{"id":23819,"date":"2016-08-24T15:50:51","date_gmt":"2016-08-24T08:50:51","guid":{"rendered":"http:\/\/www.siamlandbank.com\/propertynews\/?p=23819"},"modified":"2016-08-24T14:00:48","modified_gmt":"2016-08-24T07:00:48","slug":"dubai-tenant-wants-to-reverse-decision-to-move-in-after-things-turn-ugly-with-landlord","status":"publish","type":"post","link":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/dubai-tenant-wants-to-reverse-decision-to-move-in-after-things-turn-ugly-with-landlord\/","title":{"rendered":"Dubai tenant wants to reverse decision to move in after 'things turn ugly' with landlord"},"content":{"rendered":"


\nI bought an apartment on the Palm Jumeirah in August 2016, the seller of which had already served an eviction notice via the notary in May stating that he wishes the tenant to move out (in 12 months’ time etc) due to the sale of the property. The tenant says that now that the sale has been completed he needs another notice, from me as the new landlord, stating my reasons for wishing him to leave – and that the new notice would reset the clock, so he is able to stay until August 2017. Does the sale invalidate the first notice, or am I still entitled to rely on the old owner’s eviction notice? The information available online is very contradictory and even the Land Department\/Rera don’t know the answer. JN, Dubai Your dilemma is a tricky one to accurately give advice on because the law is silent on this. The facts are, the tenant was served a correct 12 months notification to vacate for reasons of selling, therefore I do not see why this notice now becomes obsolete in the eyes of the tenant. The sale should not invalidate the notice, in fact quite the opposite as the reason for eviction has now become a reality. Having said this, I have witnessed instances where a tenant has won the right to request a second notice. This doesn’t mean however that this sets a precedent. If you do not wish to send your own notification for reason of presumably moving in yourself, then your only other recourse would be to file a case at the rental dispute committee who will ultimately make a judgement specifically for your case. I realise this is probably not quite the answer you are looking for but sadly if you (hypothetically) go ahead and ask five different people this question, I suspect you will get five different answers.Mario Volpi is the chief sales officer for Kensington Exclusive Properties and has worked in the property industry for the past 32 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 mario.volpi@kensington.ae
\n
\nSource : thenational.ae
\nRead more…Dubai tenant wants to reverse decision to move in after ‘things turn ugly’ with landlord<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

I bought an apartment on the Palm Jumeirah in August 2016, the seller of which...<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1],"tags":[],"class_list":["post-23819","post","type-post","status-publish","format-standard","hentry","category-property-news"],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p75ss1-6cb","jetpack-related-posts":[{"id":37342,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/what-can-dubai-landlord-do-if-tenant-does-not-vacate-apartment-that-is-up-for-sale\/","url_meta":{"origin":23819,"position":0},"title":"What can Dubai landlord do if tenant does not vacate apartment that is up for sale?","date":"December 7, 2016","format":false,"excerpt":"\r We bought an apartment that is currently rented. An eviction notice was send to the tenant by the previous owner, registered in the court and sent by courier. The reason for the eviction is our intention to sell the apartment. I have been trying to contact the tenant but\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":37683,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/mario-volpi-what-can-dubai-landlord-do-if-tenant-does-not-vacate-apartment-that-is-up-for-sale\/","url_meta":{"origin":23819,"position":1},"title":"Mario Volpi: What can Dubai landlord do if tenant does not vacate apartment that is up for sale?","date":"December 7, 2016","format":false,"excerpt":"\r We bought an apartment that is currently rented. An eviction notice was send to the tenant by the previous owner, registered in the court and sent by courier. The reason for the eviction is our intention to sell the apartment. I have been trying to contact the tenant but\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":5058,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/dubai-tenant-gives-landlord-the-runaround-and-racks-up-emaar-fine\/","url_meta":{"origin":23819,"position":2},"title":"Dubai tenant gives landlord the runaround and racks up Emaar fine","date":"February 17, 2016","format":false,"excerpt":"\r \r We bought a property in Dubai five years ago - a one-bedroom apartment plus study. We rented it out as soon as we received the key and did not increase the rent, even though we could have done so last year. Every year it has been a struggle\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":20298,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/contract-will-renew-on-same-terms-if-abu-dhabi-landlord-and-tenant-do-not-communicate-with-60-days-notice\/","url_meta":{"origin":23819,"position":3},"title":"Contract will renew on same terms if Abu Dhabi landlord and tenant do not communicate with 60 days' notice","date":"July 20, 2016","format":false,"excerpt":"\r My contract mentions that: \"Prior to the end of lease period the tenant has to submit in sixty days, written notice that he is willing to either vacate the premises or renew the contract.\"Abu Dhabi Executive Council Decision No 32 for 2012, says that: \"In the event the landlord\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2818,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/can-dubai-tenant-be-evicted-by-landlord-without-12-month-notice\/","url_meta":{"origin":23819,"position":4},"title":"Can Dubai tenant be evicted by landlord without 12-month notice?","date":"January 27, 2016","format":false,"excerpt":"\r \r I would like to move into my apartment, which is currently being rented. I have three months before the expiration of the contract. I am aware that I need to give a 12-month notice by registered mail but what are my chances of going to the rent dispute\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":8908,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/dubai-tenant-shut-out-has-electricity-and-water-cut-off-as-landlord-demands-more-rent\/","url_meta":{"origin":23819,"position":5},"title":"Dubai tenant shut out, has electricity and water cut off as landlord demands more rent","date":"March 23, 2016","format":false,"excerpt":"\r \r 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\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts\/23819"}],"collection":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/comments?post=23819"}],"version-history":[{"count":0,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts\/23819\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/media?parent=23819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/categories?post=23819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/tags?post=23819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}