Who is responsible for repainting our home – us or the landlord?

Q Who is responsible for painting a villa – the tenant or the landlord? We have lived in our villa for four years and asked the landlord for a fresh lick of paint. She says it is our responsibility to pay for this work. Is this the case? We’ve been quoted Dh4,000 for the whole villa, which seems a lot for us to pay but the villa does need it. NB, Dubai A

Maintenance of a rented property can sometimes throw up some interesting scenarios. I will break up my answer into two parts: one is maintenance from a repair perspective, the other is maintenance from an aesthetic perspective.

Repairs are often required from an emergency point of view, such as a burst pipe or tank or from leaking installations. For any maintenance or work required, it is common practice to monetise the situation so that any single maintenance issue that requires less than Dh500 is normally the responsibility of the tenant, and above this amount it is the landlord’s.

When it comes to redecorating or painting from an aesthetic point of view, remember that a property has to be returned in the same condition as it was before the contract started. Now depending on what kind of relationship you have with your landlord, it will determine how your dilemma will be resolved. You say you have already spoken with your landlord and that she says it is your responsibility. To a point she is right, because as stated, it will need to be returned as new, however if it is only a lick of paint that is required to freshen it up, the landlord does also have a responsibility to give you a decent property in return for the rent. Therefore, she should at the very least, share the cost with you. The reality, however, is that it would be foolish to fall out over such a situation so if she insists on not contributing anything, it is your choice to go ahead or not, you will be living in the property for the foreseeable future.

I live in an apartment in Abu Dhabi and recently discovered the other tenants pay Dh10,000 to Dh15,000 less for the same type of unit. Those tenants all moved in after me, hence the cheaper deal. The block is owned by a single landlord with an agent managing all the units. My contract is due for renewal in three months. How do I negotiate a cheaper rate for me? MW, Abu Dhabi

If you want to alter any part of a tenancy contract, you are required to put in writing – two months prior to the date of the lease expiring – the changes you would like to make. In your case this would be to lower the rent. To convince the landlord, it would be advisable to also arrange a meeting to explain that while you would like to remain in the property and renew the lease you would only wish to do so at more favourable rates.

If, however, you cannot convince the landlord to lower your rent to match the others, you can then decide to seek other cheaper units and move out. In this case, you still have enough time to give in writing that you will not renew. Remember that any changes require a 60-day written notification and this includes non-renewal too.

Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for 34 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send questions to mario. volpi@engelvoelkers.com