Mario Volpi advises on the latest property issues, including a Dubai landlord whose tenant has run off. Sarah Dea / The National
Mario Volpi advises on the latest property issues, including a Dubai landlord whose tenant has run off. Sarah Dea / The National

Dubai tenant absconds and cheques bounce, but family refuse to leave property



I am a landlord and have an apartment which is rented out. The tenant left the country and the cheques provided bounced. However, the tenant’s family are still occupying the apartment and have refused to pay (basically giving false promises and not retuning calls). What course of action should I take? Please note that I have already reported the bounced cheques to Dubai police. YM, Dubai

My advice is that you should immediately file a case at the rental dispute settlement committee, whereby a 30-day notice will be issued to the tenant for non-payment of rent. If after this time the rent is still outstanding, the rental committee will advise on the following procedure to evict the tenant(s). Obviously they will not be allowed to remain in the property if rent has not been paid. The procedure is relatively straightforward, but legally more time may be given for the tenant to pay his outstanding amounts before he is actually evicted.

I have lived in a freehold apartment in Dubai for a few years and the lease is now up for renewal. The problem I have is that there is a clause in the contract stating that the rent will be increased by 5 per cent upon renewal. Every year this 5 per cent rent increase has matched the increase suggested by the Rera calculator, which is why I have not been too bothered. This year, however, according to the calculator I should remain on the same rent, which is why I wonder which rule applies, the law or the contract? RB, Dubai

Your tenancy contract is a binding agreement made by consenting parties (you and your landlord). When the agreement contradicts the law, it can still be enforceable as long as both parties agree on this, but if one of the parties doesn’t the contract cannot be above the law. Basically your landlord cannot enforce a 5 per cent increase if this increase is not allowed by law (unless you agree to the increase). It is therefore up to both of you to find a solution, or for you to explain the workings of the Rera rental calculator to your landlord that no increase is allowed for the next ten­ancy contract, despite what the agreement states.

Last year I was given a (notar­ised) 12-month notice on the basis of selling the house for my current contract. Now, just three months before the contract expires, I have received the following mail from the agency that represents the landlord saying: "Please be informed that the owner is still searching for a buyer of his property, as you know he wants to sell it. We would like to ask if you are willing to renew the contract for another year or not. If yes, kindly send your confirmation by email. The rent will be Dh151,800". This is a 10 per cent increase of my current lease and it is in line with the Rera rental increase calculator. I have two questions:

a. If I say that I want to renew, will that make the notice void and therefore I cannot be evicted?

b. If I move out as per eviction notice, is he allowed to rent the property out again, or does he have to observe the two-year rent blackout? RP, Dubai

If you renew, then the eviction notice does become void given the change in circumstances and agreement between both parties that you will remain in the property. Saying you will not be evicted is correct, but obviously not forever. You will be entitled to stay for the duration of this new agreement (which may be your last), unless the owner issues you another 12 months’ notice to vacate upon expiry of your current term.

b. If you decide to move out, the landlord will still be entitled to find another tenant because you leaving will now be your choice, given your landlord is asking if you wish to renew even with an increase in rent which is in line with the Rera rental calculator.

Mario Volpi is a real estate professional who has worked within the industry for the past 31 years in London and Dubai. The opinions expressed in this article are those of the author and they do not reflect in any way those of the institutions to which he is affiliated. It does not constitute legal advice and is provided for information only. Please send any questions to mariovolpi64@gmail.com

Safety 'top priority' for rival hyperloop company

The chief operating officer of Hyperloop Transportation Technologies, Andres de Leon, said his company's hyperloop technology is “ready” and safe.

He said the company prioritised safety throughout its development and, last year, Munich Re, one of the world's largest reinsurance companies, announced it was ready to insure their technology.

“Our levitation, propulsion, and vacuum technology have all been developed [...] over several decades and have been deployed and tested at full scale,” he said in a statement to The National.

“Only once the system has been certified and approved will it move people,” he said.

HyperloopTT has begun designing and engineering processes for its Abu Dhabi projects and hopes to break ground soon. 

With no delivery date yet announced, Mr de Leon said timelines had to be considered carefully, as government approval, permits, and regulations could create necessary delays.

