Is the tenant or landlord responsible for fixing and servicing the AC unit? | ExpatWoman.com
 

Is the tenant or landlord responsible for fixing and servicing the AC unit?

369
Posts
EW EXPLORER
Latest post on 24 May 2013 - 04:06

We are both a landlord and tenant, recently our tenant had a problem with their AC which needed repairing and servicing in which we paid over AED 3000 for. We are also a tenant and have up until now paid for all repairs in our apartment as we live on the Palm and apparently this is what is expected from IFA who manage the majority of the apartments. The issue is we have had one AC unit leak 4 times in 8 months and damaged alot of personal clothing in the property which we have had to dryclean or throw out at a cost to us. The AC unit hasnt leaked in 6.5 months but now IFA is blaming the leaking problem on us because we have not serviced the AC units every 5 to 6 months even though we have never had any problems with the other 2 AC units in the apartment and it was serviced 7 months ago. We have refused to pay for it as this is an ongoing problem which we are now sick of. We also only found out a few months ago that our apartment was sold to a new buyer who tried to kick us out, he refused to sign a tenancy agreement through IFA (to save management fees) and signed one direct with us. On the tenancy it clearly states that the landlord is responsible for any major maintenance such as plumbling, AC, electrical etc. The new landlord is now saying it is our problem as IFA states all tenants must pay for repairs and we have to pay for the AC problem because we have not serviced the unit for 7 months. First of all the tenancy is not through IFA so why is he using IFA rules and secondly this is the 4th time it has happened in 8 months, where do you think we stand as the new landlord is starting to threaten us. TIA

604
Posts
EW GURU
Latest post on 24 May 2013 - 07:48
Hi this all sounds a bit messy. Let me explain my situation. When we first rented our villa the LL said he was not 'paying for the a/c'. I took that to mean we pay for servicing/cleaning which is minor maintenance, usually quarterly but half yearly is okay. If anything breaks this is major maintenance and the LL is responsible for the cost of repairs - do not pay in advance yourself, like we did! However IF in the TA there is a clause that you must maintain the ac on a regular basis at your cost and you have signed to accept that, then if you have not stuck to the routine maintenance program then the LL will cry fowl and expect you to pay for any breakdowns. Somehow if you can prove by written report that the a/c breakdown is not due to not servicing the unit then he would be liable. Servicing is cleaning and checking for possible faults - if faults are found the LL has to pay. You pay for the servicing cost, someone to check the condition of the units and clean them. In 2 years of living here I have realised that most TA need to have clear definitions by addendum at the starts of rental as to what constitutes major and minor maintenance. This would make understanding of liability clear and prevent loss of deposit at end of tenancy. I will say right now our LL owes us around 3,500 Dhs for a/c repairs and I had the units serviced when we moved in, the faults all happened in the first 6 months so clearly the LL is duty bound to pay, but I am not sure we will receive the money back. Unfortunately because you did not service the units it will be your cost to get the people in and have the unit assessed, if you do not resolve it now you will lose from your deposit at the end of tenancy and your rights will be weaker than if you try to resolve the issue now. Good Luck!
 
 

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