My husband and I live in Dubai. We have a property in Abu Dhabi, which we rent out. It has come to our attention that the current tenant has made internal alterations to the property and turned it into a commercial venture, complete with advertising outside.
He did not ask our permission to do this. He maintains he has all the correct paperwork from the municipality, which allows such changes to be made (and said something about women having the right to work from home).
The developer's representatives have spoken to him and told him it is not permitted. Long story short, the developer is now giving us, as landlords, two weeks to reinstate the house or they will take criminal and civil proceedings against us.
We wish to sell the property but assume that we will require some form of NoC from the developer, which I imagine will not be forthcoming given the circumstances.
As we are in Dubai, we cannot go to Abu Dhabi at the moment. Is there anyone you could recommend who might be able to advise us about our options, if any? SF, Dubai
As you know, any material alteration to a property has to be approved by the developer and actions such as this from your tenant are not allowed without permission. Presumably, your tenant is also in breach of the tenancy agreement, so will have to reinstate the property back as before.
The developer is only exercising their right. However, they are using strong-arm tactics to force your hand by giving you just a two-week time frame to reinstate the property as before.
My advice is to speak to the tenants and get them to return the property as it was given, explaining that despite their so-called municipality permission, they are in breach of the tenancy contract.
If they refuse, you will have to file a case at the rental dispute committee located on Defence Street, Abu Dhabi (800 2353) to force them to comply. In the meantime, you should inform the developer of your actions. It is clear that this will take time, so the two-week deadline is not realistic.
The key to this is clear and frequent communication. I’m sure you want your property back as it was, so make it clear to the developer that you’re both on the same side.
With reference to the sale, you will need an NoC from the developer. However, given the current status, I suggest you sort out your internal issues first before going ahead and marketing your property. When all is back to normal and you have found a buyer, the NoC will be forthcoming.
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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Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek independent legal advice.
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Mohammed bin Zayed Majlis
Profile box
Founders: Michele Ferrario, Nino Ulsamer and Freddy Lim
Started: established in 2016 and launched in July 2017
Based: Singapore, with offices in the UAE, Malaysia, Hong Kong, Thailand
Sector: FinTech, wealth management
Initial investment: $500,000 in seed round 1 in 2016; $2.2m in seed round 2 in 2017; $5m in series A round in 2018; $12m in series B round in 2019; $16m in series C round in 2020 and $25m in series D round in 2021
Current staff: more than 160 employees
Stage: series D
Investors: EightRoads Ventures, Square Peg Capital, Sequoia Capital India
EMIRATES'S%20REVISED%20A350%20DEPLOYMENT%20SCHEDULE
Key facilities
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Key figures in the life of the fort
Sheikh Dhiyab bin Isa (ruled 1761-1793) Built Qasr Al Hosn as a watchtower to guard over the only freshwater well on Abu Dhabi island.
Sheikh Shakhbut bin Dhiyab (ruled 1793-1816) Expanded the tower into a small fort and transferred his ruling place of residence from Liwa Oasis to the fort on the island.
Sheikh Tahnoon bin Shakhbut (ruled 1818-1833) Expanded Qasr Al Hosn further as Abu Dhabi grew from a small village of palm huts to a town of more than 5,000 inhabitants.
Sheikh Khalifa bin Shakhbut (ruled 1833-1845) Repaired and fortified the fort.
Sheikh Saeed bin Tahnoon (ruled 1845-1855) Turned Qasr Al Hosn into a strong two-storied structure.
Sheikh Zayed bin Khalifa (ruled 1855-1909) Expanded Qasr Al Hosn further to reflect the emirate's increasing prominence.
Sheikh Shakhbut bin Sultan (ruled 1928-1966) Renovated and enlarged Qasr Al Hosn, adding a decorative arch and two new villas.
Sheikh Zayed bin Sultan (ruled 1966-2004) Moved the royal residence to Al Manhal palace and kept his diwan at Qasr Al Hosn.
Sources: Jayanti Maitra, www.adach.ae
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Inside%20Out%202
Our family matters legal consultant
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Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
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Labour dispute
The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.
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The flights
Return flights from Dubai to Santiago, via Sao Paolo cost from Dh5,295 with Emirates.
The trip
A five-day trip (not including two days of flight travel) was split between Santiago and in Puerto Varas, with more time spent in the later where excursions were organised by TurisTour.
When to go
The summer months, from December to February are best though there is beauty in each season