Dubai tenants can break their rental contact without financial penalty if they can prove they were affected by 'exceptional circumstances', a senior judge said.
The loss of a job or reduction of income may mean residents could move during a 12 month lease without losing two or three months' rent.
Judge Abdulqader Musa, director of the Rental Disputes Centre, said he was aware of the hardship some people had found themselves in due to the impact of the coronavirus outbreak.
Tenants in disputes with their landlords can claim 'force majeure' as a legal defence to end a contract without penalty. The phrase relates to unexpected, external circumstances that do not allow a person to meet their obligations.
It is the responsibility of all respective parties to support one another, and being prepared to waive some of their rights
"During these exceptional times, tenants are indeed able to request for early termination of a contract with a landlord due to force majeure, whereby they would not have any viable alternative," Judge Musa told The National.
"Such circumstances are being handled on a case-by-case scenario by the RDC to, among others, confirm the integrity of the termination and validate the tenant's reasons for doing so."
The centre, which is the judicial arm of the Dubai Land Department, said it has settled several cases in favour of tenants recently.
The judge called for compassion from property owners, who are typically able to charge two months' rent if a tenant leaves early. In the UAE, most residential contracts are paid a year in advance, using pre-written cheques that are cashed over 12 months.
“During such unprecedented times, it is the responsibility of all respective parties to adhere to co-operate and support one another, taking account their circumstances and being prepared to waive some of their rights until this exceptional global crisis subsides,” Judge Musa said.
A total of 563 disputes were filed between January and the end of May, with 278 settled to date.
“We have continuously supported tenants through their challenges, especially during such trying times,” Judge Musa said.
In a case reported by The National last week, a small business owner took the landlord of his commercial premises in Al Sufouh, near Dubai Marina, to the dispute centre.
The tenant, who ran a company that cares for elderly residents in their own homes, said his firm could not pay due to the disruption caused by the outbreak.
A judge ruled this was justified and allowed him to break his tenancy contract early without paying a penalty and ordered the landlord to return two rent cheques uncashed.
Real estate experts said they appreciated the flexibility shown by judges - but warned landlords could also find themselves in trouble if they cannot make their own payments.
"This is the right thing to do but we must remember that it should not just be one-way traffic," said Mario Volpi, sales and leasing manager at Engel & Volkers in Dubai and a property columnist for The National.
“It cannot be just what the tenant wants. What is really important is that tenants do not think that they have a carte blanche on this.
“The tenant will clearly have to prove hardship; has to prove salary has been cut or that a job has been lost to stop him or her from being able to pay.
"Both parties need to understand that these are unprecedented circumstances.”
Mr Volpi said force majeure, which does not have to be written into a contact to be brought up as a defence, was difficult to prove.
"What is better is the clause of 'unforeseen circumstances'.
"Under normal circumstances if a tenant loses his job and everybody else in the world is fine, then he would be expected to get another job.
“When it affects everybody in a 'public loss' like this, that is where the unforeseen circumstances clause can come into play.”
Before resorting to litigation, the best option for the tenant was to talk to the landlord to defer rent or pay a token amount.
“This is about human-to-human negotiating,” Mr Volpi said.
"Things will change as we start to get move back to some sort of normality.”
Honeymoonish
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UAE's final round of matches
- Sep 1, 2016 Beat Japan 2-1 (away)
- Sep 6, 2016 Lost to Australia 1-0 (home)
- Oct 6, 2016 Beat Thailand 3-1 (home)
- Oct 11, 2016 Lost to Saudi Arabia 3-0 (away)
- Nov 15, 2016 Beat Iraq 2-0 (home)
- Mar 23, 2017 Lost to Japan 2-0 (home)
- Mar 28, 2017 Lost to Australia 2-0 (away)
- June 13, 2017 Drew 1-1 with Thailand (away)
- Aug 29, 2017 v Saudi Arabia (home)
- Sep 5, 2017 v Iraq (away)
UAE currency: the story behind the money in your pockets
What can victims do?
Always use only regulated platforms
Stop all transactions and communication on suspicion
Save all evidence (screenshots, chat logs, transaction IDs)
Report to local authorities
Warn others to prevent further harm
Courtesy: Crystal Intelligence
THE SPECS
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The specs
AT4 Ultimate, as tested
Engine: 6.2-litre V8
Power: 420hp
Torque: 623Nm
Transmission: 10-speed automatic
Price: From Dh330,800 (Elevation: Dh236,400; AT4: Dh286,800; Denali: Dh345,800)
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More from Neighbourhood Watch:
UAE currency: the story behind the money in your pockets
SPECS
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Dhadak
Director: Shashank Khaitan
Starring: Janhvi Kapoor, Ishaan Khattar, Ashutosh Rana
Stars: 3
Tips to stay safe during hot weather
- Stay hydrated: Drink plenty of fluids, especially water. Avoid alcohol and caffeine, which can increase dehydration.
- Seek cool environments: Use air conditioning, fans, or visit community spaces with climate control.
- Limit outdoor activities: Avoid strenuous activity during peak heat. If outside, seek shade and wear a wide-brimmed hat.
- Dress appropriately: Wear lightweight, loose and light-coloured clothing to facilitate heat loss.
- Check on vulnerable people: Regularly check in on elderly neighbours, young children and those with health conditions.
