Civil Law and UAE: Landlord Obligations for Habitability and Maintenance

1. Introduction

Under UAE civil law, a landlord's obligations concerning habitability, maintenance, defects, repairs and the tenant's enjoyment of leased premises arise from a combination of:

• the UAE Civil Transactions Law;
• applicable emirate-level tenancy legislation;
• the lease agreement;
• evidence and procedural rules; and
• judicial interpretation.

A major current-law point is that Federal Decree by Law No. 25 of 2025 promulgating the Civil Transactions Law came into force on 1 June 2026 and replaced the former 1985 Civil Transactions Law. Therefore, current UAE analysis should distinguish older cases decided under the former framework from the current statutory provisions.

For Dubai residential leasing, Dubai Law No. 26 of 2007, as amended, is particularly important. Article 15 requires the landlord to hand over the property in a condition permitting the tenant's intended use, while Article 16 places maintenance and repair responsibility on the landlord unless the parties agree otherwise. Article 17 further protects the tenant against defects, damage and wear and tear not attributable to the tenant.

2. Meaning of Habitability

Habitability means that leased premises are reasonably capable of being used for the purpose for which they were rented.

For a residential property, this generally involves matters such as:

• functioning essential services;
• safe electrical and plumbing systems;
• adequate sanitation;
• functioning air-conditioning where contractually or legally required;
• absence of serious structural defects;
• reasonable protection against dangerous defects;
• correction of serious mould or water-leak problems;
• maintenance of essential facilities.

Habitability does not necessarily mean that the premises must be perfect or free from every minor defect.

The legal question is generally whether the condition of the property substantially interferes with the intended contractual use and enjoyment.

3. Current UAE Civil Transactions Law

The current Civil Transactions Law contains specific provisions dealing with leased-property defects.

Article 714

The lessor warrants the lessee against defects that:

• prevent enjoyment of the leased property; or
• substantially diminish that enjoyment.

However, defects customarily tolerated are not necessarily covered.

Where a defect deprives the tenant of enjoyment, the tenant may seek:

• rescission;
• reduction of rent; and
• compensation for damage where justified.

A landlord is generally not responsible for a defect that the tenant knew about when contracting or could easily have discovered.

This creates an important legal graph:

Defect → effect on enjoyment → substantial interference → remedy

4. Landlord's Basic Maintenance Obligation in Dubai

Dubai Law No. 26 of 2007 provides a particularly clear framework.

Article 15 — Delivery

The landlord must hand over the property in a condition that allows the tenant to make the use contemplated by the lease.

Article 16 — Maintenance

Unless the parties agree otherwise, the landlord is responsible during the lease for:

• maintenance works; and
• repair of defects or damage affecting the tenant's intended use.

Article 17 — Interference and defects

The landlord is responsible for changes or defects that prevent full use where they are not attributable to the tenant.

The provision also addresses damage, deficiency and ordinary wear and tear not caused by the tenant.

5. Major Maintenance vs Minor Maintenance

One of the most important practical distinctions is between major and minor maintenance.

Usually associated with major maintenance

Depending on the lease and applicable law:

• structural defects;
• major plumbing;
• major electrical systems;
• roof defects;
• serious water leakage;
• major AC/chiller problems;
• serious mould;
• drainage problems;
• building-system failures.

Usually associated with minor maintenance

Depending on the contractual allocation:

• replacing light bulbs;
• minor fixture repairs;
• small plumbing issues;
• ordinary cleaning;
• minor damage caused by the tenant.

The exact allocation must be checked against the lease agreement and applicable tenancy legislation.

Dubai law itself permits the parties to agree differently on maintenance responsibility.

6. Case Law 1 — Nysa v Norwood

Nysa v Norwood [2023] DIFC SCT 480

This is one of the clearest authorities concerning habitability and landlord maintenance obligations.

The disputed items included:

• windows;
• air-conditioning fan motors;
• exhaust fans; and
• refrigerator problems.

The Court held that the issues did not constitute ordinary wear and tear and found that the landlord was responsible for rectifying them. It relied on the DIFC Leasing Law's requirement that residential premises be maintained in good repair and the landlord's duty to take reasonable steps to ensure the tenant's quiet enjoyment.

