Tim Elliott
Welcome to Lawgical, the UAE’s first and still the only regular legal podcast. My name’s Tim Elliott. I’m here with our expert, the managing partner of the Dubai-based legal firm, HPL Yamalova and Plewka, Ludmila Yamalova. Good to talk to you.
Ludmila Yamalova
Good to see you too, Tim.
Tim Elliott
This episode, we’re talking about weather, which makes me very comfortable as an English person—it’s what I know how to discuss. Last week’s unprecedented storm, we’re using that word again, led to the most rainfall in a single day in this region since records began 75 years ago. In some areas, over 250 millimeters was recorded in less than 24 hours. This, of course, led to flooding.
Cars had to be abandoned. Really tough times, Ludmila, for so many homeowners, tenants, and car owners. You’re okay though, aren’t you?
Ludmila Yamalova
Thankfully, yes, I am okay. Ironically enough, I live on the Palm Island, which is an artificial island and by some accounts, one of the wettest spots in Dubai. Yet, the Palm fared better than many other communities. Apart from some toppled trees and temporary flooding on the main roads, there were no major incidents or casualties. So, thankfully, under the circumstances, we made it out just fine.
Tim Elliott
It wasn’t like that for everyone. I just moved from one of the badly affected communities. I was fortunate, but we still spent the day mopping up water. There are so many aspects to this, Ludmila. So let’s talk about property damage caused by the storm and the ensuing floods, and the rights tenants have in these situations.
Ludmila Yamalova
Yes, indeed. Tenants’ rights under these circumstances depend on several factors: the extent and type of damage, and the specific conditions of their property or community.
For some tenants, the damage may involve only personal belongings, like furniture, carpets, art, and other assets within the property. For others, it may involve both personal belongings and structural property damage, like leaky windows or collapsed ceilings.
Tim Elliott
Yeah.
Ludmila Yamalova
And beyond personal belongings, structural damage could include blocked drains, ruined floors—whether hardwood or tiles—and other similar issues. In most cases, tenants may have experienced both types of damage: to their personal items and to the property itself. Additionally, some tenants may have been forced to move out temporarily because the property became uninhabitable. In severe cases, tenants may still be unable to return due to collapsed ceilings or broken windows. What tenants can do from here depends on which of these unfortunate situations they are in.
Tim Elliott
Regarding tenants’ personal belongings, what are their options?
Ludmila Yamalova
As a general rule, personal belongings are the tenant’s responsibility. No matter the cause of the damage, anything related to the tenant’s personal possessions is typically their responsibility. Most lease agreements in the UAE, at least the ones I’ve seen, include a specific provision that places responsibility for personal belongings on the tenant. In fact, many newer leases include a clause requiring tenants to obtain insurance for their personal belongings.
I even had a case about 12 years ago where a tenant tried to claim against a landlord for damage to personal belongings caused by a ceiling collapse. Even then, the lease specified that personal belongings were the tenant’s responsibility. Today, that provision is more common and often more robust, sometimes even making insurance an obligation for tenants.
Tim Elliott
Talk me through contents insurance or tenants’ insurance, as it’s not something many people bother with in the UAE, is it?
Ludmila Yamalova
Indeed. Contents insurance, also known as tenants’ insurance or renters’ insurance, is designed to protect renters and their assets. It applies to rented properties, whether an apartment or a house, and is specific to rental agreements.
Tim Elliott
What does contents insurance usually cover?
Ludmila Yamalova
Typically, contents insurance covers three main areas: personal property, additional living expenses, and liability. Personal property coverage protects a tenant’s belongings—furniture, clothing, electronics, appliances, carpets, art—against events like floods, fires, theft, and other natural disasters.
The second area, additional living expenses, covers costs if the rental property becomes uninhabitable due to a covered event, such as a flood. This could include hotel bills, extra food costs, and other expenses while living elsewhere temporarily.
The third area is liability coverage, which protects the tenant against claims or lawsuits for bodily injury or property damage caused by the tenant or household members. This coverage could help pay for legal fees, medical expenses, and damages awarded in a lawsuit.
Generally, renters’ insurance is quite affordable and offers valuable protection for tenants’ belongings and liability.
Tim Elliott
It’s interesting, as renters’ insurance hasn’t really caught on here in the UAE. Few people have it.
