When a tenant is evicted because the owner says he is moving in himself, or his next of kin by first degree, then the property cannot be rented out again for two years. Getty
When a tenant is evicted because the owner says he is moving in himself, or his next of kin by first degree, then the property cannot be rented out again for two years. Getty
When a tenant is evicted because the owner says he is moving in himself, or his next of kin by first degree, then the property cannot be rented out again for two years. Getty
When a tenant is evicted because the owner says he is moving in himself, or his next of kin by first degree, then the property cannot be rented out again for two years. Getty

UAE property: ‘How can I prove landlord has re-let house after evicting me?’


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Question: My landlord and I do not get along. Although I will be moving out of the property soon, I want to understand my rights as a tenant.

The landlord served me with a 12-month notarised eviction notice and I am abiding by it.

However, he owns many properties in the row I reside in and has often served his tenants with a notice to vacate, citing his intention to sell, and then proceeds to lease the unit to another family.

I am aware that I can approach the Rental Dispute Settlement Committee with evidence and that there will be some claim involved. What is the burden of proof required?

Also, the landlord gives the property as a gift to members of his family, to dodge the law, citing his alleged intention to sell. Do judges not see through this? JK, Dubai

Answer: The law states that when a tenant is evicted for the reason of the owner moving in himself, or his next of kin by first degree, then the property cannot be rented out again for a period of two years.

When the reason for eviction is the property sale, the law is silent on this point and people assume the “no rent for two years” rule also applies to this point.

Any outcome is entirely up to a presiding judge at the RDSC at the time of filing the case.

With reference to the burden of proof, this can take the form of any written confirmation, for example via WhatsApp, or a recording of a conversation, etc. If an Ejari contract can be presented as proof, this would be even better.

Regarding your landlord’s tactics or strategy, the fact that he owns a whole row of similar properties would be enough of a red flag for any judge.

But as the law is not set on precedent, each outcome is only determined by the presiding judge of the day.

Q: Our landlord served us with an eviction notice after negotiations over a potential rent increase failed.

He wanted to increase the rent in breach of the Real Estate Regulatory Agency’s calculator and also did not notify us 90 days before the expiry of the contract.

Therefore, we rejected his demand. He said that we either had to pay the rent increase or he would evict us. We declined again because this was a form of blackmail.

However, we told the landlord that we were willing to vacate the property after eight months because we are planning to leave Dubai.

He agreed on the condition that we would pay a rent increase now and again after a year. We declined as we didn’t feel it was a fair condition.

We signed the new rent contract on December 5, 2022, with the lease starting from December 10 last year and ending on December 9, 2023.

A few days later, we received an eviction notice signed by the landlord, which claimed that he wants to use the property himself.

Can the landlord evict us? We have the right to stay till December 9, based on the contract. Does he need to prove that he needs the property for his own use?

He owns one or more properties in Dubai. He now says that he wants his daughters to move in. We feel bullied. What can we do to stay in the property? NW, Dubai

A: Yearly negotiations with one’s landlord, especially when the market is rising, can be very stressful.

This is mainly due to two different points of view and the potential ignorance of the law.

That said, it is important to explain with facts what one party is allowed to do when it comes to rent increases.

While the law is clear when a landlord should serve the 12-month eviction notice to the tenant, it has been shown in the past that some judges at the RDSC have allowed landlords to serve the notice at any time.

The owner is entitled to serve this notice for use of himself or his first-degree next of kin. However, the landlord has the burden of proof to show that he does not own another suitable property that could be used for this purpose instead.

Therefore, if you feel that he is merely using this as an excuse to evict you, you can always file a case nearer the time, to force him to show proof of the same.

Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 39 years, in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to m.volpi@axcapital.ae

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MATCH INFO

Champions League quarter-final, first leg

Tottenham Hotspur v Manchester City, Tuesday, 11pm (UAE)

Matches can be watched on BeIN Sports

MO
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FIXTURES

UAE’s remaining fixtures in World Cup qualification R2
Oct 8: Malaysia (h)
Oct 13: Indonesia (a)
Nov 12: Thailand (h)
Nov 17: Vietnam (h)
 

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The specs

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GAC GS8 Specs

Engine: 2.0-litre 4cyl turbo

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Transmission: 8-speed auto

Fuel consumption: 9.1L/100km

On sale: Now

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The specs
  • Engine: 3.9-litre twin-turbo V8
  • Power: 640hp
  • Torque: 760nm
  • On sale: 2026
  • Price: Not announced yet
FIXTURES

Monday, January 28
Iran v Japan, Hazza bin Zayed Stadium (6pm)

Tuesday, January 29
UAEv Qatar, Mohamed Bin Zayed Stadium (6pm)

Friday, February 1
Final, Zayed Sports City Stadium (6pm)

57%20Seconds
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Stage 5 results

1 Tadej Pogacar (SLO) UAE Team Emirates 3:48:53

2 Alexey Lutsenko (KAZ) Astana Pro Team -

Adam Yates (GBR) Mitchelton-Scott - 

4 David Gaudu (FRA) Groupama-FDJ  0:00:04

5 Ilnur Zakarin (RUS) CCC Team 0:00:07

General Classification:

1 Adam Yates (GBR) Mitchelton-Scott 20:35:04

2 Tadej Pogacar (SlO) UAE Team Emirates 0:01:01

3 Alexey Lutsenko (KAZ) Astana Pro Team 0:01:33

4 David Gaudu (FRA) Groupama-FDJ 0:01:48

5 Rafał Majka (POL) Bora-Hansgrohe 0:02:11

The drill

Recharge as needed, says Mat Dryden: “We try to make it a rule that every two to three months, even if it’s for four days, we get away, get some time together, recharge, refresh.” The couple take an hour a day to check into their businesses and that’s it.