Principle

The landlord's responsibility is not exhausted merely by delivering the property at the beginning of the tenancy.

There is a continuing obligation concerning maintenance and reasonable enjoyment.

Knowledge graph

Defect

→ maintenance obligation

→ landlord responsibility

→ failure to repair

→ interference with enjoyment

→ possible compensation/remedy

7. Case Law 2 — Leelans v Lontas

Leelans v Lontas [2022] DIFC SCT 290

The tenant complained about:

• bad odour from an AC unit;
• mould;
• lack of hot water; and
• other maintenance problems.

The lease expressly allocated major maintenance to the landlord and minor maintenance to the tenant. The Court found major maintenance to be the landlord's responsibility and concluded that the landlord had failed to address the root of continuing problems within a reasonable manner.

Important principle

A landlord may not satisfy the maintenance obligation merely by repeatedly sending technicians if the underlying problem remains unresolved.

This produces:

Complaint → attempted repair → recurring defect → root cause unresolved → continuing breach

8. Case Law 3 — Hathai v Hansel

Hathai v Hansel [2017] DIFC SCT 083

The case concerned a serious mould and bad-smell problem.

The contractual arrangement distinguished major and minor maintenance. Expert evidence showed that mould had spread into areas including the AC ducts.

The Court regarded the mould problem as major maintenance and found that failure to resolve it within a reasonable period constituted a breach of the tenancy arrangement.

The Court also considered whether the continuing non-performance was sufficiently serious to constitute fundamental non-performance under the applicable DIFC Contract Law.

Significance

This case demonstrates that health-affecting or substantial environmental defects may become legally significant when they interfere with the tenant's expected use of the premises.

9. Case Law 4 — Gert v Germaine

Gert v Germaine [2016] DIFC SCT 097

The dispute concerned a persistent sewage smell.

The lease expressly allocated major maintenance to the landlord. The Court concluded that resolving the sewage problem fell within the landlord's major-maintenance responsibility. The problem remained unresolved for a substantial part of the tenancy.

Principle

Where:

serious defect + landlord responsibility + continuing failure to repair

exist together, the landlord may be in breach of the lease.

Practical lesson

A landlord cannot ordinarily avoid responsibility simply by asserting that the problem originates in building management where the landlord has undertaken the relevant maintenance obligation.

10. Case Law 5 — Gamila v Gael

Gamila v Gael [2016] DIFC SCT 098

The tenancy agreement expressly stated that the landlord would be responsible for major maintenance and would rectify defects or faults affecting the tenant's use of the premises.

Significance

This case demonstrates the importance of the express contractual allocation of maintenance responsibility.

Therefore, a lawyer should not begin with a general assumption that every repair is automatically the landlord's responsibility.

The correct analysis is:

Lease wording

→ maintenance allocation

→ nature of defect

→ responsible party

→ notice

→ failure to repair

→ remedy

11. Case Law 6 — Litaf v Ledart

Litaf v Ledart [2022] DIFC SCT 357

The Court considered maintenance expenditure involving the AC chiller and ceiling and concluded that the relevant work was the landlord's responsibility under the applicable arrangement.

The Court also discussed the importance of a condition report.

A condition report is valuable because it establishes the property's condition at the beginning of the tenancy.

Principle

A properly documented starting condition helps distinguish:

pre-existing defect

from

tenant-caused damage

from

ordinary wear and tear.

12. Case Law 7 — Nazeem v Niamat

Nazeem v Niamat [2024] DIFC SCT 377

This case illustrates the reciprocal nature of landlord and tenant obligations.

The applicable leasing framework requires tenants to:

• take reasonable care;
• keep premises reasonably clean;
• notify landlords of damage as soon as practicable.

It also recognises that tenants are not responsible for damage caused by fair wear and tear or by the landlord's failure to perform obligations.

Principle

Habitability is not an unlimited one-sided landlord obligation.

The tenant also has duties concerning:

• care;
• notification;
• appropriate use;
• prevention of tenant-caused damage.

13. Case Law 8 — Nurjah v Nabyt

Nurjah v Nabyt [2023] DIFC SCT 426

The lease contained provisions allocating general maintenance arising from tenant misuse to the tenant.

