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Landlord trying to pin apartment chiller charges on us, is this legal

263

Posts

EW NEWBIE

Latest post on 02 October 2013 - 15:56

Our contract is up for renewal in Dec, we got a letter from the landlord asking for 17% increase in rent, since the RERA calculator did not show any increase we told them that wont be happening. So their next answer is fine no rental increase but you have to pay 5k per year as chiller charges (a notification for this was sent 2 months back as-well) This will be our third year in the apartment, wanted to know weather the landlord can legally do this? There is no mention of chiller charges payable by the tenant in the original contract

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1443

Posts

EW OLDHAND

Latest post on 22 October 2013 - 17:10

From last year [url=http://tenantriskverification.com/2012/10/22/dubai-tenants-to-foot-thousands-of-dirhams-in-chiller-charges/'>Dubai tenants to foot thousands of dirhams in chiller charges[/url'> [i'>Dubai’s Real Estate Regulatory Agency (Rera) has started asking interim owners associations (IOAs) to install separate chiller meters at the time their annual budgets come for approval.[/i'> [i'>“We are asking the IOAs to install separate chiller meters when their budgets come for approval. As per the Direction for Association Constitution issued in accordance with Law no 27 of 2007, we can ask the IOAs to install meters,” a Rera official told ‘Emirates24|7′.[/i'> [i'>The move is aimed to ensure tenants pay the consumption charges as they pay for Dewa.[/i'> [i'>Currently, in buildings where there are no separate chiller meters, the owner bears the chiller charges, which may run up to Dh5 per sq ft in certain freehold developments. However, Rera has been giving the chiller cost separately in the annual budget for the purpose to allow owners to know the chiller charges they can pass on to the tenants.[/i'> 24/7 article [url=http://www.emirates247.com/news/dubai-tenants-to-foot-thousands-of-dirhams-in-chiller-charges-2012-10-18-1.479314'>link[/url'> <em>edited by Alismum on 22/10/2013</em>

5499

Posts

EW MASTER

Latest post on 22 October 2013 - 16:56

I have no idea what this is. A meter was supposedly installed in my bathroom ceiling void (and the stupid b**t**ds pulled my ceiling down and smashed my sink while they were fitting it), but it's not metering MY usage because there isn't any. Some people are getting 2k a MONTH extra as chiller charges.

2584

Posts

EW EXPERT

Latest post on 22 October 2013 - 16:45

with district cooling, you get charged a flat fee whether it's on, or off. This may or may not be included as part of your tenancy - you have to check your contract carefully. Some LL may have previously been happy to pay it but might have changed their minds. It probably averages at about 400 a month depending on how big the property is. So then on top of that you have district cooling consumption charges (which would be 0 if not switched on) and then DEWA for your electricity/lights/etc.

5499

Posts

EW MASTER

Latest post on 22 October 2013 - 16:39

Not in Dubai, but a similar thing happened in the Al Hamra apartments in RAK. The costs were always swallowed up in the annual maintenance fees but now Al Hamra Real Estate are passing the costs of cooling the communal areas on to the residents. Meters were fitted in the apartments but I don't know how they calculate the charges because all the power and water (and hence a/c) is off but I still get charged chiller fees.

8965

Posts

EW MASTER

Latest post on 22 October 2013 - 14:48

this is happening in Ghoroob too with DP, they've tried to increase the rent and now they're stating that all new contracts or renewals are subject to the tenant paying approx 7-10k per year for the chiller whereas it was previously included. we've only been here a year but they're saying that they won't renew our tenancy unless the chiller charge is paid upfront, it's just a rental increase by another name. we're screwed. edited by mogindubai on 22/10/2013 I would open a case with the rent committee. It has to be cheaper than the chiller charges/moving expenses.

mogindubai52347

106

Posts

EW NEWBIE

Latest post on 22 October 2013 - 14:37

this is happening in Ghoroob too with DP, they've tried to increase the rent and now they're stating that all new contracts or renewals are subject to the tenant paying approx 7-10k per year for the chiller whereas it was previously included. we've only been here a year but they're saying that they won't renew our tenancy unless the chiller charge is paid upfront, it's just a rental increase by another name. we're screwed. <em>edited by mogindubai on 22/10/2013</em>

1

Posts

EW NEWBIE

Latest post on 22 October 2013 - 13:54

Any service and maintenance chanrges relating to A/C district cooling etc is the responsibility of the landlord to pay. The monthly bill for consumption is your responsibility unless it states in your tenancy agreement that the landlord also pays this. Legally you are not allowed to pass on service charges to the tenant. So tell him to go whistle :-) I am facing a similar issue where my landlord is trying to increase my rent by whatever means possible. After informing her that she's not entitled to a rental increase she's turned around and informed us that she'll be charging for the chiller at a rate of 5.8 AED per sqft (approximately 8000 AED/year) which is the rate that Emaar apparently quoted her. The chiller is included in the service fees and there aren't individual meters. Hoots - Where did you find legal reference to this? I've reviewed Law No. 26 and No. 33 and I've called RERA and DM - Rent Committee and they just tell me to open a case but haven't given me legal reference to officially know my rights. Is there precedence to support this? edited by Nirenire on 22/10/2013 <em>edited by Nirenire on 22/10/2013</em>

