There is no income or capital gains tax payable on any number of properties an investor buys, rents or sells, making it simpler to calculate a return. Pawan Singh / The National
There is no income or capital gains tax payable on any number of properties an investor buys, rents or sells, making it simpler to calculate a return. Pawan Singh / The National

Tenancy laws need a review to attract more UAE buy-to-let investors



My back-of-the-envelope calculation for the case of investing in a home in the UAE is very strong if you are going to occupy it yourself, and have at least a five-year time horizon as an expatriate with sufficient salary for a mortgage.

But I am not entirely convinced by the argument for local residential property as an investment class, or buy-to-let. That is unless you are focused on a likely, but uncertain, future capital gain rather than rental income.

This is because UAE law is currently rather too slanted against the economic interests of the investor, in other words, the landlord.

Now it is true landlords can take advantage of tenants from time-to-time, raise rents when they are allowed to by law and sometimes when they are not, and occasionally evict a tenant for nefarious reasons.

However, if landlords are unduly restricted in the way they run what is actually a business and not a social service, then that will inevitably backfire: there will be less investors prepared to risk their capital in rental housing. In extremis, tenants would not have any homes to rent.

Dubai landlords have two major complaints: rent rises are controlled by a published table of allowable increases that usually lag behind the market rate, while tenants can demand an instant cut in rent whenever the market falls. And obtaining vacant possession of an apartment or villa with a tenant can be a lengthy and tedious process.

To do this landlords must issue an official eviction notice giving the tenant 12 months' notice. This will also have to be from the next annual contract renewal date, so in practice it can be almost two years.

By contrast a tenant can leave at anytime with a far shorter notice period, usually two or three months.

Furthermore, it is not enough for repossession that a landlord simply wants their freehold property back. They have to prove that its return is either for their own use, or that the property will be sold.

There are stiff penalties if the landlord is found cheating the rules to repossess what is actually in law their freehold property. It is, of course, harder to sell a property without vacant possession, for obvious reasons.

The situation could be far worse though. Woe betide an investor in French rental property who wants to evict a family with young children. Be prepared for a lot of legal work and a very uncertain outcome.

______

Read more from Peter Cooper:

Will new residency and company ownership rules raise UAE house prices? 

Why every long-term expat should buy a property in the UAE

What makes Dubai's real estate market of today so different from 2008

______

Actions of the concerned authorities do have an important impact on local real estate investment; it is not just a matter of doing what is fair for tenants. The landlord actually makes this process possible.

Rebalancing these rules and regulations could make sense. Abu Dhabi removed rent control some years back, for example, and that was a success in terms of increasing investor interest in the UAE’s capital city.

Perhaps the much larger freehold market in Dubai would benefit from similar treatment.

A friend of mine recently went to New York to wind up the estate of a deceased aunt whose apartment boasted fantastic views over Central Park. I think he was hoping to inherit it but it turned out to be a rent-controlled apartment costing US$1,000 (Dh3,673) a month, a quarter of the market rate. The old lady who died was 99 and her original landlord was long dead.

Any property law that allows a tenant to hang onto a property for a long time at a low rent do not benefit investors.

I know of a former tenant in Dubai that once rented an apartment in The Greens during the recession of 2010 and stayed for five years.

The way that the Rera rental index lags behind the market meant that by the time he finally decided to leave due to redundancy he was paying 30 per cent less than the market rate. Great for the tenant, but what about the investor that owned the apartment? Their rate-of-return was much lower due to the managed rather than free market. Will such investors decide against buying real estate in Dubai?

The answer depends on the alternatives. The clampdown on the UK buy-to-let sector in recent years does not make that such an attractive option now. Some Asian real estate investment trusts might be a better deal.

However, would-be Dubai real estate investors do have some other special advantages to take into account. There is no income or capital gains tax payable on any number of properties that you own, rent or sell.

This makes it much simpler for real estate investors to calculate their return than in many other cities and it offsets some of the downside of rent control and tough repossession regulations.

But I would not say the life of a UAE real estate investor is necessarily happy.

Since January 1, there has been 5 per cent VAT on community fees and maintenance that you can no longer recoup from rents, while rents and house prices are falling across the board.

Dealing with estate agents and tenants in a market with 160 or more nationalities is not easy either, and tenants can also be very demanding. They often treat the landlord like a 24/7 hotel concierge rather than a property investor. Villas tend to be more problematic than apartments because they have more maintenance issues.

What happens when a tenant breaks something in the villa and demands an instant repair job from the landlord under the terms of the lease? Do you just pay up and arrange it, or sue them for breach of contract under duty of care? How do you prove such negligence? But these are universal problems.

As an old friend once said: "You can only deal with so many boilers blowing up in the middle of the night!"

And finally with rental yields running at record lows around the world, why would you put your hard-earned capital at downside risk in an investment with so much hassle attached?

