I have just learnt that my landlord wants to sell his villa at the expiry of the current rental contract in March 2021. I understand that he needs to serve notice of intent one year in advance, regardless of when the contract will expire. However, I’m not sure if anything has changed regarding this law.
Can you advise me on this law and how I can use it to protect my interests? In addition, I have a documented side agreement with my landlord that states I can remain in the property until March 2022. JA, Dubai
As per Law No 33 of 2008, there are a few ways by which an owner can evict a tenant from a rented property. These are:
1. If the owner wishes to sell the unit.
2. If the owner wishes to use the property for his/her own use or is used by their next of kin of the first degree. In this case, the landlord will also have to prove that he/she doesn’t own another suitable property that could be used instead.
3. If the property needs extensive refurbishing or modernisation that prevents the tenant from living in the unit while works are carried out.
4. If the property needs to be demolished.
For points three and four, the owner will also have to show written approvals or permission from authorities concerned to carry out these works.
For all of the above points, the owner will have to inform you by giving you a 12-month written notice sent either via notary public or registered mail.
Depending on many factors, the sale of the property could take a while to conclude. However, it past cases at the Rental Dispute Settlement Committee have shown that judges request the new buyer to also serve a 12-month notice, which could prolong your stay.
If the buyer is an investor, you will be allowed to stay even when the sale is concluded
I stress that laws in the UAE are not set by precedent, so past cases cannot be relied on completely as a form of guarantee. Having said this, it would appear at present that the previous statement is being upheld in times of disputes.
The key to staying on in the property will depend on the buyer’s profile. If the buyer is an investor, you will be allowed to stay even when the sale is concluded. But if the buyer is an owner-occupier, this is where the law will protect you by requesting that the notice period is exercised in order to help you move with plenty of notice.
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 mario.volpi@engelvoelkers.com
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Benedict Wells
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Graduated from the American University of Sharjah
She is the eldest of three brothers and two sisters
Has helped solve 15 cases of electric shocks
Enjoys travelling, reading and horse riding
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Know your Camel lingo
The bairaq is a competition for the best herd of 50 camels, named for the banner its winner takes home
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Millions Street - the thoroughfare where camels are led and where white 4x4s throng throughout the festival
Bio
Born in Dibba, Sharjah in 1972.
He is the eldest among 11 brothers and sisters.
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He has written poetry for 30 years and has had work published in local newspapers.
He likes all kinds of adventure movies that relate to his work.
His dream is a safe and preserved environment for all humankind.
His favourite book is The Quran, and 'Maze of Innovation and Creativity', written by his brother.
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RESULT
Chelsea 2
Willian 13'
Ross Barkley 64'
Liverpool 0
RESULTS
5pm: Maiden (PA) Dh80,000 1,600m
Winner: Raghida, Szczepan Mazur (jockey), Ibrahim Al Hadhrami (trainer)
5.30pm: Maiden (PA) Dh80,000 1,600m
Winner: AF Alareeq, Connor Beasley, Ahmed Al Mehairbi
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Why it pays to compare
A comparison of sending Dh20,000 from the UAE using two different routes at the same time - the first direct from a UAE bank to a bank in Germany, and the second from the same UAE bank via an online platform to Germany - found key differences in cost and speed. The transfers were both initiated on January 30.
Route 1: bank transfer
The UAE bank charged Dh152.25 for the Dh20,000 transfer. On top of that, their exchange rate margin added a difference of around Dh415, compared with the mid-market rate.
Total cost: Dh567.25 - around 2.9 per cent of the total amount
Total received: €4,670.30
Route 2: online platform
The UAE bank’s charge for sending Dh20,000 to a UK dirham-denominated account was Dh2.10. The exchange rate margin cost was Dh60, plus a Dh12 fee.
Total cost: Dh74.10, around 0.4 per cent of the transaction
Total received: €4,756
The UAE bank transfer was far quicker – around two to three working days, while the online platform took around four to five days, but was considerably cheaper. In the online platform transfer, the funds were also exposed to currency risk during the period it took for them to arrive.
