دبي, الإمارات العربية المتحدة

Responsibility for defects discovered after handover of the premises

Dear Sir or Madam,

Good Afternoon.

Two months ago, we have moved from an apartment, settled all the bills, and collected our security deposit back from the agency. However, the agency is sending us an email saying that the cooker is not working at all at the moment, and that was caused by us.

During our stay, we did have an issue with the cooker, smoked started coming out, and at that time we informed the building management as they had to shutdown the power. The oven was fixed afterwards by the building management and was working properly. We didn't pay for anything.

Please advise, can agency press charges against us, or do we need to pay for the new cooker, as that is what they are asking from us now?

Appreciate your assistance with the matter,

Thank you,

Andrea

نخات ساردر خان

كوشار أند كو إنك. مستشارون قانونيون (فرع دبى)

دردشة

توظيف

اجتماع

15 Mar 2017, 09:36

Dear Andrea

You have to pay for the intentional damage to the item or due to negligence or misuse which rendered the item unfit or useless but you are not liable to pay for normal wear and tear. Please let me know how many years you leased the premises. If the duration is short then their contention is strong but if the lease is for many years then their contention is weak.

If the item provided by them is not working they should repair it. If you left it in working condition you should insist that when you left it was in working condition, therefore, you are not liable to pay for the same as the piece so provided was defective from day one.

With best regards

Mrs. Khan

+971508855599

nikhat@kochhardubai.com

15 Mar 2017, 10:35

Dear Mrs. Khan,

Thank you very much for the response.

We were renting the premises for 10 months. All the items were working once we occupied the premises, but also they were working when we left.

Once we left, the agent did the inspection in our presence and everything was working, hence our security deposit was returned to us.

Please note that we were communicating with the agency, not the landlord.

The agency is asking us to pay for the damage of the oven, as they are claiming that now it is not working. Do we need to pay for that or that is not our responsibility any longer?

Thank you very much.

Best regards,

Andrea

15 Mar 2017, 10:44

Dear Andrea,

No, you are not liable. Since the agent did the inspection in your presence and everything was working, then it is not your responsibility anymore.

Do not give a detailed explanation in writing to them. Simple straight to the point, i.e.: "We left the premises 2 months ago!!! Your agent did the inspection in our presence, and everything was working then. Therefore, it is not our responsibility anymore especially after the handover of the same in working condition. We are not liable for a defective piece (the cooker) which gave us problems during our lease period".

With best regards,

Mrs. Khan

15 Mar 2017, 10:47

Dear Mrs. Khan,

Thanks again once more. I really appreciate your assistance.

Best regards,

Andrea

15 Mar 2017, 10:56

Most welcome Andrea.

With best regards,

Mrs. Khan

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