The Court considered the contractual maintenance provisions and the condition in which the property was handed back.

Principle

The landlord's maintenance obligation does not normally transform tenant-caused damage into landlord liability.

Therefore:

ordinary wear and tear ≠ tenant damage ≠ structural defect

These categories must be separately analysed.

14. Landlord's Obligation to Deliver a Usable Property

The landlord's obligation begins before or at commencement of the tenancy.

Under Dubai Article 15, the landlord must hand over the property in a condition permitting the tenant's intended use.

The legal sequence is:

Lease concluded

↓

Property handed over

↓

Condition assessed

↓

Property suitable for intended use?

↓

If yes → tenancy continues normally.

If no → potential defect/breach remedies.

This is different from a defect that develops later.

15. Continuing Maintenance During the Tenancy

Maintenance is often a continuing obligation.

For example:

Day 1

AC works normally.

Month 8

AC develops a serious defect.

Tenant

Notifies landlord.

Landlord

Arranges inspection.

Inspection

Finds major component failure.

Landlord

Fails to repair for an unreasonable period.

The issue becomes:

not merely whether a defect exists, but whether the landlord fulfilled the continuing obligation to remedy it.

16. Notice to the Landlord

A tenant should normally notify the landlord promptly when a serious defect appears.

The notice should identify:

• location of defect;
• nature of defect;
• date discovered;
• photographs/videos;
• impact on use;
• previous complaints;
• requested repair;
• urgency;
• access arrangements.

This is especially important because the tenant may have difficulty proving that the landlord knew about the defect without documentary evidence.

17. Evidence in Maintenance Disputes

Useful evidence includes:

1. Lease agreement

Shows contractual maintenance allocation.

2. Handover report

Shows initial condition.

3. Photographs

Demonstrate physical defects.

4. Videos

Can demonstrate:

• leaks;
• AC failure;
• drainage problems;
• repeated malfunction.

5. WhatsApp/email correspondence

Can prove:

• notice;
• landlord knowledge;
• repair requests;
• promises;
• refusal or delay.

6. Expert report

Particularly important for:

• structural defects;
• mould;
• water damage;
• electrical problems;
• AC/chiller issues;
• health-related building conditions.

18. Habitability and Mould

Mould is particularly important because it may involve:

physical defect

health/safety concern

maintenance obligation

potential loss of enjoyment.

Hathai v Hansel and Leelans v Lontas demonstrate how DIFC courts have treated persistent mould problems as potentially significant maintenance failures where the landlord had the contractual responsibility to remedy them.

However, each dispute requires factual examination of:

• source of mould;
• cause;
• seriousness;
• duration;
• notice;
• tenant conduct;
• landlord response;
• expert evidence.

19. Habitability and Air Conditioning

In UAE residential leasing, air conditioning can be particularly significant because it may materially affect ordinary residential use.

The Nysa and Leelans decisions demonstrate that AC-related problems can fall within landlord maintenance obligations depending upon the lease and applicable legislation.

The legal analysis should ask:

1. Is the AC part of the leased premises?
2. What does the lease say?
3. Is the defect major or minor?
4. Did the tenant cause it?
5. Was the landlord notified?
6. How quickly did the landlord respond?
7. Did the repair actually solve the problem?

20. Habitability and Plumbing

Serious plumbing problems can affect the tenant's ability to use the premises.

Examples include:

• major leaks;
• sewage problems;
• blocked drainage;
• repeated flooding;
• defective water systems.

Gert v Germaine is particularly relevant because the persistent sewage smell was treated as a major-maintenance problem under the contractual allocation.

21. Landlord's Duty vs Tenant's Duty

22. Security Deposit

A security deposit should not automatically become a mechanism for charging the tenant for every repair.

The crucial distinction is:

Tenant-caused damage

Potentially deductible.

Ordinary wear and tear

Generally not chargeable as tenant damage.

Landlord's major maintenance

Generally landlord's responsibility where the law or lease places it on the landlord.

Pre-existing defect

Generally should not become the tenant's liability merely because it exists at the end of the tenancy.

