Questions & Answers
Can tenant unilaterally refuse to use Empower services?
I have had a rented apartment in Dubai for more than 5 years. I CHOSE NOT to have a contract with Empower for A/C. Instead, I bought a portable a/c.
The Landlord AND Empower are now saying that I have been living illegally and that I MUST pay AED 11,000 and then REGISTER with Empower and pay the monthly charges even though I do not have or want Empower services.
Can this be so? Thank you, MJ.
Dear MJ,
We need to review the contract to know what you agreed and advise you accordingly. Here the privity of Contract is between the Tenant and Landlord only. Signing a contract with Empower must be a part of his condition to lease the premises to you or any other tenant (and the landlord must have received a discounted rate or something in return on the condition that ALL tenants contracts with Empower).
If you CHOSE not to contract, then was it conveyed and agreed by the Landlord? If agreed then after 5 years you cannot be slapped by a fine/rental.
However, if you CHOSE not to contract and the same was NOT confirmed as ACCEPTABLE by the Landlord then we may have an issue.
With best regards,
Mrs. Khan
