The National - News

Good communicat­ion can solve confusion over rental contracts Q

- MARIO VOLPI 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 o

I have a question about the interpreta­tion of Article 13 and Article 14 of the Law No. 33 of 2008 regarding “amending some provisions of Law No. 26 of 2007 regulating relationsh­ip between landlords and tenants in the emirate of Dubai” (the Rental Law). Am I obliged to give the landlord 90 days’ notice, even if the contract expires on a specific day? Is this how the term “amend” used in these articles is interprete­d? I have checked the legal definition and nowhere is this term interprete­d as “terminatio­n”; also we have a clear expiry date on the contract. And should any informatio­n about 90 days notice or referral to articles mentioned above be included in my contract? In my contract it isn’t and I am in dispute with my landlord, so I am trying to find the answer. DK, Dubai A

A rental contract automatica­lly renews unless either party informs the other (in writing) otherwise. While I agree with you that a contract has a start and end date, it is always good practice to communicat­e with the other party about your intentions, especially given the above automatic renewal statement.

Law 33 of 2008 does state that any changes to a contract have to be communicat­ed (in writing) to the other party, giving at least 90 days’ notice because as stated, the contract automatica­lly renews on the same terms and conditions as before. Unless either party informs the other of any changes, it is possible that it is assumed the current status quo would therefore continue. Remember that changes can be anything such as the number of cheques paid, the rental amount either up or down etc.

In many cases it is understood that the legal need to inform the landlord of non renewal has been removed but no communicat­ion of intentions is also not the way forward as the landlord would require time to find another tenant and of course it would be polite to keep the landlord informed.

So you can see that with all these different interpreta­tions, it is possible that there can be confusion as to what is the definitive right way to move forward. Given that your current contract does not make reference as to how to end the contract definitive­ly, I suggest that if you are still in dispute with your landlord, either you or he should file a case at the rental dispute settlement committee for a final judgement. I have an issue with a villa I am buying off-plan. I have discovered a mosque is being built in front of my villa in the area designated for a park. I called the sales director who said this was a temporary structure but the operations manager confirmed it is permanent. He says the authoritie­s have asked for it to be constructe­d there. I signed up for a private villa away from the mall and finally am confronted with a place that will be frequented all through the day. The sales director says he is sympatheti­c but nothing can be done as common areas belong to the developer and he can decide what he wants there. What are my rights here, if I have any? PS, Dubai

While the intricacie­s of this case could develop into many complicate­d arguments, it is fair to say that the quick answer to your question is yes, you can file a compensati­on claim against the developer for constructi­ng the mosque even if it is not their decision to build. This of course is on the proviso that it was not part of the initial master plan and that you did not have prior knowledge of this before signing the sale and purchase agreement. Given the above, you ought to be able to receive some sort of compensati­on. The reality of this process will mean that you most likely will need the services of a lawyer.

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