The landlord is required to offer the tenant 30 days’ notice to vacate the property in the event of a breach of contract. Getty
The landlord is required to offer the tenant 30 days’ notice to vacate the property in the event of a breach of contract. Getty
The landlord is required to offer the tenant 30 days’ notice to vacate the property in the event of a breach of contract. Getty
The landlord is required to offer the tenant 30 days’ notice to vacate the property in the event of a breach of contract. Getty

UAE Property: ‘Can I evict my tenant for breach of contract?’


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Question: I have been informed that my tenant is using the property in an illegal way.

I have also been told that there is a criminal case against him for allegedly accepting funds from investors without a business licence.

The tenancy agreement includes the following clause: “The property is not to be used for any illegal or immoral purpose in contravention of any Emirate regulation or law.”

Can I evict him from the property once there is a judgment from the court?

My tenant has also breached two other clauses in the tenancy agreement. He made alterations to the property without my written consent and he has not signed a pool maintenance contract, which is part of the contract. MH, Dubai

Answer: Given that your tenant is in breach of the tenancy contract, you would be quite within your right to demand eviction.

However, I would wait until the court issues its judgment. This will add weight to your case.

In order to evict a tenant for reasons of any contract breaches, you would be required to offer the tenant 30 days’ notice to vacate.

If you file a case at the Rental Dispute Settlement Committee, they will also ask you to serve the 30-day notice.

I would advise you to notarise the 30-day eviction notice and deliver it via registered mail to the property, where it will be posted on the door in case the tenant is not in the residence at the time of delivery.

Q: I have lived in a villa in Dubai for the past five years. Before my last tenancy contract renewal, my landlord informed me by email that one of his family members wanted to move into the villa. He wanted to serve me with a 12-month notice to vacate the unit.

However, I did not receive the eviction notice by registered email or notary public.

I was suspicious that the landlord was trying to evict me to sign another tenant at a higher rent.

I replied to his email that the eviction notice would be valid only if his family member moves in after my eviction.

That was the end of the communication and we renewed the tenancy contract. However, a few weeks after the renewal, the landlord hired a real estate broker to sell the villa.

There have been many viewings and I assume the villa will be sold before my tenancy contract expires.

Is the eviction notice still valid even though the reason for eviction has changed?

If the property is sold, should the new landlord serve me with a separate 12-month notice to vacate or can they move in or rent out the villa right away? DG, Dubai

A: Requesting a tenant to vacate a rented property can only be officially done via notary public or registered mail. Any other form of communication such as WhatsApp, Telegram and email is not valid.

You can, therefore, assume that the eviction notice sent via email will not count, according to the Dubai rental laws.

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As the property is now available for sale, the buyer will become your new landlord and will have to respect all the terms and conditions within your current tenancy agreement.

If the new landlord wishes to move in himself, or have his next of kin of first degree move in, he will have to send you a 12-month eviction notice via notary public or registered mail to gain vacant possession.

Therefore, I would sit tight at the moment and do nothing. Let the sale happen and then communicate with the new landlord to understand what they want to do with the property.

Nothing changes in your current rental contract even if a buyer is found, because any changes to the contract have to be communicated 90 days before the expiry of the agreement.

In this case, email communication is fine to change the contract terms.

Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years, in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mariovolpi64@gmail.com

What the law says

Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.

“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.

“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”

If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.

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SPECS
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Director: Romany Saad
Starring: Mirfat Amin, Boumi Fouad and Tariq Al Ibyari

A little about CVRL

Founded in 1985 by Sheikh Mohammed bin Rashid, Vice President and Ruler of Dubai, the Central Veterinary Research Laboratory (CVRL) is a government diagnostic centre that provides testing and research facilities to the UAE and neighbouring countries.

One of its main goals is to provide permanent treatment solutions for veterinary related diseases. 

The taxidermy centre was established 12 years ago and is headed by Dr Ulrich Wernery. 

Australia men's Test cricket fixtures 2021/22

One-off Test v Afghanistan:
Nov 27-Dec 1: Blundstone Arena, Hobart

The Ashes v England:
Dec 8-12: 1st Test, Gabba, Brisbane
Dec 16-20: 2nd Test, Adelaide Oval, Adelaide (day/night)
Dec 26-30: 3rd Test, Melbourne Cricket Ground, Melbourne
Jan 5-9, 2022: 4th Test, Sydney Cricket Ground, Sydney
Jan 14-18: 5th Test, Optus Stadium, Perth

MOUNTAINHEAD REVIEW

Starring: Ramy Youssef, Steve Carell, Jason Schwartzman

Director: Jesse Armstrong

Rating: 3.5/5

Libya's Gold

UN Panel of Experts found regime secretly sold a fifth of the country's gold reserves. 

