I live in the United Kingdom and own an apartment in Jumeirah Lakes Towers. I let out my studio apartment to an individual and, at the end of the first year, he requested the renewal contract be in the name of his employer (a real estate agency) as they pay his rent. I agreed, assuming this was a genuine request. This individual has since left the UAE. When I try to contact the agency they are not cooperative. When I try to find out who is staying at my flat, they are unwilling to tell. I was advised by a lawyer to renew for another year and give a 12-month notice on the basis that I wish to sell the apartment. I renewed in August last year for another 12 months and served notice to vacate at the same time. It is now nine months and I have not received rent. They claim they have deposited the rent cheque at Rera but have not provided me any proof. When I have sent my Power of Attorney (PoA) to collect the cheque, Rera could not trace it. How can I make them comply with my request to one: pay the rent and two: vacate on time at the end of the current notice period? SA UK
Your tenant may indeed have deposited the cheques at Rera, but if these are not traced then as far as you are concerned rent is still outstanding and therefore I recommend getting your PoA to file a case against the tenant with the rental dispute committee. At the committee you will be asked to send a notarised notification to the tenant requesting the rent be paid giving (another) 30 days' notice to do so. Failure to pay the rent after this extra period will allow you to demand eviction due to non-payment of rent. Sending a notification to vacate the property for reason of selling has to be done in a certain way for it to be deemed legal.
Firstly, the 12 months’ notice has to be sent before the expiration of the tenancy agreement and it also has to be sent via notary public or registered mail Any other method of delivery will not be deemed legal. As long as the above has been adhered to, then your tenant should comply with what has been asked of him.
I have been living in an apartment in Dubai Marina since 2011. My tenancy agreement is expiring in July. The rent is below market value which had to do with the agent not abiding by the 90-day notice period for the past two years. No 12-month notice of eviction via registered mail or notary public has been given to me. The agent included the following in the lease "both parties agree that this contract is for one year only and not renewable or extendable". I had no choice but to sign, but as far as I am aware this is unlawful. On top of this, the agent has changed and the new agent wants me to move out. I am happy to vacate next year but not this year and not under the given circumstances. Please advise. SK Dubai
Ignorance of the law often spills into threatening behaviour on the part of landlords or tenants or their representatives. I reiterate that a non-renewable clause in a tenancy agreement is not lawful and non-enforceable; in fact it is up to the tenant to state whether he/she wants to renew or not. A tenancy contract automatically renews each year unless the landlord gives 12 months’ notice to vacate for certain reasons and this notice has to be served upon expiry of the tenancy agreement, as per law 33 of 2008.
Given the facts of your email, I can confirm that you will be entitled to renew your agreement and no changes will be allowed to the new contract if those changes have not been communicated to you giving at least 90 days’ notice. Please communicate this to the agent and if he doesn’t agree, I suggest you open a case at the rental committee.
Mario Volpi is the managing director of Ocean View Real Estate and has worked in the industry in the emirate and in London for the past 30 years. Send any questions to mario@oceanviewdubai.com.
The advice provided in our columns does not constitute legal advice and is provided for information.
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