I own an apartment in Dubai where I have had a tenant for two years and they are about to start their third year of tenancy.
In the second year of the lease, my tenant asked me not to increase the rent and I agreed. However, they made the same request this time around.
The Real Estate Regulatory Agency (Rera) rent calculator stipulates a permissible rent increase of between 13 per cent and 32 per cent for properties in the area.
I had added an addendum in the rental contract that a one-month notice needs to be served to make any changes in the terms and conditions of the agreement. The tenant had also signed this document.
I served notice for a 23 per cent rent increase 47 days before the contract expired.
However, my tenant has not agreed to the higher rent because he claims I did not serve 90 days’ notice before the lease expired. What do I do? IM, Dubai
There are two things to consider in your case: firstly, your contract and secondly, what the Dubai rental laws state.
Let’s consider your rental contract first. You have signed an agreement that outlines the agreed terms and conditions.
Because both of you agreed to the one-month period for any changes to the contract renewal and/or withdrawal of the agreement, this is fine to a point.
But if one of the parties (in this case your tenant) decides not to abide by what is agreed, the second point may come in to play: what the law states is allowed.
The fact that your contract goes against what the rental laws permit should not necessarily be a factor, given two parties agreed to it.
But when one of the parties change their mind, the alternative would be for the tenant (or you) to file a case at the Rental Dispute Settlement Committee (RDSC) to reach an agreement.
The judge at the RDSC will decide if your contract takes precedence or the law does. It really is a 50-50 scenario, so I cannot give you any guidance as to the likely outcome.
The same is true for the rental increase, which is allowed given what the Rera rental calculator states.
But it’s all about the timing of the notice. Once this is sorted, it will also determine whether you can proceed with the rental increase or not.
I live in a rented apartment in Dubai and am in the 11th month of the first 12-month contract.
As we had no communication about a rental increase within the 90-day period before renewal, we assumed the lease would be automatically renewed. When we inquired, we were told that a new landlord was buying the apartment.
However, the new landlord contacted us to say they are moving in and served us with a three-month eviction notice. This was via email.
Doesn’t the new landlord need to provide proof that he wants to live in the property or is he assuming in good faith that we will move out? BC, Dubai
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A rental contract automatically renews under the same terms and conditions as before if there is no communication between the parties to the contrary.
Assuming you want to renew the lease for the coming year and since the 90-day window of notice has passed, the landlord is obliged to renew under the same terms and conditions as before.
Even if the property is sold, the new owner takes over the property and your tenancy agreement as is and can only make alterations to the contract after serving 90 days’ notice from the renewal date.
If the new owner buys the property for his own use or use of his next of kin of first degree, then he must send you a 12-month eviction notice stating this reason. This notice must be sent via notary public or registered mail.
Therefore, you will be entitled to remain in the property for at least one more year at the same rent and on the same terms and conditions as before.
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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Next time when procastinating online remember that you can save thousands on paying for a personal trainer and a gym membership simply by watching YouTube videos and keeping up with the latest health tips and trends.
As social media apps are becoming more and more consumed by health experts and nutritionists who are using it to awareness and encourage patients to engage in physical activity.
Elizabeth Watson, a personal trainer from Stay Fit gym in Abu Dhabi suggests that “individuals can use social media as a means of keeping fit, there are a lot of great exercises you can do and train from experts at home just by watching videos on YouTube”.
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What can victims do?
Always use only regulated platforms
Stop all transactions and communication on suspicion
Save all evidence (screenshots, chat logs, transaction IDs)
Report to local authorities
Warn others to prevent further harm
Courtesy: Crystal Intelligence
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Marie Byrne, a counsellor who volunteers at the UAE government's mental health crisis helpline, said the ordeal the crew had been through would take time to overcome.
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Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
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Some of Darwish's last words
"They see their tomorrows slipping out of their reach. And though it seems to them that everything outside this reality is heaven, yet they do not want to go to that heaven. They stay, because they are afflicted with hope." - Mahmoud Darwish, to attendees of the Palestine Festival of Literature, 2008
His life in brief: Born in a village near Galilee, he lived in exile for most of his life and started writing poetry after high school. He was arrested several times by Israel for what were deemed to be inciteful poems. Most of his work focused on the love and yearning for his homeland, and he was regarded the Palestinian poet of resistance. Over the course of his life, he published more than 30 poetry collections and books of prose, with his work translated into more than 20 languages. Many of his poems were set to music by Arab composers, most significantly Marcel Khalife. Darwish died on August 9, 2008 after undergoing heart surgery in the United States. He was later buried in Ramallah where a shrine was erected in his honour.
Disclaimer
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Rating: 4/5
UAE currency: the story behind the money in your pockets