Question: I served my tenant with 12 months’ notice to vacate my property.
With three months remaining to vacate the apartment, he sent me an email and WhatsApp message that he intends to renew the rental lease by another year and at the existing rate.
Is this valid? What are my options? VM, Dubai
Answer: You say you gave your tenant 12 months' notice to vacate, but you did not mention the reason for eviction. This is important as it will determine how accurately I answer your question.
If the reason is for selling, technically speaking, and if you allow it, you can extend the tenancy despite the notice, in the event you have not sold the property yet.
If a buyer has been found and the new owner is an investor, they cannot evict the current tenant to then go ahead and re-let to someone else as this is not allowed.
If the buyer is an owner-occupier, it has been shown that some judges at the Rent Dispute Settlement Committee have requested the new owner to send their own 12-month notice to the tenant, rather than just holding on to the original eviction notice.
In the owner-occupier case, however, I would like to point out that this ruling is entirely up to the judge of the day, as some judges are now looking at original eviction notices as having more power than before. So, I stress that nobody can predict the outcome.
If you have requested the eviction for you to move in, then you can file a case to evict the tenant at the expiration of the notice.
If, however, you have changed your mind and are happy to allow the renewal of the tenancy agreement, you can change any part of the contract (if allowed) as long as you give 90 days’ notice of the changes from the date of the renewal.
You say that the tenant wants to renew at the same rate as last year, but if the Real Estate Regulatory Agency’s rental calculator states that increases are allowed and you have given him 90 days’ notice of the same, then you are entitled to the increases stated.
If you are outside the 90-day period and you are OK with the renewal, then no changes can be made and all the same terms and conditions as before would apply at this renewal.
Q: I am involved in a rental dispute with my landlord.
He owns two buildings in Dubai and has asked all his tenants to vacate the units as soon as possible.
Most rental contracts ended last year and all tenants have been following up with the landlord to renew their contracts.
However, he always gave us an excuse that the system was down and that the contracts would be renewed once the system was back online.
The real reason is that he was involved in a family dispute and the court had frozen all his transactions.
He called all tenants in January, asking us to vacate the apartments by the end of February and pay the pending rent amount in cash or face the risk of the courts getting involved. MK, Dubai
A: A landlord can only request the eviction of a tenant by giving 12 months’ notice for four main reasons.
These are: to sell it, to move into the property themselves or their next of kin to the first degree – and only if the landlord can prove they do not own another suitable property that they can move into instead – for reason of extensive modernisation that will prevent any tenant from living in the property while the works are carried out and, lastly, because it is being demolished.
The last two reasons require a technical report to back up the work needed.
Other than for these reasons, the landlord cannot refuse renewal if the tenant wants to renew the lease.
Obviously, there are other reasons that would lead to a tenant being evicted. These include, but are not limited to, non-payment of rent, noise nuisance, running a business from a residential property without a proper licence, subletting without the landlord's consent, and illegal or immoral activities.
For all these reasons, there is a different process that is finalised in less time than the 12 months’ notice.
I would suggest that you sit tight and do nothing. Let the landlord organise which eviction notices he says he will do via the courts.
At that point, you will at least understand what is actually going on. For now, it is just smoke and mirrors with no clarity.
Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 40 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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COMPANY PROFILE
Name: HyperSpace
Started: 2020
Founders: Alexander Heller, Rama Allen and Desi Gonzalez
Based: Dubai, UAE
Sector: Entertainment
Number of staff: 210
Investment raised: $75 million from investors including Galaxy Interactive, Riyadh Season, Sega Ventures and Apis Venture Partners
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Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
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Dirham Stretcher tips for having a baby in the UAE
Selma Abdelhamid, the group's moderator, offers her guide to guide the cost of having a young family:
• Buy second hand stuff
They grow so fast. Don't get a second hand car seat though, unless you 100 per cent know it's not expired and hasn't been in an accident.
• Get a health card and vaccinate your child for free at government health centres
Ms Ma says she discovered this after spending thousands on vaccinations at private clinics.
• Join mum and baby coffee mornings provided by clinics, babysitting companies or nurseries.
Before joining baby classes ask for a free trial session. This way you will know if it's for you or not. You'll be surprised how great some classes are and how bad others are.
• Once baby is ready for solids, cook at home
Take the food with you in reusable pouches or jars. You'll save a fortune and you'll know exactly what you're feeding your child.