Ludmila Yamalova
True. We’ve covered this in past episodes, even doing a specific podcast on contents insurance. We highlighted its importance, especially given the uncertainties and challenges of bringing a case to court in the UAE. Insurance often provides a simpler, more efficient way to recover losses than pursuing a legal case. While I’m not affiliated with any insurance providers, I recommend tenants consider getting contents insurance as a legal practitioner.
Despite our warnings and the prevalence of rented properties in the UAE, contents insurance is still uncommon here, which is surprising given how affordable and accessible these policies are. There are plenty of providers, yet it’s not widely adopted.
Tim Elliott
Let’s talk about damage to a property itself. Who is responsible for fixing the structural damage, such as that caused by last week’s storm?
Ludmila Yamalova
Structural damage to the property—like leaky windows, collapsed ceilings, ruined tiles, or flooded driveways—is the landlord’s responsibility, not the tenant’s. This is because such damage relates to the property itself, and the obligations, as well as benefits like rent, are tied to the landlord’s ownership. For example, if a ceiling collapses from rain damage, it’s the landlord’s obligation to repair it.
Tim Elliott
What if a landlord refuses to fix the damage?
Ludmila Yamalova
If a landlord refuses, tenants can repair the damage themselves and then file a claim for reimbursement. This is well-established under UAE law. Tenants should provide written notice to the landlord, allowing time to respond and repair. If the landlord refuses, tenants can document the damage, retain their own contractor, and later seek reimbursement from the landlord, potentially through the Rental Disputes Center (RDC).
Tim Elliott
What if a tenant’s enjoyment of the property is compromised in the meantime?
Ludmila Yamalova
Depending on the situation, tenants may have a claim for reduced rent if only part of the property is usable. For example, if they can only use half the property, they could request to pay only half the rent for that period. If the property is entirely uninhabitable and they need alternative accommodation, they can seek compensation for those expenses from the landlord.
Tim Elliott
What about tenants who’ve had to move out completely and seek alternative accommodation?
Ludmila Yamalova
In that case, tenants have two options: they can either terminate the lease and seek reimbursement for the unused portion, or they can ask the landlord to cover the cost of temporary accommodation while the property is repaired.
If tenants can show that prior requests to repair certain issues were ignored by the landlord, they may have grounds for a stronger claim. If the landlord neglected known issues that led to additional damage, tenants could argue for higher compensation.
Tim Elliott
Claiming is one thing, but getting landlords to pay can be another. Don’t landlords have an excuse?
Ludmila Yamalova
Landlords may argue that this was a force majeure event. The storm and subsequent flooding could be considered a force majeure event, which might exempt landlords from fulfilling certain obligations.
Tim Elliott
Force majeure is a term we hear often in insurance contracts, but what does it mean legally?
Ludmila Yamalova
Force majeure refers to unforeseeable circumstances that prevent a party from fulfilling its obligations, providing them a legitimate excuse for non-performance. Here, landlords may argue that the storm was a natural disaster beyond their control, excusing them from responsibility.
Tim Elliott
What advice do you have for tenants moving forward?
Ludmila Yamalova
First, consider getting contents or renters’ insurance. There are various policies available in the UAE, and they’re usually affordable. Coverage can include personal belongings, temporary accommodation, and liability protection. Although a storm of this magnitude is rare, other incidents, like fire or flooding from an upstairs unit, happen more frequently.
Also, if you decide to take out insurance, ensure you understand the policy terms, keep a copy of the coverage, and don’t just rely on what agents say. Knowing what’s included is crucial.
Tim Elliott
It’s hard to overstate the importance of this. As someone once told me, insurance is a waste of money—until you need it. Final thoughts?
Ludmila Yamalova
Yes, two things. First, tenants should manage expectations and be prepared for landlords to claim force majeure as a defense. Secondly, if you own assets abroad, some international homeowners’ policies cover personal belongings worldwide, so it’s worth checking if any of your losses are covered under a policy in another country.
Tim Elliott
That’s Lawgical, this time covering tenants’ rights and options with regard to property damage caused by the recent UAE storm. Thanks as always to our legal expert, managing partner Ludmila Yamalova.
Ludmila Yamalova
Thank you, Tim. Always a pleasure.
Tim Elliott
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