In Dubai, the landlord is responsible for major maintenance. You can think of it as the landlord being in charge of ensuring the property continues to have the functional features that attracted the tenant to it in the first place. These include structural integrity and functional plumbing, electrical, and mechanical components.
Did the water pipes burst? Landlord. Cracks on the wall? Landlord. Out of plumb doors and windows? Yes, still the landlord.
However, when it comes to air conditioners, confusion often arises. Who maintains the property’s air conditioning, and who pays for AC service?
This is a particularly important question in Dubai, where air conditioning is not a luxury but a necessity. It’s also a question that can easily trip up tenants. The landlord is clearly responsible for a property’s HVAC system. What’s unclear, however, is what constitutes the landlord’s AC maintenance responsibilities.
This article focuses on the nuances of AC maintenance in the context of commercial tenancy agreements. The goal is to help you determine when you or your landlord is responsible.
Shared Responsibility
Regardless of the general rule that landlords are responsible for property maintenance, maintaining the HVAC system or the AC units, AC maintenance is typically a shared responsibility between landlords and tenants. Part of it falls on you, the tenant, and the remainder on the landlord.
Tenancy Contract
Since the matter of AC maintenance can be ambiguous, your tenancy contract must be specific about AC maintenance responsibilities. Before you sign your tenancy agreement, read the clauses on maintenance to ensure you understand your and your landlord’s distinct responsibilities and, more importantly, that they’re fair and you agree with them.
If you need AC service during your tenancy and are unsure who’s supposed to pay for it, check your tenancy agreement. If it’s well-drafted, it should provide specific and unambiguous answers.
Major and Minor AC Maintenance
In alignment with Dubai’s tenancy laws, it’s customary for landlords to be responsible for major repairs and for tenants to take charge of minor repairs. However, it can be difficult to determine what constitutes a major repair.
It’s clear that replacing a dead AC unit (if the property was rented with said AC already installed and included) is a major repair, so the landlord is responsible for it. However, what if the AC is leaking water and the AC’s condensate line cannot just be cleaned but must be replaced? Who’s responsible for that expense?
Financial Thresholds
Tenancy agreements often set financial thresholds to minimise ambiguity. For instance, a rental contract may define minor repairs as anything that costs AED 500 or less. Meanwhile, any repairs or maintenance that costs more than AED 500 are automatically designated as major maintenance.
While the financial thresholds may be arbitrary, they work. Under such terms, AC cleaning, filter replacement, or regular servicing should qualify as minor maintenance tasks and should be well within your purview as a tenant. Meanwhile, fixing compressor failure, repairing gas leaks, refrigerant refilling, and resolving other issues that are often costlier and can render the AC unit unusable are the landlord’s responsibility.
Annual Maintenance Contracts
Even if your landlord is responsible for ensuring the property is safe and habitable for you (and your clients or customers, since it’s a commercial lease), you should still consider getting a commercial annual maintenance contract for your rented space if your landlord doesn’t already have one in place.
Here are the benefits of obtaining an annual maintenance contract on a commercial property rental:
Business as Usual, as Soon as Possible
You don’t want disruptions to your business, and an out-of-commission AC unit is a definite disruption, especially in the Dubai climate. With an annual maintenance contract, you’re guaranteed quick emergency repair services.
What if it’s the landlord’s responsibility, for instance, a damaged compressor or motherboard? Even then, having an annual maintenance contract is still better than waiting for your landlord to send help. This way, you can get your trusted service personnel to take care of the problem first, and then just send a bill to the landlord for the major repair.
An annual maintenance contract means quicker repair and response times. The faster your AC gets sorted out, the sooner your restaurant, salon or gym can go back to operating and earning.
Fixed and Predictable Costs
An annual maintenance contract allows you to control your maintenance costs. It can take care of your minor maintenance responsibilities, with its regular (usually quarterly) AC inspection and cleaning (even an annual plumbing and electrical inspection). You know how much each AC service will cost you, so there are no surprises. Anything significant, you can pay for first and then bill your landlord for.
Fulfilment of Tenant Obligations
As a tenant, you’re responsible for ensuring the property remains in good condition, as good as it was when you moved in, minus understandable wear and tear. An annual maintenance contract helps you fulfil this obligation and minimise possible deductions from your security deposit.
Minimise Ambiguity
AC maintenance on a commercial property rental is a shared responsibility between landlords and tenants. For your protection, make sure your tenant agreement is clear on AC (and other) maintenance responsibilities, and for your convenience, get an annual maintenance contract.
