ADGM residential lease law places clear, non-waivable maintenance obligations on landlords. Section 56 covers structure to MEP. Section 59(4) absolutely prohibits utility cutoffs. Section 57 restricts access to named permitted purposes only. Tenants who know these rules have powerful remedies. Landlords who ignore them face Court orders, damages, and lease termination claims.
1. The landlord's absolute maintenance duty
Section 56 is non-excludable — it cannot be varied out by the lease agreement. The lessor is responsible for maintaining all of the following in good repair and safe working order throughout the lease term:
| Category | What is included |
|---|---|
| Structure | Load-bearing walls, floors, ceilings, roof, foundations |
| Façade | External cladding, balcony structures, external finishes |
| Doors and windows | All external and internal doors, window frames, glazing, locks |
| Air conditioning | All AC units, ducting, fan coil units, condensers — not just central plant |
| Ventilation | Mechanical ventilation systems, exhaust fans |
| Utilities infrastructure | Water supply pipes, electrical wiring to unit, gas lines |
| MEP systems | Mechanical, electrical, and plumbing — all building services |
The test is fitness for residential occupation throughout the tenancy — not just on the day of handover. A landlord who delivers a unit in working order but fails to maintain it is in breach from the moment of failure. The tenant's duty is limited to keeping the property clean and not causing damage. Normal ageing — fair wear-and-tear — is the landlord's responsibility.
2. Reporting requirement — written notice is essential
Section 56(2) requires the tenant to notify the landlord in writing of any repair that requires attention. This notification requirement serves two purposes: it triggers the landlord's obligation to act, and it creates the evidence record for any subsequent dispute or self-help claim. Oral notifications — phone calls, WhatsApp messages — are inadequate. Written notice, by email to the landlord's address for service in the lease, is the minimum.
- Send written notice immediately on identifying a repair need
- Describe the defect specifically — not "the AC is broken" but "the fan coil unit in the master bedroom has stopped producing cold air since 15 May 2026"
- State the urgency — emergency repairs require same-day response
- Request confirmation of the landlord's intended timeframe
- Keep a copy of the notice and proof of delivery
3. Tenant self-help — the AED 5,000 threshold
If the landlord is unreachable or refuses to act within a reasonable time, the tenant may arrange urgent repairs directly. The AED 5,000 threshold determines the process:
| Repair cost | Tenant right | Landlord consent needed? |
|---|---|---|
| ≤ AED 5,000 | Arrange + bill landlord directly | No — proceed without consent |
| > AED 5,000 | Arrange only with prior written consent | Yes — written consent required |
4. Utility disconnection — absolute prohibition
Section 59(4) creates an absolute prohibition: a landlord cannot disconnect, interrupt, or interfere with utilities supplied to a tenant's unit as a means of pressuring the tenant to pay rent, vacate the property, or do anything else. This prohibition applies regardless of whether the tenant is in breach of the lease. The landlord's remedy for non-payment is the Court process under section 63 — not utility cutoff.
Tenant remedies if utilities are cut:
- Seek urgent injunction from ADGM Courts to restore utility supply immediately
- Serve 30-day written cure notice on landlord under section 62(1)(d)
- If not remedied in 30 days, terminate the lease without Court order
- Claim damages for the period of disconnection — including alternative accommodation costs, business losses, health impacts
- If utilities were restored under protest, document and preserve the claim
5. Utility payment obligations
Section 59 requires the lease to specify who is responsible for paying each utility. If the lease is silent, the default is that the lessor pays. For non-metered shared services, the lessee pays a fair proportion. If the landlord fails to pay a utility that the lease assigns to the landlord, the tenant can pay directly and set it off against the next rent payment. (s.59(3)) This is the correct route — not withholding rent for unrelated reasons.
6. Service charge obligations
Under section 58, the default position is that the landlord pays community and building service charges. If the landlord fails to pay service charges, the tenant can pay them directly and set off against rent, or sue for the amount as a debt if rent is prepaid. The OA cannot pursue the tenant for the landlord's SC arrears in the absence of an express lease provision.
7. Access — permitted purposes only
Section 57 limits the landlord's access rights to specific purposes, each requiring reasonable prior written notice:
| Permitted purpose | Notice required | Exception |
|---|---|---|
| Repairs and maintenance | Reasonable prior written notice | Genuine emergency |
| Re-letting viewings | Reasonable prior written notice | Only during last 30 days of term |
| Sale viewings | Reasonable prior written notice | None |
| Valuation inspection | Reasonable prior written notice | None |
Random inspections, surveillance visits, or access for any purpose not listed above are not permitted. A landlord who enters without notice or consent commits a trespass and may be subject to a Court injunction.
8. Tenant remedies for repair failure
- Written notice → reasonable time to remedy (urgent matters: immediate; non-urgent: 7-14 days)
- Self-help for costs ≤AED 5,000 → recover as debt or set off against rent
- Costs >AED 5,000 → obtain written consent; if refused, serve 30-day cure notice under s.62(1)(d)
- After 30-day cure notice unheeded → terminate without Court order (s.62(1)(d))
- Property uninhabitable → terminate immediately under s.62(1)(e) — no 30-day notice required
- In all cases, claim damages for breach — loss of amenity, alternative accommodation, business losses
- Combine with deposit claim if landlord has wrongly retained deposit
This article is for general information only and does not constitute legal advice. For advice on a specific ADGM real property matter, please contact us. Last updated: 19 May 2026.