8965

Posts

EW MASTER

Latest post on 02 October 2013 - 16:47

Our contract is up for renewal in Dec, we got a letter from the landlord asking for 17% increase in rent, since the RERA calculator did not show any increase we told them that wont be happening. So their next answer is fine no rental increase but you have to pay 5k per year as chiller charges (a notification for this was sent 2 months back as-well) This will be our third year in the apartment, wanted to know weather the landlord can legally do this? There is no mention of chiller charges payable by the tenant in the original contract Call the rent committee. This is happening a lot Who would you pay the chiller charges too as my friend in JLT has to pay them however she pays them directly to Palm District Cooling not the LL I would call his bluff and ask who you pay the chiller charge too? edited by sarahlou123 on 02/10/2013 The building is owned by a company and they are dealing with the whole matter. They're saying we can move out if were not willing to pay the charges. Is there a phone number for the rent committee you might have? Cant find their contact number, or is the Rent committee and RERA the same? I love " The you can move if you don't like it" Who will you pay the chiller charges too and will you get a bill with the charges on? ( Like a DEWA I suppose) I don't have a phone number for the Rent Committee sorry but if you search posts on here there will be one somewhere This has nothing to do with RERA who are a separate entity all together

263

Posts

EW NEWBIE

Latest post on 02 October 2013 - 16:36

We had a similar thing when renewing our contract last year. We are in JLT too and the building switched over to PDC, so the LL said he would keep rent the same, but we would need to bear the chiller charges as each apt is now metered. We agreed and actually, the charges are OK, however, we pay direct to PDC and so we get the bills and pay based on our own consumption. The apartment is not metered, and they're asking us to pay us by sq.yd...so the bigger the apartment, the larger the bill.. sounds ridiculous. They should atleast have meters put in place

263

Posts

EW NEWBIE

Latest post on 02 October 2013 - 16:34

The apartment was advertised as having a "FREE CHILLER" however there is nothing on the contract that says that the chiller is free. So i'm thinking . since this will be our third year of renewal, is it possible they change the contract this time and add in the clause that the tenant will be liable to pay the chiller charges. Wish I had known this before so we could have had it written on the contract.

469

Posts

EW EXPLORER

Latest post on 02 October 2013 - 16:31

We had a similar thing when renewing our contract last year. We are in JLT too and the building switched over to PDC, so the LL said he would keep rent the same, but we would need to bear the chiller charges as each apt is now metered. We agreed and actually, the charges are OK, however, we pay direct to PDC and so we get the bills and pay based on our own consumption.

849

Posts

EW GURU

Latest post on 02 October 2013 - 16:28

Do you have anything in writing indicating they've paid the chiller in the past or that it's a "CHILLER FREE" apt? I've heard of this happening in the past, so I'd hand written on our rental contract that the landlord would pay chiller, satellite and maintenance. Our apt is corporate owned, too, and I doubt they even noticed before they had the contract signed. So, our specifically says it on their.

101

Posts

EW NEWBIE

Latest post on 02 October 2013 - 16:27

Any service and maintenance chanrges relating to A/C district cooling etc is the responsibility of the landlord to pay. The monthly bill for consumption is your responsibility unless it states in your tenancy agreement that the landlord also pays this. Legally you are not allowed to pass on service charges to the tenant. So tell him to go whistle :-)

263

Posts

EW NEWBIE

Latest post on 02 October 2013 - 16:17

Our contract is up for renewal in Dec, we got a letter from the landlord asking for 17% increase in rent, since the RERA calculator did not show any increase we told them that wont be happening. So their next answer is fine no rental increase but you have to pay 5k per year as chiller charges (a notification for this was sent 2 months back as-well) This will be our third year in the apartment, wanted to know weather the landlord can legally do this? There is no mention of chiller charges payable by the tenant in the original contract Call the rent committee. This is happening a lot Who would you pay the chiller charges too as my friend in JLT has to pay them however she pays them directly to Palm District Cooling not the LL I would call his bluff and ask who you pay the chiller charge too? edited by sarahlou123 on 02/10/2013 The building is owned by a company and they are dealing with the whole matter. They're saying we can move out if were not willing to pay the charges. Is there a phone number for the rent committee you might have? Cant find their contact number, or is the Rent committee and RERA the same?

4423

Posts

EW MASTER

Latest post on 02 October 2013 - 16:14

This has varied depending on where we have lived in Dubai - 7 apartments and counting, some they have charged us - and others have paid it! <em>edited by pollydxb1 on 02/10/2013</em>

8965

Posts

EW MASTER

Latest post on 02 October 2013 - 16:06

Our contract is up for renewal in Dec, we got a letter from the landlord asking for 17% increase in rent, since the RERA calculator did not show any increase we told them that wont be happening. So their next answer is fine no rental increase but you have to pay 5k per year as chiller charges (a notification for this was sent 2 months back as-well) This will be our third year in the apartment, wanted to know weather the landlord can legally do this? There is no mention of chiller charges payable by the tenant in the original contract Call the rent committee. This is happening a lot Who would you pay the chiller charges too as my friend in JLT has to pay them however she pays them directly to Palm District Cooling not the LL I would call his bluff and ask who you pay the chiller charge too? <em>edited by sarahlou123 on 02/10/2013</em>

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