My landlord sent me a lease renewal notice 94 days before contract expiry, demanding a 47 per cent increase in rent to Dh250,000, from Dh170,000.
He also attached a Dubai Land Department (DLD) valuation certificate used for vacant properties. The document cited Dh250,000 as the rental value of his villa.
He claims this is the current rent I have to pay in accordance with the DLD valuation.
I told him that this was in breach of Decree Law No 43 of 2013 and not permissible.
My landlord sent me a follow-up email 80 days before contract expiry, stating that he was willing to raise my renewal rent by 20 per cent only to Dh200,000 if I agreed.
Is his revised renewal offer in breach of Law No 43 of 2013 and Law No 26 of 2007, as he tried to change the terms and conditions of my current lease agreement 80 days before renewal?
This strategy seems to be working as some people agree to the landlord’s rental renewal offer and pay whatever rent increase is suggested rather than filing a case with the Rental Dispute Settlement Committee (RDSC). Please advise. PC, Dubai
You are correct about the landlord wanting such high percentage increases and they are in breach of Decree Law 43 of 2013.
DLD valuation certificates are not currently tested in court and given the law in the UAE is not set on precedent, it is up to the presiding judge to decide how to use this evidence, if at all.
The important point to note is that the valuation quoted is for a vacant property. Your rented property is not vacant, so it doesn’t matter what the rental price valuation is because it cannot be deemed valid.
Rental prices have been increasing at a high rate for vacant properties. This is evident online through major property portals, so having a DLD valuation confirming these prices appears irrelevant.
Any changes to a contract have to be sent to all parties, giving 90 days’ notice. Your landlord’s revised offer falls after this window but it could be argued that he opened the subject of an increased rent within the allowed time.
I would suggest you inform the landlord to stick with what the Real Estate Regulatory Authority rental calculator states is allowed and this increase, if any, should be the basis of your renewed rental amount for your contract going forward.
Ultimately, it is up to the two parties to mutually decide whether this falls within or outside of what the law states is allowed.
I recently purchased a villa in Dubai to live in with my family. However, there is a lease valid on the villa for five months until December 27.
Can I send an eviction letter to the tenant to inform them that I don’t plan to renew the lease? Do I still have to send 12 months’ notice to vacate, according to the law? SW, Dubai
Although you bought the villa for your own use, the fact that there is a tenant in situ means you will have to follow set procedures and guidelines to gain vacant possession.
The law states that if you wish to use the villa for your own use or use by next of kin of first degree, you have to send the tenant a notification to vacate.
This document can only be sent via notary public or registered mail and has to give the tenant 12 months’ notice to leave.
This vacating notice should be sent to the tenant upon expiry of the tenancy agreement, that is, shortly before December 27, 2022. However, some judges at the RDSC have allowed the 12 months’ notice to be served at any time.
Therefore, you can send the notice any time from now, but will have to wait one year before being able to move in.
Alternatively, you can set up a meeting with the tenant — face-to-face is always better — to ask them what their intentions are beyond the end of the contract and also explain the reason why you bought the property in the first place.
It is possible to negotiate with your tenant or to offer them an incentive to request they move out by the end of the year. Both these options will ensure you have vacant possession but one will cost you time while the other could cost you money.
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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Honeymoonish
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Tearful appearance
Chancellor Rachel Reeves set markets on edge as she appeared visibly distraught in parliament on Wednesday.
Legislative setbacks for the government have blown a new hole in the budgetary calculations at a time when the deficit is stubbornly large and the economy is struggling to grow.
She appeared with Keir Starmer on Thursday and the pair embraced, but he had failed to give her his backing as she cried a day earlier.
A spokesman said her upset demeanour was due to a personal matter.
Essentials
The flights
Whether you trek after mountain gorillas in Rwanda, Uganda or the Congo, the most convenient international airport is in Rwanda’s capital city, Kigali. There are direct flights from Dubai a couple of days a week with RwandAir. Otherwise, an indirect route is available via Nairobi with Kenya Airways. Flydubai flies to Kinshasa in the Democratic Republic of Congo, via Entebbe in Uganda. Expect to pay from US$350 (Dh1,286) return, including taxes.
The tours
Superb ape-watching tours that take in all three gorilla countries mentioned above are run by Natural World Safaris. In September, the company will be operating a unique Ugandan ape safari guided by well-known primatologist Ben Garrod.
In the Democratic Republic of Congo, local operator Kivu Travel can organise pretty much any kind of safari throughout the Virunga National Park and elsewhere in eastern Congo.