The condition report is therefore highly useful in security-deposit disputes. Litaf v Ledart specifically emphasised its evidentiary value in avoiding disputes about the property's condition.

23. Landlord's Failure to Repair

If the landlord fails to discharge a maintenance obligation, possible legal consequences may include, depending upon the applicable law, contract and facts:

• order for repairs;
• damages;
• rent reduction;
• rescission/termination;
• compensation for proven loss;
• other appropriate judicial relief.

The current Civil Transactions Law expressly provides that where a defect deprives the tenant of enjoyment, the tenant may seek rescission or reduction of rent with compensation where appropriate.

24. Does Every Defect Make the Property Uninhabitable?

No.

The legal analysis should distinguish between:

Minor inconvenience

Example:

• one faulty light;
• cosmetic paint damage.

Material defect

Example:

• repeated water leakage;
• major AC failure;
• substantial plumbing failure.

Serious habitability problem

Example:

• significant mould;
• sewage contamination;
• serious structural danger;
• prolonged loss of essential services.

The legal consequence depends upon severity, duration, contractual allocation, causation, notice and evidence.

25. Contractual Allocation of Maintenance

The lease is extremely important.

A typical lease may say:

Major maintenance — landlord.

Minor maintenance below a specified amount — tenant.

The court will then examine:

contractual clause → actual defect → category of maintenance → responsible party.

Leelans v Lontas illustrates this approach, with the court examining the express contractual distinction between major and minor maintenance.

26. Can a Landlord Exclude Liability?

The answer depends on the applicable legislation and circumstances.

The current Civil Transactions Law contains a specific protection concerning defects: under Article 715, an agreement limiting or excluding the lessor's warranty against disturbance or defects is ineffective where the lessor fraudulently concealed the cause of the warranty.

Thus:

contractual exclusion

does not necessarily end the analysis.

The court may need to examine:

• nature of defect;
• knowledge;
• concealment;
• fraud;
• statutory protection;
• contractual language.

27. Landlord's Duty of Quiet Enjoyment

Maintenance is connected to another important concept:

Quiet enjoyment

The tenant should be able to enjoy the leased premises without unjustified interference.

Nysa v Norwood expressly connected the landlord's maintenance obligation with the landlord's obligation to take reasonable steps to ensure the tenant's quiet enjoyment.

Thus:

Maintenance

→ usable premises

→ reasonable enjoyment

→ performance of lease

28. Landlord Maintenance and Causation

The landlord is not necessarily responsible merely because a defect exists.

The causal question may be:

Who or what caused the defect?

For example:

Mould

Could result from:

• structural water penetration;
• defective AC;
• plumbing failure;
• inadequate ventilation;
• tenant behaviour.

The expert evidence may therefore be critical.

The correct reasoning is:

Defect → cause → responsible party → contractual/statutory obligation → loss → remedy.

29. Landlord Maintenance and Tenant Misuse

A tenant who causes damage through misuse may bear responsibility.

For example:

Tenant deliberately damages AC

→ tenant-caused damage

→ maintenance responsibility may shift to tenant.

But:

AC reaches end of useful life

→ ordinary deterioration

→ landlord responsibility may arise depending on applicable law/lease.

The distinction between misuse, fair wear and tear and landlord-maintenance defects is therefore central.

30. Current Civil Transactions Law: Defect-Based Remedies

Article 714 is particularly important for exam purposes.

Its structure can be remembered as:

Defect

↓

Prevents or substantially diminishes enjoyment

↓

Tenant may seek:

Rescission OR rent reduction

Compensation where damage is established

But:

Known/easily discoverable defect

↓

Potential limitation on landlord's warranty.

31. Dubai-Specific Rule

For Dubai residential/commercial leasing governed by Dubai tenancy legislation, Article 16 of Law No. 26 of 2007 is especially important:

Unless otherwise agreed, the landlord is responsible for maintenance and repairing defects or damage affecting intended use.

Therefore, the lawyer should always ask:

Is this a Dubai tenancy?

If yes, the analysis should not rely exclusively on general Civil Transactions Law provisions.

32. DIFC Must Be Analysed Separately

DIFC has its own leasing framework.

