Dubi Tenants fight back against illegal rent increases
#1
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Joined: Mar 2012
Location: Dubai, working at Dust World Central
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Dubi Tenants fight back against illegal rent increases
Interesting Article:
Tenants who know their rights are taking on landlords trying to impose illegal rent rises – and the tenants are winning.
Mohammed Bin Hammad, a senior director in Rera’s regulatory department, said tenants and landlords should try to negotiate first.
“If this fails, a tenant who has registered his tenancy agreement through Rera can send an official letter through a public notary indicating that he wishes to renew the contract as per the law,” he said.
“In case the landlord still refuses then a dispute case can be filed with the Rent Committee.”
Shahram Safai, a partner at Afridi & Angell legal consultants, said the landlord would need to approach the Rent Committee.
“In negotiations the tenant can say I will pay you the existing amount and the amount that is allowed by law and I will not move out because you don’t have the right to raise rent this much,” he said. “If the landlord does not back down, the tenant can refuse to pay the higher amount. They can say they will not pay the illegal rent and can continue in possession on the existing rent or the maximum rent applicable.”
Tenants can check average rents for their area on the Rera website. The index is updated three times a year. Decisions by Dubai Municipality’s Rent Committee are considered binding.
Legal experts said the law also gives tenants time. “A landlord is required to give at least 90 days’ notice before renewal for any change to rental terms, including rent,” said Alexis Waller, a partner at Clyde & Co.
“So if a tenant has not had 90 days’ notice of any intended rent hike they can argue this provision.”
http://www.thenational.ae/news/uae-n...-as-much-as-50
Tenants who know their rights are taking on landlords trying to impose illegal rent rises – and the tenants are winning.
Mohammed Bin Hammad, a senior director in Rera’s regulatory department, said tenants and landlords should try to negotiate first.
“If this fails, a tenant who has registered his tenancy agreement through Rera can send an official letter through a public notary indicating that he wishes to renew the contract as per the law,” he said.
“In case the landlord still refuses then a dispute case can be filed with the Rent Committee.”
Shahram Safai, a partner at Afridi & Angell legal consultants, said the landlord would need to approach the Rent Committee.
“In negotiations the tenant can say I will pay you the existing amount and the amount that is allowed by law and I will not move out because you don’t have the right to raise rent this much,” he said. “If the landlord does not back down, the tenant can refuse to pay the higher amount. They can say they will not pay the illegal rent and can continue in possession on the existing rent or the maximum rent applicable.”
Tenants can check average rents for their area on the Rera website. The index is updated three times a year. Decisions by Dubai Municipality’s Rent Committee are considered binding.
Legal experts said the law also gives tenants time. “A landlord is required to give at least 90 days’ notice before renewal for any change to rental terms, including rent,” said Alexis Waller, a partner at Clyde & Co.
“So if a tenant has not had 90 days’ notice of any intended rent hike they can argue this provision.”
http://www.thenational.ae/news/uae-n...-as-much-as-50
#2
Re: Dubi Tenants fight back against illegal rent increases
Not saying this is a severely blurry eyed morning for me (and the one day of the year where I deserve what I can't get in a bottle here) but I can't see past this:
#3
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Re: Dubi Tenants fight back against illegal rent increases
Our Landlords, mentioning no names but it contains the words Al Naboodah, are trying a new twist. They have written to their residential tenants advising that they are no longer paying for property maintenance.
#4
Re: Dubi Tenants fight back against illegal rent increases
I expect in a few more years Landlords will have their full obligations, including maintenance spelled out for them.
N.
#5
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Location: Dubai, working at Dust World Central
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Re: Dubi Tenants fight back against illegal rent increases
Law No. 26 of 2007:
Landlord Obligations
Article (15
Landlord shall be committed to handover the premises in good condition that enables tenant to obtain the benefit subject of the contract
Article (16
Landlord shall, during validity of contract, be liable for handling maintenance of property and shall rectify any defects or faults that affect tenant’s targeted benefit from the premises unless the two parties agree otherwise.
http://www.dubailand.gov.ae/english/...s/Law%2026.pdf
#6
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Re: Dubi Tenants fight back against illegal rent increases
Maintenance is already covered under the law:
Law No. 26 of 2007:
Landlord Obligations
Article (15
Landlord shall be committed to handover the premises in good condition that enables tenant to obtain the benefit subject of the contract
Article (16
Landlord shall, during validity of contract, be liable for handling maintenance of property and shall rectify any defects or faults that affect tenant’s targeted benefit from the premises unless the two parties agree otherwise.
http://www.dubailand.gov.ae/english/...s/Law%2026.pdf
Law No. 26 of 2007:
Landlord Obligations
Article (15
Landlord shall be committed to handover the premises in good condition that enables tenant to obtain the benefit subject of the contract
Article (16
Landlord shall, during validity of contract, be liable for handling maintenance of property and shall rectify any defects or faults that affect tenant’s targeted benefit from the premises unless the two parties agree otherwise.
http://www.dubailand.gov.ae/english/...s/Law%2026.pdf
#7
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Joined: Oct 2009
Location: Dubai
Posts: 1,291
Re: Dubi Tenants fight back against illegal rent increases
Things have changed. The rental market here is now highly regulated and for tenants, the law really is on your side. Landlords now have to give 12 months' notice to vacate and cannot put your rent up if it already falls within the band for your area.