cannot issue the Tawtheeq because the utility bills will be addressed to the company, which is not the owner of the property. The only way possible to issue the Tawtheeq in this instance would be if it is mentioned in the property management agreement that the company will be responsible to pay the property utilities. Generally speaking, subleasing by a tenant is not allowed unless the owner has agreed to it. Having said that, there is an option in the municipality property management agreement that does allow subleasing and facilitates individual Tawtheeq.
Mario Volpi is the sales and leasing manager at Engel &
Volkers. He has worked in the property sector for more than 30 years in London and Dubai.
The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkerscom