An ongoing divorce case between an Abu Dhabi couple is causing a dilemma for their landlord. Christopher Pike / The National
An ongoing divorce case between an Abu Dhabi couple is causing a dilemma for their landlord. Christopher Pike / The National

Abu Dhabi landlord caught between warring couple, and their tenancy is up for renewal



I am the landlord of an Abu Dhabi villa and the annual contract with my tenant – who has lived there for the past three years – has expired. I had given them notice for renewal, but the tenant sent me an email saying he wanted to leave. Then I found out that only the wife and child live in the villa while the husband – the person whose name the contract is in – lives in another flat. His wife then approached me saying she did not want to move until her husband provided them with another place to live. There is an ongoing divorce case between them in the Abu Dhabi courts. So I approached the husband again and he said not to worry, he would return my villa before the expiry date. The contract has now expired – his wife and child don't want to leave and the husband won't pick up his phone. What should I do? MS, Abu Dhabi

This is a rather unfortunate situation but I can only explain your options from a legal point of view; from a human aspect you will need to decide if you will allow the wife and child to stay. The tenancy contract is in the name of the husband and therefore as the official tenant he is the one dealing with it. The reality is that both landlord and tenant have a 60-day window to inform the other party of any changes to the contract and this appears to have been missed. The tenant then legally has to renew again for another year, even though he doesn’t want to, as the contract will automatically renew under the same terms as before. Given he is now not replying to you or ignoring your calls, you have no alternative but to file a case at the rent dispute settlement committee. Please note that there is a charge of 4 per cent of the rental amount capped at Dh20,000 to file the case.

Last year at renewal, my landlord asked me to sign an eviction notice. He wanted me to leave the apartment as he wants to sell it. Then in October he sent me an official eviction notice. My rental contract will finish soon, but I need to stay in the apartment for longer. He insists I have to leave the apartment now. Can I stay? If so, will my rent increase? KM, Dubai

There are two problems I see with the notices that have been produced between you and your landlord. The first eviction notice was produced at the correct time as prescribed by law 33 of 2008, ie upon expiry of your tenancy agreement. But it was not sent via notary public or registered mail, therefore it is invalid. The second notification letter sent in October is sent via registered mail but has no bearing as it’s just a notice requesting you to confirm your eviction. Given the details you have sent me, I believe you would be entitled to stay on for another year as the owner needs to send your eviction notice for reason of selling upon expiry of your tenancy agreement either via notary public or registered mail. As far as the renewal rent is concerned, your landlord is not entitled to any increase as he has not informed you of any changes to the contract giving you the statutory 90 days’ notice.

I will be resigning from my job and leaving the UAE. Am I obligated to pay the rest of the lease agreement? What are the rules on how to break the lease in this instance? TI, Dubai

I would ask you to check your tenancy agreement, specifically the addendum as this is where you will find the information on breaking the contract. Presumably, you have also registered the tenancy with Ejari and under the terms and conditions you will see that there is a penalty of two months' rent owed to the landlord for terminating the agreement early. The other condition is that you should have been in the property for at least six months to qualify.

Mario Volpi has worked in the real estate industry in Dubai and in London for the past 30 years. Send any questions to mariovolpi@aol.com.

The advice provided in our columns does not constitute legal advice and is provided for information only.

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Sector: Water technology 
 
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Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor

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Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.

 

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Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30 

 

Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse

 

Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth

 

Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances

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Brief scoreline:

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The Melbourne Mercer Global Pension Index

The Melbourne Mercer Global Pension Index

Mazen Abukhater, principal and actuary at global consultancy Mercer, Middle East, says the company’s Melbourne Mercer Global Pension Index - which benchmarks 34 pension schemes across the globe to assess their adequacy, sustainability and integrity - included Saudi Arabia for the first time this year to offer a glimpse into the region.

The index highlighted fundamental issues for all 34 countries, such as a rapid ageing population and a low growth / low interest environment putting pressure on expected returns. It also highlighted the increasing popularity around the world of defined contribution schemes.

“Average life expectancy has been increasing by about three years every 10 years. Someone born in 1947 is expected to live until 85 whereas someone born in 2007 is expected to live to 103,” Mr Abukhater told the Mena Pensions Conference.

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How being social media savvy can improve your well being

Next time when procastinating online remember that you can save thousands on paying for a personal trainer and a gym membership simply by watching YouTube videos and keeping up with the latest health tips and trends.

As social media apps are becoming more and more consumed by health experts and nutritionists who are using it to awareness and encourage patients to engage in physical activity.

Elizabeth Watson, a personal trainer from Stay Fit gym in Abu Dhabi suggests that “individuals can use social media as a means of keeping fit, there are a lot of great exercises you can do and train from experts at home just by watching videos on YouTube”.

Norlyn Torrena, a clinical nutritionist from Burjeel Hospital advises her clients to be more technologically active “most of my clients are so engaged with their phones that I advise them to download applications that offer health related services”.

Torrena said that “most people believe that dieting and keeping fit is boring”.

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