The specs: 2024 Mercedes E200

Engine: 2.0-litre four-cyl turbo + mild hybrid
Power: 204hp at 5,800rpm +23hp hybrid boost
Torque: 320Nm at 1,800rpm +205Nm hybrid boost
Transmission: 9-speed auto
Fuel consumption: 7.3L/100km
On sale: November/December
Price: From Dh205,000 (estimate)

If you go

There are regular flights from Dubai to Addis Ababa with Ethiopian Airlines with return fares from Dh1,700. Nashulai Journeys offers tailormade and ready made trips in Africa while Tesfa Tours has a number of different community trekking tours throughout northern Ethiopia. The Ben Abeba Lodge has rooms from Dh228, and champions a programme of re-forestation in the surrounding area.



The past Palme d'Or winners

2018 Shoplifters, Hirokazu Kore-eda

2017 The Square, Ruben Ostlund

2016 I, Daniel Blake, Ken Loach

2015 DheepanJacques Audiard

2014 Winter Sleep (Kış Uykusu), Nuri Bilge Ceylan

2013 Blue is the Warmest Colour (La Vie d'Adèle: Chapitres 1 et 2), Abdellatif Kechiche, Adele Exarchopoulos and Lea Seydoux

2012 Amour, Michael Haneke

2011 The Tree of LifeTerrence Malick

2010 Uncle Boonmee Who Can Recall His Past Lives (Lung Bunmi Raluek Chat), Apichatpong Weerasethakul

2009 The White Ribbon (Eine deutsche Kindergeschichte), Michael Haneke

2008 The Class (Entre les murs), Laurent Cantet

What is cyberbullying?

Cyberbullying or online bullying could take many forms such as sending unkind or rude messages to someone, socially isolating people from groups, sharing embarrassing pictures of them, or spreading rumors about them.

Cyberbullying can take place on various platforms such as messages, on social media, on group chats, or games.

Parents should watch out for behavioural changes in their children.

When children are being bullied they they may be feel embarrassed and isolated, so parents should watch out for signs of signs of depression and anxiety

Keep it fun and engaging

Stuart Ritchie, director of wealth advice at AES International, says children cannot learn something overnight, so it helps to have a fun routine that keeps them engaged and interested.

“I explain to my daughter that the money I draw from an ATM or the money on my bank card doesn’t just magically appear – it’s money I have earned from my job. I show her how this works by giving her little chores around the house so she can earn pocket money,” says Mr Ritchie.

His daughter is allowed to spend half of her pocket money, while the other half goes into a bank account. When this money hits a certain milestone, Mr Ritchie rewards his daughter with a small lump sum.

He also recommends books that teach the importance of money management for children, such as The Squirrel Manifesto by Ric Edelman and Jean Edelman.

A new relationship with the old country

Treaty of Friendship between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates

The United kingdom of Great Britain and Northern Ireland and the United Arab Emirates; Considering that the United Arab Emirates has assumed full responsibility as a sovereign and independent State; Determined that the long-standing and traditional relations of close friendship and cooperation between their peoples shall continue; Desiring to give expression to this intention in the form of a Treaty Friendship; Have agreed as follows:

ARTICLE 1 The relations between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates shall be governed by a spirit of close friendship. In recognition of this, the Contracting Parties, conscious of their common interest in the peace and stability of the region, shall: (a) consult together on matters of mutual concern in time of need; (b) settle all their disputes by peaceful means in conformity with the provisions of the Charter of the United Nations.

ARTICLE 2 The Contracting Parties shall encourage education, scientific and cultural cooperation between the two States in accordance with arrangements to be agreed. Such arrangements shall cover among other things: (a) the promotion of mutual understanding of their respective cultures, civilisations and languages, the promotion of contacts among professional bodies, universities and cultural institutions; (c) the encouragement of technical, scientific and cultural exchanges.

ARTICLE 3 The Contracting Parties shall maintain the close relationship already existing between them in the field of trade and commerce. Representatives of the Contracting Parties shall meet from time to time to consider means by which such relations can be further developed and strengthened, including the possibility of concluding treaties or agreements on matters of mutual concern.

ARTICLE 4 This Treaty shall enter into force on today’s date and shall remain in force for a period of ten years. Unless twelve months before the expiry of the said period of ten years either Contracting Party shall have given notice to the other of its intention to terminate the Treaty, this Treaty shall remain in force thereafter until the expiry of twelve months from the date on which notice of such intention is given.

IN WITNESS WHEREOF the undersigned have signed this Treaty.

DONE in duplicate at Dubai the second day of December 1971AD, corresponding to the fifteenth day of Shawwal 1391H, in the English and Arabic languages, both texts being equally authoritative.

Signed

Geoffrey Arthur Sheikh Zayed