I have had a fairly conflict-free tenancy in my Abu Dhabi apartment for the last two years. However, last weekend I tried to sell my sofa after upgrading to a new one and security prevented me from removing the old sofa from my apartment stating that I must have an No Objection Certifcate (NOC) from my company (with whom the lease is with). Even with the new sofa right there, they still hid behind the ‘you might be trying to illegally vacate’ line. Is there any legal basis for requiring me to obtain an NOC from my company to upgrade my furniture? To your knowledge, does my landlord have the legal right to physically stop me from removing a sofa from my apartment? MS, Abu Dhabi
After reading your comments, it does appear ridiculous that you are prevented from leading a normal life as you please. The rules regarding the NOC from the landlord are there to prevent tenants from absconding without paying their outstanding liabilities. You have two choices, one legitimate and one not so:
1. Go and get this NOC from the landlord (I am sure this would not be too difficult given the circumstances) or;
2. Move the sofa into the lobby of the apartment then wait. I am sure you will get complaints from the security guards/management that it cannot stay there, after which you can strongly suggest they then allow you to remove it altogether from your apartment. Thus, resolving both issues.
My access to the facilities in my building have been restricted as the landlord has not paid the service fee. In the last two months I asked the estate agent to provide proof of payment (as he stated that the landlord paid while Emaar says the contrary) without obtaining an answer. Now we need to renew the contract and agent is demanding a 5 per cent increase without the 90 days’ notice. I clearly said that I will not accept the increase as the notice was not provided and the service fee is not paid. In reply, the agent threatened me with an eviction letter to vacate the apartment in the next 12 months.
In addition, the agent asked for the cheques to be in his name as he has the power of attorney (POA) of the landlord. Is it possible to pay the service fee as part of the payment for the renewal? Moreover, how can I complain about this situation? LB, Dubai
Firstly you are correct in your stance that the landlord is not entitled to any rental increase if he has not communicated this increase to you giving the statutory 90 days’ notice. I would strongly urge you to see sight of the POA documentation. In it, it will say whether the POA holder is entitled to receive monies in his name. Please check this carefully, if it does state this then it is OK to pay the rent to him but please keep a copy of the POA and get full receipts from him. As he is an agent, I would request you also verify that he is registered by checking the Rera website for confirmation.
Paying less than the rent demanded is not allowed, so using the rental monies to pay the service charge is not your responsibility but the landlord’s. I realise what you are trying to do and ordinarily it would be a good way to get the landlord to pay these charges this way, however, you will open yourself up to problems because the landlord could file a case against you at the rental committee for non-payment of the full rent and you could then be liable to eviction as a result. It is better to pay your rent as normal and let the developer chase the landlord for the service charges. It is illegal for the developer to deny you access to the building or facilities.
I want to give my tenant official notice to vacate as I intend to sell my apartment. However, I have not be able to get the Ejari registration from the tenant as he has not filed it. I am unable to process Ejari myself as it requires the tenant’s Visa, UAE ID and a DEWA bill which I do not have. Since issuing an official notice through a notary public requires the Ejari document, I am stuck. What is the solution here? HAZ, Dubai
There is another way to formally request eviction from your tenant giving 12 months’ notice for reason of either selling the property or wishing to use it for yourself or next of kin and that is to send the notification via registered mail. This then negates the need for all the other documents you mention. This way is also a perfectly legal way of notice.
Mario Volpi is the managing director of Prestige Real Estate in Dubai (prestigedubai.com). He has 30 years of property industry experience in the emirate and London. Send any questions to mario@prestigedubai.com
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice
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