The cases above—Nysa, Leelans, Hathai, Gert, Gamila, Litaf and Nazeem—are DIFC authorities and should not automatically be presented as binding authorities for an onshore UAE tenancy dispute.

They are nevertheless useful for comparative reasoning concerning:

• habitability;
• maintenance;
• quiet enjoyment;
• major/minor repairs;
• mould;
• condition reports;
• tenant-caused damage.

This distinction is particularly important in UAE legal research.

33. Practical Example

Facts

A tenant rents a Dubai apartment.

Three months later:

• AC repeatedly stops;
• mould develops;
• water leaks into the bedroom;
• tenant sends WhatsApp complaints;
• landlord sends a technician twice;
• problem returns;
• landlord refuses major replacement.

Legal analysis

Lease

↓

Who bears major maintenance?

↓

Defect

↓

Does it materially affect intended residential use?

↓

Notice

↓

Did landlord know?

↓

Repair attempts

↓

Was the underlying cause actually repaired?

↓

Evidence

• WhatsApp;
• photographs;
• technician reports;
• expert report.

↓

Loss

↓

Possible remedy

The issue is therefore not simply:

“The AC is broken.”

It becomes:

A potentially substantial defect + landlord maintenance obligation + notice + failure to remedy + interference with enjoyment + proven loss.

34. Practical Checklist for Tenants

A tenant dealing with serious maintenance problems should preserve:

1. Lease agreement.
2. Handover/condition report.
3. Photographs at move-in.
4. Photographs after defect develops.
5. WhatsApp messages.
6. Emails.
7. Maintenance requests.
8. Technician reports.
9. Invoices.
10. Expert reports where necessary.
11. Evidence of temporary accommodation if relevant.
12. Evidence of financial loss.

35. Practical Checklist for Landlords

A landlord should:

1. Conduct proper handover inspection.
2. Maintain a condition report.
3. Clearly allocate major/minor maintenance.
4. Establish a maintenance-response process.
5. Keep repair records.
6. Respond promptly to serious complaints.
7. Investigate root causes.
8. Document tenant-caused damage.
9. Keep photographs and invoices.
10. Avoid treating ordinary wear and tear as tenant damage.
11. Maintain evidence of completed repairs.
12. Respect the tenant's contractual enjoyment.

36. Key Case-Law Summary

The DIFC decisions above are useful authorities for the principles they address, but their precedential status and statutory basis must be distinguished from mainland UAE tenancy disputes.

37. Exam-Oriented Legal Principles

Principle 1

A landlord's obligation can begin with proper delivery of the premises.

Principle 2

Maintenance may be a continuing obligation throughout the tenancy.

Principle 3

The lease is important in determining allocation of major and minor maintenance.

Principle 4

A serious defect affecting intended use may justify rent reduction, rescission and/or compensation, depending on the applicable law and proof.

Principle 5

The tenant must normally distinguish landlord defects from tenant-caused damage and ordinary wear and tear.

Principle 6

Notice is important because the landlord generally needs an opportunity to investigate and remedy the defect.

Principle 7

Persistent failure to resolve the underlying cause can be more significant than a temporary repair attempt.

Principle 8

Evidence such as condition reports, photographs, messages and expert reports can determine liability.

38. Conclusion

UAE landlord obligations concerning habitability and maintenance are based on a combination of statutory duties, contractual terms and judicial interpretation.

The central legal relationship can be summarised as:

Landlord

→ deliver usable premises

→ maintain premises as required by law/contract

→ repair qualifying defects

→ preserve tenant's intended use and enjoyment

while:

Tenant

→ use property properly

→ take reasonable care

→ notify landlord of defects

→ avoid tenant-caused damage.

Under the current Civil Transactions Law, a defect that prevents or substantially diminishes enjoyment can give rise to remedies including rescission or rent reduction, with compensation where justified. For Dubai, Article 16 of Law No. 26 of 2007 provides a particularly direct statutory maintenance rule unless the parties have agreed otherwise.

Quick Revision Formula

Habitability + Maintenance =

Proper Handover + Repair Obligation + Contractual Allocation + Notice + Causation + Evidence + Reasonable Enjoyment + Appropriate Remedy