Question: I own an apartment in Dubai Marina, which I've rented to the same tenant for two years. A neighbour recently contacted me because different people appear to be entering the apartment every few days with suitcases. I checked one of the holiday rental websites and, to my surprise, found what appears to be my apartment being advertised for short-term stays.
I never agreed to this and my tenancy contract says the property is for residential use by the tenant. The tenant is paying the rent on time, so financially, I haven't lost anything, but I'm uncomfortable with strangers continually using a property I'm responsible for. Can a tenant legally do this without my permission, and could I as the owner face problems if something happens? Ahmed, Abu Dhabi
Answer: I wouldn't ignore this simply because the rent continues to arrive on time.
There's an important distinction between a tenant occasionally having friends or family stay and somebody commercially offering another person's property as short-term accommodation.
Dubai's holiday-home sector is regulated, and properties being used for this purpose need to comply with the relevant licensing and registration requirements. Separately, your tenancy agreement determines what your tenant is permitted to do with the apartment.
Subletting in Dubai is not illegal; however, the landlord must be informed and agree to the subleasing. Since you were not informed, his actions are illegal and he cannot simply decide to turn your property into his own short-term rental business.
Before taking any action I suggest you document what you've discovered. Save screenshots of the advertisement, including photographs that clearly identify your apartment and keep any messages from neighbours or building management.
I would then write to the tenant and ask for an explanation rather than immediately making accusations. I'd also establish whether the apartment has actually been registered as a holiday home and, if so, how this was done without your knowledge.
There's another practical concern: short-term occupation can mean considerably more wear and tear than a conventional tenancy, as well as possible issues with access cards, building security and insurance.
For landlords, this is a useful reminder that receiving the rent doesn't necessarily mean everything is fine with the property. Sensible asset management means knowing how your investment is actually being used.
Q: My former partner and I bought a villa in Dubai several years ago in both our names. We have now separated. I want to sell the property so we can both move on financially, but my ex refuses. He says that because he owns half of the villa I cannot force him to sell his share.
Neither of us can realistically afford to buy the other person out, and there is still a mortgage on the property. What happens when two people jointly own a Dubai property but one wants to sell and the other simply refuses? Are we effectively stuck owning it together indefinitely? Emma, Dubai
A: This is unfortunately one of the complications of joint property ownership that people rarely think about when they're happily buying together.
You cannot ordinarily sell your former partner's ownership interest simply because you want the whole property sold. Equally, however, joint ownership doesn't necessarily mean two people must remain financially tied together indefinitely.
The first thing I'd establish is exactly how ownership is recorded on the title deed and the respective ownership percentages.
Then have the property independently valued. Once you know the realistic selling price, deduct the outstanding mortgage and likely selling costs so both parties can see what equity would actually be available. Sometimes having a real number on the table makes negotiations considerably easier.
Possible solutions include one party refinancing and purchasing the other's interest, an agreed sale on the open market or another mutually acceptable transfer arrangement, subject of course to the lender and Dubai Land Department requirements.
I'd also check who has been paying the mortgage, service charges and other property expenses since the separation because those contributions may need to be considered when the financial position is ultimately resolved.
If agreement genuinely cannot be reached, this moves beyond estate agency advice. You should speak to a Dubai lawyer experienced in property and co-ownership disputes about the legal mechanisms available to bring the joint ownership to an end.
The wider lesson for unmarried couples, friends and relatives buying together is simple: discuss the break-up before the purchase. A written co-ownership agreement setting out what happens if one person wants to sell can prevent an enormous amount of difficulty later.
The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario@evadxb.com
