The Dubai rental dispute is over an apartment in International City. Antonie Robertson / The National
The Dubai rental dispute is over an apartment in International City. Antonie Robertson / The National

Homefront: Is a one-month penalty fair for terminating a rental contract after one week?



We rented an apartment for one of our staff members in the International City. The landlord refused to reduce the rent ahead of the contract renewal, so I sent a vacating notice three months before the expiry date, which was accepted by the landlord. Just a week before the tenant was due to move out, the landlord agreed to our price so we asked him to send us a new tenancy contract for rent. Unfortunately, the staff member then had to leave so we did not need the apartment anymore. We sent an email (a week after the expiry of the current lease) informing the landlord that we would not renew and that we would hand over the key and the access card. Now he is refusing to accept the handover saying that we have overstayed by a week (which is true ) and that we cannot just vacate the property without paying a one-month penalty. What needs to be done if the handover is refused? RP, Dubai 

The first question to ask is what does the contract says about penalties? The other point is that the landlord believed the tenant would stay on, so I question why you would inform him that this was not the case after one week had lapsed? The landlord does have a point.

You should have checked with the tenant before agreeing to a new contract. Now the landlord is faced with finding a new tenant quickly to mitigate his void period, so is demanding compensation.

I suggest that the penalty of one month rent is a small price to pay given that, in reality, one week was still “under contract”. For your case, I believe this has been an expensive lesson but one that I’m sure you have now learnt, so will not repeat.

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Read more:

Homefront: 'Can I get the deposit back if I don't move into my Dubai apartment?'

Homefront: 'My mouldy apartment is making me sick but the agency is refusing to clean it up'

Homefront: Can I demand a month's free rent for noisy construction work next to my Dubai apartment?

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I signed a tenancy contract last month for a studio apartment in Silicon Oasis. The tenancy contract states that the tenant has to pay for:

1. Any maintenance above Dh500

2. Chilled water (when I checked this with building management, they said the building was chiller free and that no meters were present)

Also the apartment is meant to be handed over to me very soon but until now, the agent has not organised the Ejari. Please advise what I should do? RG, Dubai 

Firstly, when it comes to maintenance, the norm is for the tenant to pay for any repairs or services needed under Dh500 and anything above this figure ought to be the responsibility of the landlord. For some reason, your contract is the other way round, so I would definitely change this.

The second point about the tenant paying for chilled water would normally mean the consumption of AC in the apartment. If this building is chiller free and no meter is present you cannot possibly pay for the chiller. This is then the responsibility of the landlord as it will form part of the maintenance charges.

If the tenancy agreement also started on a certain date and you have not moved in yet, I suggest you either get a refund for the days that the apartment has not been given to you or the contract is altered to reflect the date that it will be handed over to you.

Mario Volpi is the chief sales officer for Kensington Exclusive Properties and has worked in the property industry for over 30 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@kensington.ae

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MATCH INFO

Newcastle United 3
Gayle (23'), Perez (59', 63')

Chelsea 0

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If you go

Flights

Emirates flies from Dubai to Phnom Penh with a stop in Yangon from Dh3,075, and Etihad flies from Abu Dhabi to Phnom Penh with its partner Bangkok Airlines from Dh2,763. These trips take about nine hours each and both include taxes. From there, a road transfer takes at least four hours; airlines including KC Airlines (www.kcairlines.com) offer quick connecting flights from Phnom Penh to Sihanoukville from about $100 (Dh367) return including taxes. Air Asia, Malindo Air and Malaysian Airlines fly direct from Kuala Lumpur to Sihanoukville from $54 each way. Next year, direct flights are due to launch between Bangkok and Sihanoukville, which will cut the journey time by a third.

The stay

Rooms at Alila Villas Koh Russey (www.alilahotels.com/ kohrussey) cost from $385 per night including taxes.

Singham Again

Director: Rohit Shetty

Stars: Ajay Devgn, Kareena Kapoor Khan, Ranveer Singh, Akshay Kumar, Tiger Shroff, Deepika Padukone

Rating: 3/5

TRAP

Starring: Josh Hartnett, Saleka Shyamalan, Ariel Donaghue

Director: M Night Shyamalan

Rating: 3/5

BEACH SOCCER WORLD CUP

Group A

Paraguay
Japan
Switzerland
USA

Group B

Uruguay
Mexico
Italy
Tahiti

Group C

Belarus
UAE
Senegal
Russia

Group D

Brazil
Oman
Portugal
Nigeria

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MATCH INFO

Uefa Champions League semi-finals, first leg
Liverpool v Roma

When: April 24, 10.45pm kick-off (UAE)
Where: Anfield, Liverpool
Live: BeIN Sports HD
Second leg: May 2, Stadio Olimpico, Rome

How green is the expo nursery?

Some 400,000 shrubs and 13,000 trees in the on-site nursery

An additional 450,000 shrubs and 4,000 trees to be delivered in the months leading up to the expo

Ghaf, date palm, acacia arabica, acacia tortilis, vitex or sage, techoma and the salvadora are just some heat tolerant native plants in the nursery

Approximately 340 species of shrubs and trees selected for diverse landscape

The nursery team works exclusively with organic fertilisers and pesticides

All shrubs and trees supplied by Dubai Municipality

Most sourced from farms, nurseries across the country

Plants and trees are re-potted when they arrive at nursery to give them room to grow

Some mature trees are in open areas or planted within the expo site

Green waste is recycled as compost

Treated sewage effluent supplied by Dubai Municipality is used to meet the majority of the nursery’s irrigation needs

Construction workforce peaked at 40,000 workers

About 65,000 people have signed up to volunteer

Main themes of expo is  ‘Connecting Minds, Creating the Future’ and three subthemes of opportunity, mobility and sustainability.

Expo 2020 Dubai to open in October 2020 and run for six months

Results:

5pm: Maiden (PA) Dh80,000 2,200m | Winner: AF Al Montaqem, Bernardo Pinheiro (jockey), Ernst Oertel (trainer)

5.30pm: Maiden (PA) Dh80,000 1,200m | Winner: Daber W’Rsan, Connor Beasley, Jaci Wickham

6pm: Handicap (PA) Dh85,000 1,600m | Winner: Bainoona, Fabrice Veron, Eric Lemartinel

6.30pm: Handicap (PA) Dh80,000 1,600m | Winner: AF Makerah, Antonio Fresu, Ernst Oertel

7pm: Wathba Stallions Cup Handicap (PA) Dh70,000 | Winner: AF Motaghatres, Antonio Fresu, Ernst Oertel

7.30pm: Handicap (TB) Dh90,000 1,600m | Winner: Tafakhor, Ronan Whelan, Ali Rashid Al Raihe

Company%20Profile
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Biog

Mr Kandhari is legally authorised to conduct marriages in the gurdwara

He has officiated weddings of Sikhs and people of different faiths from Malaysia, Sri Lanka, Russia, the US and Canada

Father of two sons, grandfather of six

Plays golf once a week

Enjoys trying new holiday destinations with his wife and family

Walks for an hour every morning

Completed a Bachelor of Commerce degree in Loyola College, Chennai, India

2019 is a milestone because he completes 50 years in business

 


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