Question: We have been renting an apartment since 2014 and share an excellent relationship with the owner.
A few days before our annual renewal on July 19, I contacted him to remind him to send me the updated contract. I also wanted to confirm if I had to make the rent bank transfer to the same account as before.
He had been unwell, so I contacted him a week later as requested. We spoke and he said he wanted some more time to check about adding a small increase to the rent.
Both he and I are quite relaxed about this as there is full trust between us.
This morning, I received a message from the building management stating that unless we provide copies of a new contract, Ejari and IDs within the next 10 days, our access cards will be cancelled and we will no longer have access to the building and, therefore, to our apartment.
Regardless of whether our landlord will have the contract ready by then or not, does the law in Dubai give a third party (building management in this case) the arbitrary right to prevent us from accessing our apartment, despite there being no issue whatsoever between us and the landlord?
Also, does a third party have a right to demand copies of private documents? DP, Dubai
Answer: Your question is very interesting because it highlights a potential flaw in the system.
The norm is that the building management does have the right to request these current documents because all tenancies are supposed to be registered in the Ejari system.
However, due to the situation with your landlord needing more time to organise himself, he would have to do one of two things in order to keep continuity with your access to the facilities and/or the building itself.
He would need to send a notification to the building management that all is OK and request that there be no disruption to your tenancy, irrespective of proper Ejari documentation, which has yet to be finalised. Alternatively, he must proceed to agree to the new terms of the renewal, so you can get full access after registering the Ejari once again.
The key to all of this is communication, and as long as either you or the landlord communicate your position, the management will be more accommodating.
Their current position of stating that access will be denied is just all management's default position, so to alter this, you or the landlord will need to explain why the contract hasn’t been renewed yet.
It is true that if the landlord was OK with you staying rent free, he would have had to inform the management anyway.
For security and procedural purposes, all management companies ask to see these documents for their files, and it is not illegal for them to request them.
Q: I have been renting an apartment in Abu Dhabi for a year.
My landlord now plans to sell the apartment and the property management company has reached out to me many times to arrange viewings for potential buyers.
My family and I have been unwell of late and we are not comfortable allowing strangers into the house.
Am I legally required to allow viewings and what are the rules I should follow? GF, Abu Dhabi
The most expensive villa sold in Dubai – in pictures
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The most expensive villa yet sold in Dubai cost Dh302m ($82.2m). All photos Alpago Properties -
Amenities include a home cinema, bowling alley, gym, hammam, sauna, infinity pool, jacuzzi, and game room. -
Construction of the villa is scheduled to be complete by the first quarter of 2023. -
Management from developer Nakheel attended a private event to mark the record sale. Photo: Alpago Properties
A: The first thing to point out would be to check the wording of your contract. In many cases, there are clauses that allow for viewings in the event that the landlord wants to sell and, of course, the parameters that would govern this.
If your contract has no provisions or clauses that apply when selling, technically speaking, you do not have to allow access to anyone for this purpose.
The reason is that you pay rent in exchange for quiet enjoyment of the property, and this means not having to allow strangers into the unit.
The owner is entitled to visit the property for inspection purposes, but again, this ought to be written in the contract, and only by appointment, for a specific reason and with specific timing. This should not be used as a way to disguise sales viewings.
Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 39 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to m.volpi@axcapital.ae
