I have a query on the rental law for issues arising between a landlord and tenant. Does a tenant have to give 90 days’ notice to the landlord for non-renewal of the tenancy contract when there is an ongoing dispute? If the tenant notifies the landlord about non-renewal 40 days before the contract ends, can the latter demand a penalty and deny issuing a no-objection certificate?
Can the landlord also stop the tenant from taking his possessions out from the building before the last date of the tenancy contract? Please advise. PA, Dubai
The government amended amended some parts of Law 26 of 2007 with Law 33 of 2008. This is the law that governs the relationship between landlords and tenants. It is the former law that did away with the need for tenants to give 90 days’ notice to landlords for non-renewal of their tenancy lease. So, irrespective if the tenant is presently in a dispute with the landlord, there is no need to give 90 days' notice. That said, if the rental contract states that 90 days’ notice is required for non-renewal, then the tenant must adhere to this clause.
When it comes to tenancy disputes, the presiding judge will decide what will take precedence – the rental agreement or the current law.
If the rental contract also states that a landlord can levy a penalty on the tenant for early termination, this also has to be adhered to, unless you have good reason to question it and enter into dialogue with the landlord about it.
Lastly, on the subject of removing items of furniture from the property, often this is only allowed when accompanied with a no-objection certificate from the landlord. This note has to be shown to the security of the development/project before moving items. Therefore, the key is to reach a mutual agreement with the landlord before making arrangements to move out.
Is an owners’ association allowed to charge current property owners with unpaid service charges payable by previous owners? The developer of the project issued a no-objection certificate for sale to the previous owner and the transaction was successfully completed at the Dubai Land Department.
It seems the developer collected reduced service charges from previous owners without obtaining approval from the Real Estate Regulatory Agency. The new OA, which is a sister company of the developer, has now requested Rera approval for higher service charges due over the previous years. The OA wants to collect the amount backdated by 10 years from current owners.
As far as I understand, this is not possible under civil law that dissociates different owners as separate legal entities. Hence, there is no inheritance of debt of any sort. Kindly confirm if this is correct. MK, Dubai
The OA management cannot backdate or charge current owners any unpaid service charges as there is no such thing as an inheritance of debt
Owners’ associations are non-profit organisations that manage jointly owned properties such as buildings and/or communities that have multiple title deeds. As an owner yourself, you have the right to access the OA’s written records concerning your property and the community.
You will be able to look at financial accounts, minutes of board meetings or general assembly meetings, insurance policies, the register of all contracts, the register of assets and the annual budget. In doing so, you will gain valuable information in order to help you going forward.
In answer to your question, you are correct that the OA management cannot backdate or charge current owners any unpaid service charges as there is no such thing as an inheritance of debt in these cases.
I advise you and other unit owners to collectively file a complaint at the Rera as the entity is responsible for approving service charges. You can state that your OA management is subscribing to unfair business practices.
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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A list of the animal rescue organisations in the UAE
The biog
First Job: Abu Dhabi Department of Petroleum in 1974
Current role: Chairperson of Al Maskari Holding since 2008
Career high: Regularly cited on Forbes list of 100 most powerful Arab Businesswomen
Achievement: Helped establish Al Maskari Medical Centre in 1969 in Abu Dhabi’s Western Region
Future plan: Will now concentrate on her charitable work
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The specs
Engine: 2.0-litre 4cyl turbo
Power: 261hp at 5,500rpm
Torque: 405Nm at 1,750-3,500rpm
Transmission: 9-speed auto
Fuel consumption: 6.9L/100km
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Brief scores
Day 1
Toss England, chose to bat
England, 1st innings 357-5 (87 overs): Root 184 not out, Moeen 61 not out, Stokes 56; Philander 3-46
Awar Qalb
Director: Jamal Salem
Starring: Abdulla Zaid, Joma Ali, Neven Madi and Khadija Sleiman
Two stars
Expert advice
“Join in with a group like Cycle Safe Dubai or TrainYAS, where you’ll meet like-minded people and always have support on hand.”
