Dubai tenant wants to take 30% hike to Rent Committee but has been subletting

Property guru Mario Volpi urges subletter to think carefully before approaching the rent committee to challenge a landlord over an eviction notice and rent hike.

A Dubai tenant is concerned about the consequences of subletting. Sarah Dea / The National

My landlord has tried to evict me illegally and up my rent by 30 per cent - all of which I know he cannot do. I know I am within my rights to go to the rent committee, my only hesitation is that I have a friend from home that lives with me. It's now a sub let in so far as there is no contract, but she does have her things in my home and does deposit money into my account each month. I am worried if I go to the rent committee to complain regarding the illegal increase they will be able to evict me on the grounds that I have sublet. I know the burden of proof is on them … is it OK that she is there as there is no contract? Can I say if asked that the money she pays me is the return of a cash loan? Is there is anything I can do to protect myself before I go to raise a case at the rents committee. ZTM, Dubai

Your case is an interesting one and I thank you for you honesty to allow me to make a judgement. Other than married family, no one is allowed to legally stay in a property unless they are mentioned on the tenancy agreement and even then they have to be family related as stated. So in your case if would be classed as a definite sub lease and therefore not allowed unless of course the landlord was aware and of the sub let and had agreed to it. Then if you do open a case at the Rental committee due to your landlords unreasonable behaviour, the case could backfire for you and you will be open to eviction on the grounds of subletting. Think very carefully before you act as in this case I believe you will get into trouble.

A tenant received a call from his landlord stating that the landlord wanted to sell the town house the tenant is living in Abu Dhabi. The landlord offered to move the tenant to another one of the landlord's town houses in the same area (and pay for the move) but the tenant doesn't want to move. What are the current laws in Abu Dhabi with regards to how much notice a landlord needs to give a tenant? I am guessing a landlord can't force a tenant out until the end of the lease (which the tenant and landlord just renewed). DS, Abu Dhabi

In Abu Dhabi the landlord has to give two months’ notice to alter the contract and in this case, terminate it. The fact that the landlord is also offering alternative accommodation and paying for the inconvenience shows what a good landlord he is despite instigating the upheaval by requesting the move in the first place. My advice would be for the tenant to defer the actual move until such time as a buyer is found by negotiating this point with the landlord. However, as long as the two-month notice is given, the landlord has the right to take back his property.

Who is the proper entity to deal with when allowing pets in a flat in Dubai? I’m not quite sure who takes precedence. Is it,

1) the individual flat owner if there is no clause in the contract banning pets and brokers market the property as pets allowed?

2) the building management who neither objects to pets or has any prohibitive signage?

3) or the owners association where they have neither made public the owners association regulations nor displayed prohibitive signage?

CF, Dubai

I would firstly make sure that the owners association have either given permission or stated their policy on pets, even if you get agreements from the owner. If the building management/Owners Association have a no pet policy, it then doesn’t matter what the individual owner says or his agent for that matter. If the owners associations do agree, then go to the next stage to obviously ask the owner if everyone is OK with pets, Make sure you have it in writing, then go ahead and rent there if you have a pet. Remember though that unfortunately rules and regulations can be changed at a moment’s notice as was the case recently when a pet friendly area suddenly became a pet free zone, when the developer decided to change the rules without any form of consultation. Owning a pet is also about making sure that others living around you that don’t have animals can still live as they wish without their life being affected by pet owners. A sort of live and let live scenario. No respectable pet owner wants to see other pet owners being irresponsible by not cleaning up after their pets for example.

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 [e-mail]

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 The National's Business section on Twitter