Question: A few days ago, my property manager messaged me to say that he did not intend to renew my lease, which will expire in two months' time.
The reason he cited was my child playing in the corridor and causing a disturbance for other residents.
Is he entitled to do this? I have been renting this apartment for three years and have never been late in paying my rent. AM, Dubai
Answer: The fact is that if you or a member of your household is breaking community rules, this could lead to your eviction if the nuisance does not stop.
I do not know whether playing in the corridor or causing a disturbance this way is justified.
I think it is a bit harsh. Having said this, I suggest you reach some sort of compromise with the property management to continue with your lease.
Technically speaking, a landlord cannot refuse to re-let a property to an existing tenant as long as they abide by the terms and conditions of the tenancy agreement.
That is why you need to seek a solution for your situation. During the cooler months, your child can play outside but it is during the hot summer months that he/she needs to, perhaps, stay indoors.
Are there any clubs for children nearby that can accommodate you, or any friends who could help out? All these need to be checked before offering a solution.
If the property management does not listen, you can file a case before the Rent Dispute Settlement Committee.
A judge will decide if the property management company's decision to not allow you to renew your tenancy is unfair.
Q: I signed a 13-month lease in Abu Dhabi in October with six cheques and one month free. The first cheque covered three months, then the rest were in two-month periods.
We are breaking the lease as I have moved to Saudi Arabia and my family is heading back to the UK.
We have paid the two-month penalty of Dh24,167 ($6,580) ahead of moving out on July 10.
The most expensive villa sold in Dubai – in pictures
But the property management company is demanding that we pay another month’s rent or they will not return the last two cheques.
We paid the previous cheque in May and have asked them to return the outstanding cheques for July and September.
They argue that the May cheque does not cover the period until July 10 because the free month should not be factored in.
They also claim that the two-month penalty should be based on the 12-month daily rate and not 13 months. Does this mean I have overpaid the penalty?
I need the cheques back to close my bank account and leave the country properly, but there is nothing in our agreement stating that the cheques cover earlier periods rather than the periods of time between payments.
I am being asked to pay an additional Dh11,000 more, failing which I cannot leave. IO, Abu Dhabi
A: As I see it, this dispute could go on and on and I am sure that if you were to ask 10 people their opinion, you might get differing answers.
My advice to you is to be more strategic and pay the amount to ensure your cheques are returned, but do so under a “without prejudice” stance.
This way, you can continue to seek justice and/or order afterwards at your leisure from Saudi Arabia.
The alternative would be delays in closing the account and unnecessary stress.
For what it is worth, my understanding of the free month is that it is normally taken at the end of the tenancy period and not during it.
So, technically, they are probably correct in their assumption that you do need to make one more payment.
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
Suggested picnic spots
Abu Dhabi
Umm Al Emarat Park
Yas Gateway Park
Delma Park
Al Bateen beach
Saadiyaat beach
The Corniche
Zayed Sports City
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Kite Beach
Zabeel Park
Al Nahda Pond Park
Mushrif Park
Safa Park
Al Mamzar Beach Park
Al Qudrah Lakes
Benefits of first-time home buyers' scheme
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- Flexible payment plans from developers
- Mortgages with better interest rates, faster approval times and reduced fees
- DLD registration fee can be paid through banks or credit cards at zero interest rates
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Sri Lanka-India Test series schedule
- 1st Test India won by 304 runs at Galle
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ELIO
Starring: Yonas Kibreab, Zoe Saldana, Brad Garrett
Directors: Madeline Sharafian, Domee Shi, Adrian Molina
Rating: 4/5
The burning issue
The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.
Read part four: an affection for classic cars lives on
Read part three: the age of the electric vehicle begins
Read part one: how cars came to the UAE
From exhibitions to the battlefield
In 2016, the Shaded Dome was awarded with the 'De Vernufteling' people's choice award, an annual prize by the Dutch Association of Consulting Engineers and the Royal Netherlands Society of Engineers for the most innovative project by a Dutch engineering firm.
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T20 World Cup Qualifier, Muscat
UAE FIXTURES
Friday February 18: v Ireland
Saturday February 19: v Germany
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Tuesday February 22: semi-finals
Thursday February 24: final
Abu Dhabi card
5pm: Handicap (TB) Dh100,000 2,400m
5.30pm: Wathba Stallions Cup Handicap (PA) Dh 70,000 2,200m
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6.30pm: Abu Dhabi Colts Classic Prestige (PA) Dh110,000 1,400m
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7.30pm: Maiden (PA) Dh80,000 1,600m
The National selections:
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2pm: Maiden (TB) Dh60,000 (Dirt) 1,200m, Winner: Mouheeb, Tom Marquand (jockey), Nicholas Bachalard (trainer)
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4pm: Maiden (TB) Dh60,000 (D) 1,600m, Winner: Dark Of Night. Antonio Fresu, Al Muhairi.
4.30pm: Handicap (TB) Dh68,000 (D) 1,600m, Winner: Habah, Pat Dobbs, Doug Watson
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Results
International 4, United States 1
Justin Thomas and Tiger Woods (US) beat Marc Leishman and Joaquin Niemann (International) 4 and 3.
Adam Hadwin and Sungjae Im (International) beat Xander Schauffele and Patrick Cantlay (US) 2 up.
Adam Scott and Byeong Hun An (International) beat Bryson DeChambeau and Tony Finau (US) 2 and 1.
Hideki Matsuyama and C.T. Pan (International) beat Webb Simpson and Patrick Reed (US) 1 up.
Abraham Ancer and Louis Oosthuizen (International) beat Dustin Johnson and Gary Woodland (US) 4 and 3.