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“When you sweat a lot, you lose a lot of salt and other electrolytes from your body. If your electrolytes drop enough, you will be at risk of cramping. To prevent salt deficiency, simply add an electrolyte mix to your water.”
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Best Foreign Language Film nominees
Capernaum (Lebanon)
Cold War (Poland)
Never Look Away (Germany)
Roma (Mexico)
Shoplifters (Japan)
UEFA CHAMPIONS LEAGUE FIXTURES
All kick-off times 10.45pm UAE ( 4 GMT) unless stated
Tuesday
Sevilla v Maribor
Spartak Moscow v Liverpool
Manchester City v Shakhtar Donetsk
Napoli v Feyenoord
Besiktas v RB Leipzig
Monaco v Porto
Apoel Nicosia v Tottenham Hotspur
Borussia Dortmund v Real Madrid
Wednesday
Basel v Benfica
CSKA Moscow Manchester United
Paris Saint-Germain v Bayern Munich
Anderlecht v Celtic
Qarabag v Roma (8pm)
Atletico Madrid v Chelsea
Juventus v Olympiakos
Sporting Lisbon v Barcelona
Monster
Directed by: Anthony Mandler
Starring: Kelvin Harrison Jr., John David Washington
3/5
THE BIO:
Favourite holiday destination: Thailand. I go every year and I’m obsessed with the fitness camps there.
Favourite book: Born to Run by Christopher McDougall. It’s an amazing story about barefoot running.
Favourite film: A League of their Own. I used to love watching it in my granny’s house when I was seven.
Personal motto: Believe it and you can achieve it.
SHAITTAN
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Nepotism is the name of the game
Salman Khan’s father, Salim Khan, is one of Bollywood’s most legendary screenwriters. Through his partnership with co-writer Javed Akhtar, Salim is credited with having paved the path for the Indian film industry’s blockbuster format in the 1970s. Something his son now rules the roost of. More importantly, the Salim-Javed duo also created the persona of the “angry young man” for Bollywood megastar Amitabh Bachchan in the 1970s, reflecting the angst of the average Indian. In choosing to be the ordinary man’s “hero” as opposed to a thespian in new Bollywood, Salman Khan remains tightly linked to his father’s oeuvre. Thanks dad.
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Price: base / as tested: Dh382,000
Engine: 5.6-litre V8
Gearbox: Seven-speed automatic
Power: 428hp @ 5,800rpm
Torque: 560Nm @ 3,600rpm
Fuel economy, combined: 12.7L / 100km
Mubadala World Tennis Championship 2018 schedule
Thursday December 27
Men's quarter-finals
Kevin Anderson v Hyeon Chung 4pm
Dominic Thiem v Karen Khachanov 6pm
Women's exhibition
Serena Williams v Venus Williams 8pm
Friday December 28
5th place play-off 3pm
Men's semi-finals
Rafael Nadal v Anderson/Chung 5pm
Novak Djokovic v Thiem/Khachanov 7pm
Saturday December 29
3rd place play-off 5pm
Men's final 7pm
The Sky Is Pink
Director: Shonali Bose
Cast: Priyanka Chopra Jonas, Farhan Akhtar, Zaira Wasim, Rohit Saraf
Three stars
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The specs
Engine: 2.0-litre 4-cyl, 48V hybrid
Transmission: eight-speed automatic
Power: 325bhp
Torque: 450Nm
Price: Dh359,000
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MATCH INFO
Chelsea 1 (Hudson-Odoi 90 1')
Manchester City 3 (Gundogan 18', Foden 21', De Bruyne 34')
Man of the match: Ilkay Gundogan (Man City)
Abaya trends
The utilitarian robe held dear by Arab women is undergoing a change that reveals it as an elegant and graceful garment available in a range of colours and fabrics, while retaining its traditional appeal.
