Homefront: ‘Should I pay three months’ rent as penalty for breaking my contract early?’


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I used to live in the UAE but quit my job and left the country after suffering from a health problem. I terminated my UAE rent contract before returning to my home country for treatment.

But the landlord wants me to pay a penalty of three months’ rent. I paid one month’s rent and asked him to deduct the remaining penalty from my security deposit.

Since I currently don’t have a job and also suffer from health problems, I am short of money. Although I explained this to the landlord, he’s refusing to take my situation into consideration and has my rent cheques with him.

Can you advise me on what I can do? JF, Dubai

With reference to terminating a rental contract early, I would request you to read your tenancy agreement thoroughly to understand if it contains any clause that covers early termination.

If your contract has these provisions, then you must adhere to them to be released early from the agreement. However, if the contract does not have any provision for early termination, you will be at your landlord’s mercy to reach an agreement for the penalty amount.

If you are breaking the rent agreement early, the landlord is entitled to receive some form of compensation.

Your landlord is requesting a penalty amount of three months’ rent. However, this is not the industry norm. A penalty amount of one to two months’ rent is common practice within the industry now, so your landlord is being unreasonable.

Since you have already offered one month’s rent plus the deposit as compensation, this is a reasonable amount. However, you will need to get an agreement before moving on.

A penalty amount of one to two months’ rent is common practice within the industry now
Mario Volpi,
sales and leasing manager at Engel & Volkers

Try to resolve your differences and push to reach an agreement with the landlord by trying to meet face to face, if possible.

I own an apartment in an eight-storey mixed-use building in Dubai and live in it. When I and other residents moved into our units in October last year, we were told that the building was completed and the developer had a completion certificate from Dubai Municipality. They were able to transfer and register title deeds in our names.

In November, the developer started to build penthouses on the roof. The noise, disruption and damage to apartments on lower floors is significant.

When we raised a complaint, the developer and its in-house property management group told us that this is their prerogative. However, we were not sent a prior notification about the construction. What are the rules in this regard? EF, Dubai

Owners or tenants are entitled to move into a completed building only once the developer has all the correct paperwork in place. This includes approval from Dubai Municipality, Civil Defence and Dubai Land Department, among others. Utility connections such as air-conditioning and Dubai Electricity and Water Authority supply should also be in place.

If the developer starts construction activity on top of an existing building, this means it has received approval for it. Whether this approval was sought during the time of handover or was an afterthought, the developer cannot commence any work without obtaining consent from the relevant agencies.

Construction will obviously cause disruption and noise. However, there are rules that need to be adhered to. For instance, no building work can be carried out before 9am or after 6pm. But this is a small consolation, because any such work will still cause a disturbance.

If you were completely in the dark about this construction before buying your unit or at the point of handover, seek compensation directly from the developer.

The process of any compensation is likely to be long and laborious, but if you persevere you should be entitled to something because “quiet enjoyment” is a legal term attached to living in a property, whether for an owner-occupier or a tenant.

Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkers.com

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

BULKWHIZ PROFILE

Date started: February 2017

Founders: Amira Rashad (CEO), Yusuf Saber (CTO), Mahmoud Sayedahmed (adviser), Reda Bouraoui (adviser)

Based: Dubai, UAE

Sector: E-commerce 

Size: 50 employees

Funding: approximately $6m

Investors: Beco Capital, Enabling Future and Wain in the UAE; China's MSA Capital; 500 Startups; Faith Capital and Savour Ventures in Kuwait

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Labour dispute

The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.


- Abdullah Ishnaneh, Partner, BSA Law 

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Send “thenational” to the following numbers or call the hotline on: 0502955999
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UAE currency: the story behind the money in your pockets
West Indies v India - Third ODI

India 251-4 (50 overs)
Dhoni (78*), Rahane (72), Jadhav (40)
Cummins (2-56), Bishoo (1-38)
West Indies 158 (38.1 overs)
Mohammed (40), Powell (30), Hope (24)
Ashwin (3-28), Yadav (3-41), Pandya (2-32)

India won by 93 runs

The specs

Engine: four-litre V6 and 3.5-litre V6 twin-turbo

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Power: 271 and 409 horsepower

Torque: 385 and 650Nm

Price: from Dh229,900 to Dh355,000

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Price, base: Dh853,226

Engine: 4.0-litre twin-turbo V8

Transmission: Eight-speed automatic

Power: 550hp @ 6,000pm

Torque: 770Nm @ 1,960rpm

Fuel economy, combined: 11.4L / 100km

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50-man Royal Rumble - names entered so far include Braun Strowman, Daniel Bryan, Kurt Angle, Big Show, Kane, Chris Jericho, The New Day and Elias

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WWE World Heavyweight ChampionshipAJ Styles (champion) v Shinsuke Nakamura

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United States Championship Jeff Hardy (champion) v Jinder Mahal

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7pm: Sheikha Fatima bint Mubarak (IFAHR) Ladies World Championship (PA) Prestige Dh125,000 1,600m

Winner: Assyad, Victoria Larsen, Eric Lemartinel.

8pm: Sheikh Zayed bin Sultan Al Nahyan Jewel Crown (PA) Group 1 Dh5,000,000 1,600m

Winner: Mashhur Al Khalediah, Jean-Bernard Eyquem, Phillip Collington.

US tops drug cost charts

The study of 13 essential drugs showed costs in the United States were about 300 per cent higher than the global average, followed by Germany at 126 per cent and 122 per cent in the UAE.

Thailand, Kenya and Malaysia were rated as nations with the lowest costs, about 90 per cent cheaper.

In the case of insulin, diabetic patients in the US paid five and a half times the global average, while in the UAE the costs are about 50 per cent higher than the median price of branded and generic drugs.

Some of the costliest drugs worldwide include Lipitor for high cholesterol. 

The study’s price index placed the US at an exorbitant 2,170 per cent higher for Lipitor than the average global price and the UAE at the eighth spot globally with costs 252 per cent higher.

High blood pressure medication Zestril was also more than 2,680 per cent higher in the US and the UAE price was 187 per cent higher than the global price.

The specs: 2018 BMW X2 and X3

Price, as tested: Dh255,150 (X2); Dh383,250 (X3)

Engine: 2.0-litre turbocharged inline four-cylinder (X2); 3.0-litre twin-turbo inline six-cylinder (X3)

Power 192hp @ 5,000rpm (X2); 355hp @ 5,500rpm (X3)

Torque: 280Nm @ 1,350rpm (X2); 500Nm @ 1,520rpm (X3)

Transmission: Seven-speed automatic (X2); Eight-speed automatic (X3)

Fuel consumption, combined: 5.7L / 100km (X2); 8.3L / 100km (X3)

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Starring: Yonas Kibreab, Zoe Saldana, Brad Garrett

Directors: Madeline Sharafian, Domee Shi, Adrian Molina

Rating: 4/5

Know your Camel lingo

The bairaq is a competition for the best herd of 50 camels, named for the banner its winner takes home

Namoos - a word of congratulations reserved for falconry competitions, camel races and camel pageants. It best translates as 'the pride of victory' - and for competitors, it is priceless

Asayel camels - sleek, short-haired hound-like racers

Majahim - chocolate-brown camels that can grow to weigh two tonnes. They were only valued for milk until camel pageantry took off in the 1990s

Millions Street - the thoroughfare where camels are led and where white 4x4s throng throughout the festival

Updated: February 17, 2022, 4:30 AM`