I bought an apartment on the Palm Jumeirah in August 2016, the seller of which had already served an eviction notice via the notary in May stating that he wishes the tenant to move out (in 12 months’ time etc) due to the sale of the property. The tenant says that now that the sale has been completed he needs another notice, from me as the new landlord, stating my reasons for wishing him to leave – and that the new notice would reset the clock, so he is able to stay until August 2017. Does the sale invalidate the first notice, or am I still entitled to rely on the old owner’s eviction notice? The information available online is very contradictory and even the Land Department/Rera don’t know the answer. JN, Dubai
Your dilemma is a tricky one to accurately give advice on because the law is silent on this. The facts are, the tenant was served a correct 12 months notification to vacate for reasons of selling, therefore I do not see why this notice now becomes obsolete in the eyes of the tenant. The sale should not invalidate the notice, in fact quite the opposite as the reason for eviction has now become a reality. Having said this, I have witnessed instances where a tenant has won the right to request a second notice. This doesn’t mean however that this sets a precedent. If you do not wish to send your own notification for reason of presumably moving in yourself, then your only other recourse would be to file a case at the rental dispute committee who will ultimately make a judgement specifically for your case. I realise this is probably not quite the answer you are looking for but sadly if you (hypothetically) go ahead and ask five different people this question, I suspect you will get five different answers.
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 firstname.lastname@example.org