Landlords: Important Changes to Eviction Notices
Eviction Notices in Dubai may now be Transferable between a Seller and a Buyer.
Since the summer of 2023 there have been at least ten cases at the Rent Dispute Center (RDC) where judges have concluded that Eviction Notices are attached to the property so that the Seller and the Buyer are both protected.
Previously, buyers wanting to purchase a property and move-in themselves (end-users) have not been able to rely on a Seller’s Notice if a tenant is in occupation under a tenancy contract. After buying a property, potential end-users have been required to apply for a new 12-month eviction notice to occupy, even if a notice had already been served by the original landlord on a tenant via a Public Notary.
However, the following points should be noted:
(1) The law stated in Article 25 of Law 33 of 2008 on Eviction Notices remains the same, however the way it has been interpreted in recent court cases has changed so the Notice is attached to the property when there is a change of ownership.
(2) Any judgment made in the RDC is open to appeal and is not always used as precedent for similar cases in the future. The decision is up to the judge on the day and depending on the circumstances. Occasionally you can have two identical cases with different outcomes.
If the Seller (original landlord) has correctly served a 12-months Notice on the Tenant and the Notice states the intention to sell the property then after the Tenant vacates;
(a) The buyer (new landlord) can occupy the property.
(b) An investor, buyer who does not want to occupy the property, is not allowed to lease the property to a new tenant for two years after the eviction date. The investor does have the option to resell the property.
The Law states specific reasons why the Landlord may request eviction after the expiry of the lease / tenancy contract. These include reconstruction of the property, restoration that cannot be done during the tenant’s continuous occupation, personal use by the landlord or their first-degree relatives, or sale of the property.
The Notice should be served for at least 12 months before the eviction date through Notary Public or registered mail. It is important that the Notice is registered at Dubai Court.
The validity of the Notice may be contested by the tenant if the Notice was not duly served through Notary Public or registered mail, if the minimum notice period was not given, or the reasons mentioned in the notice were either not valid reasons acceptable in the law, or were false.
Always seek the expert advice of a specialist lawyer and/or the Rent Dispute Center.
The above information is provided as guidance only. Because laws can change and the interpretation of judges can be different, it is recommended to seek the advice of a lawyer with experience of Landlord & Tenant Law and/or contact the Rent Dispute Center for up-to-date advice.
Further reference: The National News 2nd February 2024
How to reach the Rental Dispute Settlement Centre (RDC)
Visit - Dubai Land Department, Baniyas Road, Deira. Location
You can also call the RDC customer service number on 8004488, Monday to Friday, 7.30am to 4.30pm
