Dubai tenant can be evicted if major renovation is required, but very unlikely with a new property

Theoretically a tenant can be evicted if major renovation is required, but this seems very unlikely in the case of a relatively new property.

My landlord has given me an eviction notice as he wants to renovate the apartment. In the past you have told readers that tenants can be evicted if the property is to be sold or the landlord is moving in, but what about in this case? I think it is relevant that the building is only 18 months old and we can’t see anything wrong with the apartment. JT, Dubai

Theoretically a tenant can be evicted if major renovation is required, but this seems very unlikely in the case of a relatively new property. Article 25 (2) of Dubai rental law states “Landlord may demand eviction of tenant upon expiry of tenancy contract in the following cases … if premises require renovation or comprehensive maintenance which cannot be executed while tenant is occupying premises, provided that a technical report attested by Dubai Municipality is submitted to this effect.” Quite clearly approval must be sought and I think it unlikely it would be granted in a case such as this, in which the property is a new apartment in a tower block. Bear in mind that any eviction notice must be issued in the correct format; that is with a full 12 months’ notice and delivered by registered post or public notary. If any tenant has any concerns they can contact the Real Estate Regulatory Agency.

I work for a private company in a free zone and would like some advice regarding labour law. My two-year-old son has broken his arm and has had to have an operation. He cannot attend nursery for several weeks so will need to stay at home. I have a note from the hospital saying he is sick, which is valid for four weeks. Can I use this to apply for sick leave from my employer to look after my son? SY, Dubai

Taking time off work to care for a sick relative, no matter the situation, would be considered compassionate leave, not sick leave and there is no provision for this in UAE Labour Law. An employer may grant some compassionate leave, allow the employee to use their annual holiday entitlement or to take time off without pay. But this will not be considered sick leave and is entirely at the discretion of the employer.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years of experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE.

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

Follow us on Twitter @TheNationalPF

Published: December 7, 2014 04:00 AM

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