British expat stuck living in hotel apartment after UAE property purchase

British landlord living in a hotel apartment must either wait 18 months to move into his newly bought property or negotiate with the tenant directly to come to a deal.

Mario Volpi advises on the latest property issues. Pictured, Palm Jumeirah in Dubai. Pawan Singh / The National

I recently moved from the UK and purchased a property with existing tenants. Their contract expires on January 31, 2017. I am currently staying at a hotel apartment and want to move into my property as soon as possible. Legally do I need to serve a one-year notice and will that be applicable from the day I send the notice or from January 31, 2017 when the contract expires? Also is there any other way I can move into the property sooner? Also how much notice can a tenant give if he wishes to leave earlier than the contract expiry? NJ, UAE

For the purpose of this reply, I assume the property in question is in Dubai.

Serving the 12 months' notice to vacate to a tenant occupying a property that you wish to regain for own usage is, according to the wording of Law 33 of 2008, done as follows: Section 25 (Clause 2) states "Landlord may demand eviction of tenant upon expiry of tenancy contract".

And for the purpose of this article, “landlord must notify tenant with reasons for eviction at least 12 months prior to the determined date of eviction subject that such not­ice be sent through the notary public or by registered mail”.

This wording could be open to interpretation by some, but I see it as the notice has to be served upon expiry of the agreement, thus giving the tenant one last year in the property from the expiry of the agreement before you can gain possession.

I have in the past got into heated discussions with lawyers stating that their landlord clients have served the 12 months’ notice at any point during the contractual term and still won cases.

I have also heard of landlords not gaining possession before the 12 months’ expiry from the date of the expiry too.

So you can see that there is a level of confusion.

All I can say is that the actual outcome of whether the 12 months is served as per the wording of the law, ie upon expiry of tenancy contract or at any time, remains at the discretion and judgment of the rental dispute committee should a case be brought in front of them.

Another way to gain vacant possession sooner would be to agree some sort of compensation with the tenant should they agree to move out earlier.

I’m sure that if such an offer would be generous enough, the tenant would agree to vacate beforehand.

Any changes to a contract have to be put in writing, giving at least 90 days’ notice to the other party of such changes, therefore if the tenant wishes to vacate earlier, they would need to let you know at least 90 days before the expiration of the contract.

I am an expatriate living in Abu Dhabi and want to bring my 23-year-old son here on a residence visa. Can I get a visa on the basis of owning a property costing more than Dh1 million in Abu Dhabi, and is it possible for me to sponsor my son on a visa of this type? Also, how and where do I apply for a pro­perty-linked residence visa in Abu Dhabi? DM, Abu Dhabi

Investment visas are avail­able for anyone who purchases a complete property outright (no mortgage) worth more than Dh1m.

Each emirate has differing procedures, so I suggest you contact the Abu Dhabi department of naturalisation, residence and foreign affairs.

The cost is Dh1,100 plus renewal costs of the visa.

You will also have to show proof that your earnings are at least Dh10,000 per month.

You will be able to sponsor your son once you have this visa in place, but please remember that the investment visa is considered a type of visit visa that needs to be renewed and neither you nor your dependent(s) will be allowed to work in the UAE under this visa.

As an alternative suggestion, if you are currently in employment, it may be easier for you to sponsor your son while holding a residence visa via your employer.

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 [e-mail].

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