Stick to the schedule, says Mike Addo: “We have an entire wall known as ‘The Lab,’ covered with colour-coded Post-it notes dedicated to our joint weekly planner, content board, marketing strategy, trends, ideas and upcoming meetings.”

Be a team, suggests Addo: “When training together, you have to trust in each other’s abilities. Otherwise working out together very quickly becomes one person training the other.”

Pull your weight, says Thuymi Do: “To do what we do, there definitely can be no lazy member of the team.” 

SPECS
%3Cp%3E%3Cstrong%3EEngine%3A%3C%2Fstrong%3E%202-litre%204-cylinder%20turbo%0D%3Cbr%3E%3Cstrong%3EPower%3A%20%3C%2Fstrong%3E268hp%0D%3Cbr%3E%3Cstrong%3ETorque%3A%20%3C%2Fstrong%3E380Nm%0D%3Cbr%3E%3Cstrong%3EPrice%3A%20%3C%2Fstrong%3EFrom%20Dh208%2C000%0D%3Cbr%3E%3Cstrong%3EOn%20sale%3A%20%3C%2Fstrong%3ENow%0D%3Cbr%3E%3C%2Fp%3E%0A
Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
Ruwais timeline

1971 Abu Dhabi National Oil Company established

1980 Ruwais Housing Complex built, located 10 kilometres away from industrial plants

1982 120,000 bpd capacity Ruwais refinery complex officially inaugurated by the founder of the UAE Sheikh Zayed

1984 Second phase of Ruwais Housing Complex built. Today the 7,000-unit complex houses some 24,000 people.  

1985 The refinery is expanded with the commissioning of a 27,000 b/d hydro cracker complex

2009 Plans announced to build $1.2 billion fertilizer plant in Ruwais, producing urea

2010 Adnoc awards $10bn contracts for expansion of Ruwais refinery, to double capacity from 415,000 bpd

2014 Ruwais 261-outlet shopping mall opens

2014 Production starts at newly expanded Ruwais refinery, providing jet fuel and diesel and allowing the UAE to be self-sufficient for petrol supplies

2014 Etihad Rail begins transportation of sulphur from Shah and Habshan to Ruwais for export

2017 Aldar Academies to operate Adnoc’s schools including in Ruwais from September. Eight schools operate in total within the housing complex.

2018 Adnoc announces plans to invest $3.1 billion on upgrading its Ruwais refinery 

2018 NMC Healthcare selected to manage operations of Ruwais Hospital

2018 Adnoc announces new downstream strategy at event in Abu Dhabi on May 13

Source: The National

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Key developments

All times UTC 4

The biog

Year of birth: 1988

Place of birth: Baghdad

Education: PhD student and co-researcher at Greifswald University, Germany

Hobbies: Ping Pong, swimming, reading

 

 

Itcan profile

Founders: Mansour Althani and Abdullah Althani

Based: Business Bay, with offices in Saudi Arabia, Egypt and India

Sector: Technology, digital marketing and e-commerce

Size: 70 employees 

Revenue: On track to make Dh100 million in revenue this year since its 2015 launch

Funding: Self-funded to date

 

UFC%20FIGHT%20NIGHT%3A%20SAUDI%20ARABIA%20RESULTS
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6.30pm: The Madjani Stakes (PA) Group 3 Dh175,000 (Dirt) 1,900m

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7.40pm: Maiden (TB) Dh165,000 (D) 1,600m

8.15pm: Handicap (TB) Dh190,000 (D) 1,200m

8.50pm: Dubai Creek Mile (TB) Listed Dh265,000 (D) 1,600m

9.25pm: Handicap (TB) Dh190,000 (D) 1,600m

The National selections

6.30pm: Chaddad

7.05pm: Down On Da Bayou

7.40pm: Mass Media

8.15pm: Rafal

8.50pm: Yulong Warrior

9.25pm: Chiefdom

Ferrari 12Cilindri specs

Engine: naturally aspirated 6.5-liter V12

Power: 819hp

Torque: 678Nm at 7,250rpm

Price: From Dh1,700,000

Available: Now

360Vuz PROFILE

Date started: January 2017
Founder: Khaled Zaatarah 
Based: Dubai and Los Angeles
Sector: Technology 
Size: 21 employees
Funding: $7 million 
Investors: Shorooq Partners, KBW Ventures, Vision Ventures, Hala Ventures, 500Startups, Plug and Play, Magnus Olsson, Samih Toukan, Jonathan Labin

Director: Laxman Utekar

Cast: Vicky Kaushal, Akshaye Khanna, Diana Penty, Vineet Kumar Singh, Rashmika Mandanna

Rating: 1/5

Avengers: Endgame

Directors: Anthony Russo, Joe Russo

Starring: Robert Downey Jr, Chris Evans, Scarlett Johansson, Chris Hemsworth, Josh Brolin

4/5 stars 

Updated: May 09, 2023, 12:39 PM`