Property News · March 23, 2016

Dubai tenant shut out, has electricity and water cut off as landlord demands more rent



I was staying in a one-bedroom apartment in Dubai which was in my uncle’s name. The tenancy expired and I wanted to put the contract in my name. The owner changed so I asked them to change the tenancy name. They said they would increase the rent, which had already been hiked by the previous owner more than the rental index allowed. I agreed to the new amount and gave them the first instalment in cash and the rest in three cheques. They gave me the receipts and said I had to wait for the landlord to sign the contract before they could give it to me. I asked for it several times, and they then said I had to pay more as they had calculated the wrong amount. Where do I stand here? Plus, the landlord is now bothering my family (we have an eight-month old baby) by disconnecting the electricity and water and ordering security not to let me enter my premises. KM, Dubai
You have not been treated in a very professional manner. The landlord can increase the rent on a renewal only if the RERA rental calculator allows for this increase and that this information is communicated to the tenant at least 90 days notice. Having said this, if you have already accepted this over and above the RERA index rental hike, then there is nothing more you can do. If the landlord has now changed his mind and wants more rent than was previously agreed, this is then not allowed especially as he has the rent money already paid to him. Your options are to file a case at the rental committee quoting unfair rental hike against the permissible amount as per the rental calculator. On the subject of personal harassment, the landlord is not allowed to disconnect the water or electricity even if he is in dispute with you. Blocking your access to the property is also not allowed.
I want to leave my apartment before the contract is completed and want to know what rights a tenant has. Can I just give notice and, if yes, how much notice period do I need to serve. Also what will the penalty be? The building manager has told me that I will have to pay a penalty of Dh9,500 no matter what my circumstances. NC, Dubai In pretty much all tenancy agreements now, there are clauses within addendums that allow tenants to leave the property before the contract expires for unforeseen circumstances such as job losses etc. With these break clauses come penalties and in most cases the penalty is between one to two months rent. Leaving before a contract expires without any penalties can only be achieved if you are able to negotiate more favourable terms with your landlord. As an example, if you found another suitable tenant to take over your agreement so that there would be no void period for the landlord and he would not be out of pocket. It’s unlikely he would then go on and charge you a penalty for leaving early. The penalty is there to soften the blow for the landlord when a tenant wishes to vacate early. My advice would be to give the landlord as much notice as possible and to also try to find another tenant for the property yourself.
I renewed my tenancy contract on February 15 and my landlord sent me an eviction notice from Dubai Court on February 19, so four days after the renewal. I have read that the landlord must send the eviction notice before the renewal. The reason for eviction is that he wants to do some renovations on the flat. Should I vacate next year or stay? SB, Dubai Law 33 of 2008 states that a landlord may seek eviction from a tenant by giving 12 months notice sent either via notary public or registered mail upon expiry of the tenancy agreement. The fact that your landlord sent the eviction notice after the contract started (albeit only four days into the new contract) shows he has not followed the correct procedure. That said, it is always up to a presiding judge of the rental dispute committee to decide who is correct as any judgement is not set on precedent but each case is looked at on an individual basis.
In theory you would be in your right to request he sends you another notification, only this time, sent upon expiry of the agreement for next year. In practice, as stated, you are both in the hands of the judge. Another factor is that, yes, you landlord is entitled to request your eviction for reasons of renovation or comprehensive maintenance which cannot be executed while you are occupying the property but he has to provide a technical report that would be issued by the municipality or accredited by them. I suggest you engage with your landlord to explain the above and see if a compromise can be agreed upon.
Mario Volpi is a real estate professional who has worked within the industry for the past 31 years in London and Dubai. The opinions expressed in this article are those of the author and they do not reflect in any way those of the institutions to which he is affiliated. It does not constitute legal advice and is provided for information only. Please send any questions to mariovolpi64@gmail.com

Source : thenational.ae
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