According to a survey conducted by Statistics Center of Dubai in 2006, about
85% of Dubai
population was made of expatriates. Majority of them lives in rental units. That
leaves them solely on landlord’s mercy. Rising rents have long been the biggest
worry for these expatriates, with rents getting doubled and tripled in no time.
This relation between tenants and landlords became more tensed with issues like
landlords vehemently asking tenants to vacate house without any prior notice. Dubai
Government first reacted by putting rental caps and now a new law signed by His
Highness Sheikh Mohamad bin Rashid Al Maktoum on 26th November 2007
has been introduced. Read on to see what kind of changes it will make.
Tenant’s Point of View:
Tenants are relieved in
many ways by this particular law. For instance
- Addressing the issue of abnormal
raise in rents, this law prevents any increase or amendment made in
tenancy contract for first two years.
- Decided rent will include the usage
of utilities like car parking or swimming pools. Landlord must provide the
property in sound quality.
- Article 16 of this law puts the
responsibility of property maintenance on landlord. But very next article
states that landlord shall not make any change which will affect the
tenant benefit in any way.
- The landlord cannot force tenants to
leave before the expiry of contract with exceptions like tenants failing
to pay rent value or if tenant starts using the property for some immoral
purpose, etc.
- If the reason disclosed for eviction
is possible collapse of property, because of its poor condition, landlord
must provide a technical report confirmed by Dubai Municipality.
- Another noteworthy clause of this law
is that if landlord restores the property for his/her own use on expiry of
contract, he/she cannot rent the property to anyone else for one year. If
it happens, the tenants can take legal action against him.
- Tenants should keep in mind that only
those contracts are valid which are in written form and registered with
RERA.
Landlord’s Perspective:
- Landlords will be restricted to
decided rent at the time of contract for two years. Keeping this in mind
they can decide a reasonable rent, taking into account factors like inflation
rate and time value of money.
- After two years, rent can be
modified. If both parties cannot settle on revised amount, this dispute will
be forwarded to judicial committee, who will then decide the amount of
rent.
- This law is not valid for hotel
establishments and any accommodation provided to employees from their
companies.
- The landlords are entitled to receive
rent value on agreed dates.
- Tenants cannot make any changes to
property without landlord’s consent.
- All taxes due to Government will be
paid by tenants.
This new law would definitely keep a check on alarmingly increasing tenant
problems. However there are some flaws, which will be dealt with, in near future
hopefully.
William King is the director of Wholesale
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and Pakistan Real Estate Directory & Property Portal: http://www.zameen.com/ . He has 18 years of
experience in the marketing and trading industries and has been helping
retailers, entrepreneurs and startups with their product sourcing, promotion,
marketing and supply chain requirements.