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Abu Dhabi, UAEFriday 19 April 2019

Homefront: 'Can my landlord move in if he has another home to live in?'

The Dubai tenant does not want to be evicted from his home

The reader's tenancy agreement includes a rental-increase clause based on the Rera rental calculator. Pawan Singh / The National 
The reader's tenancy agreement includes a rental-increase clause based on the Rera rental calculator. Pawan Singh / The National 

I have a one-year tenancy agreement that includes a rental increase clause based on the Rera calculator. I would like to continue renting the property and am willing to pay a rental increase as per the calculator, so can the landlord still refuse to renew? I understand the law states that he must make a claim that he wishes to live in the house himself before he can ask me to move out. My landlord currently lives in another property that he owns, so can he switch houses and rent out the other one? I understand that if he already has a house he can live in, this would prevent him from refusing an extension of my tenancy. Or can he refuse outright and try to find another tenant? OT, Dubai

Despite the fact your contract states a one-year tenancy agreement, your landlord cannot refuse to allow you to continue to lease the property. There are several reasons why a landlord could refuse and many of those include if the tenant is either not paying rent or is acting in an immoral fashion.

There are four main reasons why a landlord would seek to evict a tenant:

1. If the landlord wishes to sell.

2. If he or she wishes to move into the property themselves or have a first-degree, next-of-kin relative who wishes to move in. In this case, the landlord has to prove that they do not own another suitable property they could use instead.

3. If the property required extensive modernisation that would make it impossible to live in while the work was being carried out.

4. If the property required demolition.

In the last two cases, the landlord has to seek consent and documentation from the relevant authorities.

In all of the four cases above, the landlord is required to give you 12 months' written notice, sent via notary public or registered mail.

So as long as you pay rent on time and do not do anything illegal or immoral in the property, your tenure should be safe and you should be able to continue to live at the property.

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Read more:

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I have been renting a property for several years that the owner has recently sold. The new owners want to move in and are expecting us to dry-clean the curtains and all sorts of ridiculous things. The property is in far better shape than when we first moved into it. What is deemed reasonable? HA, Dubai

You do not mention if the landlord or the new owner has issued you with a 12-month eviction notice. This notice is mandatory and should be sent via registered mail or notary public. If this has not been issued in this way, you are entitled to remain in the property. If, however, it was sent, then after the 12-month eviction period has expired, your obligation is to return the property in the exact condition as it was given to you. Remember, that fair wear and tear is also leeway for you, but if something is dirty, then it should be cleaned.

Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for 34 years in London and Dubai.

The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkers.com

Updated: December 27, 2018 10:57 AM

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