Well, future capital gains when you ultimately sell your property could more than compensate for all these problems. That may be the best reason for becoming a landlord in the UAE.

Peter Cooper has been writing about finance in the Gulf for more than 20 years

THE SPECS

Touareg Highline

Engine: 3.0-litre, V6

Transmission: 8-speed automatic

Power: 340hp

Torque: 450Nm

Price: Dh239,312

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
THE DETAILS

Solo: A Star Wars Story

Dir: Ron Howard

Starring: Alden Ehrenreich, Emilia Clarke, Woody Harrelson

3/5

Liverpool’s fixtures until end of 2019

Saturday, November 30, Brighton (h)

Wednesday, December 4, Everton (h)

Saturday, December 7, Bournemouth (a)

Tuesday, December 10, Salzburg (a) CL

Saturday, December 14, Watford (h)

Tuesday, December 17, Aston Villa (a) League Cup

Wednesday, December 18, Club World Cup in Qatar

Saturday, December 21, Club World Cup in Qatar

Thursday, December 26, Leicester (a)

Sunday, December 29, Wolves (h)

'Worse than a prison sentence'

Marie Byrne, a counsellor who volunteers at the UAE government's mental health crisis helpline, said the ordeal the crew had been through would take time to overcome.

“It was worse than a prison sentence, where at least someone can deal with a set amount of time incarcerated," she said.

“They were living in perpetual mystery as to how their futures would pan out, and what that would be.

“Because of coronavirus, the world is very different now to the one they left, that will also have an impact.

“It will not fully register until they are on dry land. Some have not seen their young children grow up while others will have to rebuild relationships.

“It will be a challenge mentally, and to find other work to support their families as they have been out of circulation for so long. Hopefully they will get the care they need when they get home.”

UAE tour of the Netherlands

UAE squad: Rohan Mustafa (captain), Shaiman Anwar, Ghulam Shabber, Mohammed Qasim, Rameez Shahzad, Mohammed Usman, Adnan Mufti, Chirag Suri, Ahmed Raza, Imran Haider, Mohammed Naveed, Amjad Javed, Zahoor Khan, Qadeer Ahmed
Fixtures:
Monday, 1st 50-over match
Wednesday, 2nd 50-over match
Thursday, 3rd 50-over match

RESULT

Manchester United 2 Tottenham Hotspur 1
Man United: Sanchez (24' ), Herrera (62')
Spurs: Alli (11')

What is hepatitis?

Hepatitis is an inflammation of the liver, which can lead to fibrosis (scarring), cirrhosis or liver cancer.

There are 5 main hepatitis viruses, referred to as types A, B, C, D and E.

Hepatitis C is mostly transmitted through exposure to infective blood. This can occur through blood transfusions, contaminated injections during medical procedures, and through injecting drugs. Sexual transmission is also possible, but is much less common.

People infected with hepatitis C experience few or no symptoms, meaning they can live with the virus for years without being diagnosed. This delay in treatment can increase the risk of significant liver damage.

There are an estimated 170 million carriers of Hepatitis C around the world.

The virus causes approximately 399,000 fatalities each year worldwide, according to WHO.

 

Specs

Engine: 2-litre

Transmission: Eight-speed automatic

Power: 255hp

Torque: 273Nm

Price: Dh240,000

Brief scores:

​​​​​​Toss: Pakhtunkhwa Zalmi, chose to field

​Environment Agency: 193-3 (20 ov)
Ikhlaq 76 not out, Khaliya 58, Ahsan 55

Pakhtunkhwa Zalmi: 194-2 (18.3 ov)
Afridi 95 not out, Sajid 55, Rizwan 36 not out

Result: Pakhtunkhwa won by 8 wickets

How England have scored their set-piece goals in Russia

Three Penalties

v Panama, Group Stage (Harry Kane)

v Panama, Group Stage (Kane)

v Colombia, Last 16 (Kane)

Four Corners

v Tunisia, Group Stage (Kane, via John Stones header, from Ashley Young corner)

v Tunisia, Group Stage (Kane, via Harry Maguire header, from Kieran Trippier corner)

v Panama, Group Stage (Stones, header, from Trippier corner)

v Sweden, Quarter-Final (Maguire, header, from Young corner)

One Free-Kick

v Panama, Group Stage (Stones, via Jordan Henderson, Kane header, and Raheem Sterling, from Tripper free-kick)

The Farewell

Director: Lulu Wang

Stars: Awkwafina, Zhao Shuzhen, Diana Lin, Tzi Ma

Four stars

Bangladesh tour of Pakistan

January 24 – First T20, Lahore

January 25 – Second T20, Lahore

January 27 – Third T20, Lahore

February 7-11 – First Test, Rawalpindi

April 3 – One-off ODI, Karachi

April 5-9 – Second Test, Karachi