Company profile
Name: Fruitful Day
Founders: Marie-Christine Luijckx, Lyla Dalal AlRawi, Lindsey Fournie
Based: Dubai, UAE
Founded: 2015
Number of employees: 30
Sector: F&B
Funding so far: Dh3 million
Future funding plans: None at present
Future markets: Saudi Arabia, potentially Kuwait and other GCC countries
Results
5pm: Maiden (PA) Dh80,000 (Turf) 2,200m, Winner: Zalman, Pat Cosgrave (jockey), Helal Al Alawi (trainer)
5.30pm: Maiden (PA) Dh80,000 (T) 1,600m, Winner: Hisham Al Khalediah II, Fernando Jara, Mohamed Daggash.
6pm: Handicap (PA) Dh85,000 (T) 1,600m, Winner: Qader, Adrie de Vries, Jean de Roualle
6.30pm: Abu Dhabi Championship Listed (PA) Dh180,000 (T) 1,600m, Winner: Mujeeb, Fabrice Veron, Eric Lemartinel
7pm: Wathba Stallions Cup Handicap (PA) Dh70,000 (T) 1,600m, Winner: AF Majalis, Tadhg O’Shea, Ernst Oertel
7.30pm: Handicap (TB) Dh90,000 (T) 1,600m, Winner: Shanaghai City, Fabrice Veron, Rashed Bouresly
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War
Director: Siddharth Anand
Cast: Hrithik Roshan, Tiger Shroff, Ashutosh Rana, Vaani Kapoor
Rating: Two out of five stars
Ant-Man and the Wasp
Director: Peyton Reed
Starring: Paul Rudd, Evangeline Lilly, Michael Douglas
Three stars
New UK refugee system
- A new “core protection” for refugees moving from permanent to a more basic, temporary protection
- Shortened leave to remain - refugees will receive 30 months instead of five years
- A longer path to settlement with no indefinite settled status until a refugee has spent 20 years in Britain
- To encourage refugees to integrate the government will encourage them to out of the core protection route wherever possible.
- Under core protection there will be no automatic right to family reunion
- Refugees will have a reduced right to public funds
The Birkin bag is made by Hermès.
It is named after actress and singer Jane Birkin
Noone from Hermès will go on record to say how much a new Birkin costs, how long one would have to wait to get one, and how many bags are actually made each year.
White hydrogen: Naturally occurring hydrogen
Chromite: Hard, metallic mineral containing iron oxide and chromium oxide
Ultramafic rocks: Dark-coloured rocks rich in magnesium or iron with very low silica content
Ophiolite: A section of the earth’s crust, which is oceanic in nature that has since been uplifted and exposed on land
Olivine: A commonly occurring magnesium iron silicate mineral that derives its name for its olive-green yellow-green colour
Pathaan
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5 of the most-popular Airbnb locations in Dubai
Bobby Grudziecki, chief operating officer of Frank Porter, identifies the five most popular areas in Dubai for those looking to make the most out of their properties and the rates owners can secure:
• Dubai Marina
The Marina and Jumeirah Beach Residence are popular locations, says Mr Grudziecki, due to their closeness to the beach, restaurants and hotels.
Frank Porter’s average Airbnb rent:
One bedroom: Dh482 to Dh739
Two bedroom: Dh627 to Dh960
Three bedroom: Dh721 to Dh1,104
• Downtown
Within walking distance of the Dubai Mall, Burj Khalifa and the famous fountains, this location combines business and leisure. “Sure it’s for tourists,” says Mr Grudziecki. “Though Downtown [still caters to business people] because it’s close to Dubai International Financial Centre."
Frank Porter’s average Airbnb rent:
One bedroom: Dh497 to Dh772
Two bedroom: Dh646 to Dh1,003
Three bedroom: Dh743 to Dh1,154
• City Walk
The rising star of the Dubai property market, this area is lined with pristine sidewalks, boutiques and cafes and close to the new entertainment venue Coca Cola Arena. “Downtown and Marina are pretty much the same prices,” Mr Grudziecki says, “but City Walk is higher.”
Frank Porter’s average Airbnb rent:
One bedroom: Dh524 to Dh809
Two bedroom: Dh682 to Dh1,052
Three bedroom: Dh784 to Dh1,210
• Jumeirah Lake Towers
Dubai Marina’s little brother JLT resides on the other side of Sheikh Zayed road but is still close enough to beachside outlets and attractions. The big selling point for Airbnb renters, however, is that “it’s cheaper than Dubai Marina”, Mr Grudziecki says.
Frank Porter’s average Airbnb rent:
One bedroom: Dh422 to Dh629
Two bedroom: Dh549 to Dh818
Three bedroom: Dh631 to Dh941
• Palm Jumeirah
Palm Jumeirah's proximity to luxury resorts is attractive, especially for big families, says Mr Grudziecki, as Airbnb renters can secure competitive rates on one of the world’s most famous tourist destinations.
Frank Porter’s average Airbnb rent:
One bedroom: Dh503 to Dh770
Two bedroom: Dh654 to Dh1,002
Three bedroom: Dh752 to Dh1,152
Our legal columnist
Name: Yousef Al Bahar
Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994
Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers
