I am from Libya and bought an apartment in DIFC in 2013 for Dh1.65 million. I moved into my flat in March this year, having paid the full amount plus registration fees of 4 per cent to DIFC. I also received a letter from DIFC approving my ownership. However, when I went to immigration (to arrange my property investor residence visa) I found out that I needed to bring them a NOL and the title deeds of the property. I went to DIFC to ask for the title deeds and they informed me that there are none for this particular property; the developer has not submitted all of the documentation for the building. I then went to the developer, who told me they were working on the matter and I should receive the title deeds within a few months. When I complained at the Land Department, they told that DIFC is a free zone and therefore they have no authority over them. Now, as a Libyan national I have to spend Dh300 for every entry visa. How is it that I own a property valued at Dh1.65m and I pay service fees yet I have no title deeds to prove my ownership? AG, Dubai
You have legitimately bought a property and paid all your dues, however because of a situation beyond your control you are denied free access to an investor visa. My advice to you would be to complain to the DIFC courts; they have their own jurisdiction that is separate from Dubai Courts. In the meantime I suggest you also continue to pester the developer to sort out their paperwork.
My wife and I are currently moving into a new apartment in Abu Dhabi and are in the process of signing the contract. In the contract, however, there is a clause about paying additional agency fees of 2 per cent every year to the leasing company separate to any rent increases. I disputed this with them and they said that it's now the policy of most rental companies to do this in Abu Dhabi. Do you know if this is standard practice? AM, Abu Dhabi
I am not sure why the agency would add this extra fee into the contract because you do not mention what they are for other than “extra” fees. Agents do, however, change administrative fees at the time of renewal, for the work needed to conclude the proceedings for second or subsequent years. This amount is normally a set figure of approximately Dh1,000 – Dh1,500. Abu Dhabi Commercial Properties, for example, adds a Dh1,000 service clause. Inserting this is therefore acceptable.
I rent a villa and my landlord claims to have sent an eviction notice. However, when the villa was originally sold, it had a plot number in the sales agreement but the actual address displayed is different, for example plot 140, villa 110. My landlord insists he has sent me the eviction notice yet I have not received it. From talking to his real estate agents, they all seem to refer to the villa by its plot number. So my guess is the notice was sent it was sent to the wrong address. Because I only recently heard from the landlord that he expects me to vacate the villa at the end of the contract what are the chances of challenging this (at the rent committee)? DB, Dubai
The notification you mention that your landlord sent you should be sent in a prescribed manner, either via notary public or registered mail. In both cases, there will be proof and evidence as to the address it was sent to. The onus is on the registered mail company to explain how it delivered the documents. They normally attempt to get a signature and if this is not possible then it is pasted on the door. If no evidence is clear I suggest the landlord would need to serve you the notice again. Remember there has to be a valid reason for eviction and this has not been mentioned in your note.
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
Follow The National's Business section on Twitter