The panel’s 2017 report followed a trail to West Africa where large sums of cash and gold were hidden by Abdullah Al Senussi, Qaddafi’s former intelligence chief, in 2011.

Cases filled with cash that was said to amount to $560m in 100 dollar notes, that was kept by a group of Libyans in Ouagadougou, Burkina Faso.

A second stash was said to have been held in Accra, Ghana, inside boxes at the local offices of an international human rights organisation based in France.

Tickets

Tickets start at Dh100 for adults, while children can enter free on the opening day. For more information, visit www.mubadalawtc.com.

What is Folia?

Prince Khaled bin Alwaleed bin Talal's new plant-based menu will launch at Four Seasons hotels in Dubai this November. A desire to cater to people looking for clean, healthy meals beyond green salad is what inspired Prince Khaled and American celebrity chef Matthew Kenney to create Folia. The word means "from the leaves" in Latin, and the exclusive menu offers fine plant-based cuisine across Four Seasons properties in Los Angeles, Bahrain and, soon, Dubai.

Kenney specialises in vegan cuisine and is the founder of Plant Food Wine and 20 other restaurants worldwide. "I’ve always appreciated Matthew’s work," says the Saudi royal. "He has a singular culinary talent and his approach to plant-based dining is prescient and unrivalled. I was a fan of his long before we established our professional relationship."

Folia first launched at The Four Seasons Hotel Los Angeles at Beverly Hills in July 2018. It is available at the poolside Cabana Restaurant and for in-room dining across the property, as well as in its private event space. The food is vibrant and colourful, full of fresh dishes such as the hearts of palm ceviche with California fruit, vegetables and edible flowers; green hearb tacos filled with roasted squash and king oyster barbacoa; and a savoury coconut cream pie with macadamia crust.

In March 2019, the Folia menu reached Gulf shores, as it was introduced at the Four Seasons Hotel Bahrain Bay, where it is served at the Bay View Lounge. Next, on Tuesday, November 1 – also known as World Vegan Day – it will come to the UAE, to the Four Seasons Resort Dubai at Jumeirah Beach and the Four Seasons DIFC, both properties Prince Khaled has spent "considerable time at and love". 

There are also plans to take Folia to several more locations throughout the Middle East and Europe.

While health-conscious diners will be attracted to the concept, Prince Khaled is careful to stress Folia is "not meant for a specific subset of customers. It is meant for everyone who wants a culinary experience without the negative impact that eating out so often comes with."

Company%20Profile
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BUNDESLIGA FIXTURES

Saturday

Borussia Dortmund v Eintracht Frankfurt (5.30pm kick-off UAE)

Bayer Leverkusen v Schalke (5.30pm)

Wolfsburg v Cologne (5.30pm)

Mainz v Arminia Bielefeld (5.30pm)

Augsburg v Hoffenheim (5.30pm)

RB Leipzig v Bayern Munich (8.30pm)

Borussia Monchengladbach v Freiburg (10.30pm)

Sunday

VfB Stuttgart v Werder Bremen  (5.30pm)

Union Berlin v Hertha Berlin (8pm)

Countries offering golden visas

UK
Innovator Founder Visa is aimed at those who can demonstrate relevant experience in business and sufficient investment funds to set up and scale up a new business in the UK. It offers permanent residence after three years.

Germany
Investing or establishing a business in Germany offers you a residence permit, which eventually leads to citizenship. The investment must meet an economic need and you have to have lived in Germany for five years to become a citizen.

Italy
The scheme is designed for foreign investors committed to making a significant contribution to the economy. Requires a minimum investment of €250,000 which can rise to €2 million.

Switzerland
Residence Programme offers residence to applicants and their families through economic contributions. The applicant must agree to pay an annual lump sum in tax.

Canada
Start-Up Visa Programme allows foreign entrepreneurs the opportunity to create a business in Canada and apply for permanent residence. 

'Worse than a prison sentence'

Marie Byrne, a counsellor who volunteers at the UAE government's mental health crisis helpline, said the ordeal the crew had been through would take time to overcome.

“It was worse than a prison sentence, where at least someone can deal with a set amount of time incarcerated," she said.

“They were living in perpetual mystery as to how their futures would pan out, and what that would be.

“Because of coronavirus, the world is very different now to the one they left, that will also have an impact.

“It will not fully register until they are on dry land. Some have not seen their young children grow up while others will have to rebuild relationships.

“It will be a challenge mentally, and to find other work to support their families as they have been out of circulation for so long. Hopefully they will get the care they need when they get home.”

Updated: January 26, 2023, 5:00 AM