- Home adaptations: Use blinds or curtains to block sunlight, avoid using ovens or stoves, and ventilate living spaces during cooler hours.
- Recognise heat illness: Learn the signs of heat exhaustion and heat stroke (dizziness, confusion, rapid pulse, nausea), and seek medical attention if symptoms occur.
The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young
TRAINING FOR TOKYO
A typical week's training for Sebastian, who is competing at the ITU Abu Dhabi World Triathlon on March 8-9:
- Four swim sessions (14km)
- Three bike sessions (200km)
- Four run sessions (45km)
- Two strength and conditioning session (two hours)
- One session therapy session at DISC Dubai
- Two-three hours of stretching and self-maintenance of the body
ITU Abu Dhabi World Triathlon
For more information go to www.abudhabi.triathlon.org.
FROM%20THE%20ASHES
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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
The specs: 2018 BMW R nineT Scrambler
Price, base / as tested Dh57,000
Engine 1,170cc air/oil-cooled flat twin four-stroke engine
Transmission Six-speed gearbox
Power 110hp) @ 7,750rpm
Torque 116Nm @ 6,000rpm
Fuel economy, combined 5.3L / 100km
Jetour T1 specs
Engine: 2-litre turbocharged
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The specs
Engine: 4.0-litre flat-six
Torque: 450Nm at 6,100rpm
Transmission: 7-speed PDK auto or 6-speed manual
Fuel economy, combined: 13.8L/100km
On sale: Available to order now
The Facility’s Versatility
Between the start of the 2020 IPL on September 20, and the end of the Pakistan Super League this coming Thursday, the Zayed Cricket Stadium has had an unprecedented amount of traffic.
Never before has a ground in this country – or perhaps anywhere in the world – had such a volume of major-match cricket.
And yet scoring has remained high, and Abu Dhabi has seen some classic encounters in every format of the game.
October 18, IPL, Kolkata Knight Riders tied with Sunrisers Hyderabad
The two playoff-chasing sides put on 163 apiece, before Kolkata went on to win the Super Over
January 8, ODI, UAE beat Ireland by six wickets
A century by CP Rizwan underpinned one of UAE’s greatest ever wins, as they chased 270 to win with an over to spare
February 6, T10, Northern Warriors beat Delhi Bulls by eight wickets
The final of the T10 was chiefly memorable for a ferocious over of fast bowling from Fidel Edwards to Nicholas Pooran
March 14, Test, Afghanistan beat Zimbabwe by six wickets
Eleven wickets for Rashid Khan, 1,305 runs scored in five days, and a last session finish
June 17, PSL, Islamabad United beat Peshawar Zalmi by 15 runs
Usman Khawaja scored a hundred as Islamabad posted the highest score ever by a Pakistan team in T20 cricket
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More from Rashmee Roshan Lall
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
Five personal finance podcasts from The National
To help you get started, tune into these Pocketful of Dirham episodes
·
Balance is essential to happiness, health and wealth
·
What is a portfolio stress test?
·
What are NFTs and why are auction houses interested?
·
How gamers are getting rich by earning cryptocurrencies
·
Should you buy or rent a home in the UAE?
The specs
Engine: 2.0-litre 4-cylturbo
Transmission: seven-speed DSG automatic
Power: 242bhp
Torque: 370Nm
Price: Dh136,814
BORDERLANDS
Starring: Cate Blanchett, Kevin Hart, Jamie Lee Curtis
Director: Eli Roth
Rating: 0/5
THE CLOWN OF GAZA
Director: Abdulrahman Sabbah
Starring: Alaa Meqdad
Rating: 4/5
Conflict, drought, famine
Estimates of the number of deaths caused by the famine range from 400,000 to 1 million, according to a document prepared for the UK House of Lords in 2024.
It has been claimed that the policies of the Ethiopian government, which took control after deposing Emperor Haile Selassie in a military-led revolution in 1974, contributed to the scale of the famine.
Dr Miriam Bradley, senior lecturer in humanitarian studies at the University of Manchester, has argued that, by the early 1980s, “several government policies combined to cause, rather than prevent, a famine which lasted from 1983 to 1985. Mengistu’s government imposed Stalinist-model agricultural policies involving forced collectivisation and villagisation [relocation of communities into planned villages].
The West became aware of the catastrophe through a series of BBC News reports by journalist Michael Buerk in October 1984 describing a “biblical famine” and containing graphic images of thousands of people, including children, facing starvation.
Band Aid
Bob Geldof, singer with the Irish rock group The Boomtown Rats, formed Band Aid in response to the horrific images shown in the news broadcasts.
With Midge Ure of the band Ultravox, he wrote the hit charity single Do They Know it’s Christmas in December 1984, featuring a string of high-profile musicians.
Following the single’s success, the idea to stage a rock concert evolved.
Live Aid was a series of simultaneous concerts that took place at Wembley Stadium in London, John F Kennedy Stadium in Philadelphia, the US, and at various other venues across the world.
The combined event was broadcast to an estimated worldwide audience of 1.5 billion.
The specs
Engine: Four electric motors, one at each wheel
Power: 579hp
Torque: 859Nm
Transmission: Single-speed automatic
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Killing of Qassem Suleimani
Read more about the coronavirus