The specs: 2018 Dodge Durango SRT
Price, base / as tested: Dh259,000
Engine: 6.4-litre V8
Power: 475hp @ 6,000rpm
Torque: 640Nm @ 4,300rpm
Transmission: Eight-speed automatic
Fuel consumption, combined: 7.7L / 100km
UAE currency: the story behind the money in your pockets
Benefits of first-time home buyers' scheme
- Priority access to new homes from participating developers
- Discounts on sales price of off-plan units
- 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
EA Sports FC 26
Publisher: EA Sports
Consoles: PC, PlayStation 4/5, Xbox Series X/S
Rating: 3/5
GAC GS8 Specs
Engine: 2.0-litre 4cyl turbo
Power: 248hp at 5,200rpm
Torque: 400Nm at 1,750-4,000rpm
Transmission: 8-speed auto
Fuel consumption: 9.1L/100km
On sale: Now
Price: From Dh149,900
COMPANY%20PROFILE%20
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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)
THE BIO
Ms Davison came to Dubai from Kerala after her marriage in 1996 when she was 21-years-old
Since 2001, Ms Davison has worked at many affordable schools such as Our Own English High School in Sharjah, and The Apple International School and Amled School in Dubai
Favourite Book: The Alchemist
Favourite quote: Failing to prepare is preparing to fail
Favourite place to Travel to: Vienna
Favourite cuisine: Italian food
Favourite Movie : Scent of a Woman
Tales of Yusuf Tadros
Adel Esmat (translated by Mandy McClure)
Hoopoe
COMPANY PROFILE
Name: Akeed
Based: Muscat
Launch year: 2018
Number of employees: 40
Sector: Online food delivery
Funding: Raised $3.2m since inception
The specs
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
On sale: December
Price: From Dh330,000 (estimate)
Honeymoonish
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How to help
Send “thenational” to the following numbers or call the hotline on: 0502955999
2289 – Dh10
2252 – Dh 50
6025 – Dh20
6027 – Dh 100
6026 – Dh 200
COMPANY PROFILE
Name: Kumulus Water
Started: 2021
Founders: Iheb Triki and Mohamed Ali Abid
Based: Tunisia
Sector: Water technology
Number of staff: 22
Investment raised: $4 million
Lexus LX700h specs
Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor
Power: 464hp at 5,200rpm
Torque: 790Nm from 2,000-3,600rpm
Transmission: 10-speed auto
Fuel consumption: 11.7L/100km
On sale: Now
Price: From Dh590,000
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CRICKET%20WORLD%20CUP%20QUALIFIER%2C%20ZIMBABWE%20
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Emergency phone numbers in the UAE
Estijaba – 8001717 – number to call to request coronavirus testing
Ministry of Health and Prevention – 80011111
Dubai Health Authority – 800342 – The number to book a free video or voice consultation with a doctor or connect to a local health centre
Emirates airline – 600555555
Etihad Airways – 600555666
Ambulance – 998
Knowledge and Human Development Authority – 8005432 ext. 4 for Covid-19 queries
Indoor cricket World Cup:
Insportz, Dubai, September 16-23
UAE fixtures:
Men
Saturday, September 16 – 1.45pm, v New Zealand
Sunday, September 17 – 10.30am, v Australia; 3.45pm, v South Africa
Monday, September 18 – 2pm, v England; 7.15pm, v India
Tuesday, September 19 – 12.15pm, v Singapore; 5.30pm, v Sri Lanka
Thursday, September 21 – 2pm v Malaysia
Friday, September 22 – 3.30pm, semi-final
Saturday, September 23 – 3pm, grand final
Women
Saturday, September 16 – 5.15pm, v Australia
Sunday, September 17 – 2pm, v South Africa; 7.15pm, v New Zealand
Monday, September 18 – 5.30pm, v England
Tuesday, September 19 – 10.30am, v New Zealand; 3.45pm, v South Africa
Thursday, September 21 – 12.15pm, v Australia
Friday, September 22 – 1.30pm, semi-final
Saturday, September 23 – 1pm, grand final
Paatal Lok season two
Directors: Avinash Arun, Prosit Roy
Stars: Jaideep Ahlawat, Ishwak Singh, Lc Sekhose, Merenla Imsong
Rating: 4.5/5
BMW M5 specs
Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor
Power: 727hp
Torque: 1,000Nm
Transmission: 8-speed auto
Fuel consumption: 10.6L/100km
On sale: Now
Price: From Dh650,000