Join us in discussions and sharing pictures about projects of Ajman by creating an account just now!

Rent in Ajman

Imre's picture

'Translate tenancy contract' before signing

Dubai: With the boom in construction industry and rapidly increasing population in the country, problems related to tenancy are also rampant keeping rent committees in the emirates busy.

To protect the rights of both tenants and landlords, Ajman has established a rent committee to settle tenancy disputes in the emirate, which has seen sharp growth in real estate business recently.

Gulf News spoke to Dr Khalifa Rashid Al Sha'ali, Chairman of Ajman Rent Committee, about the role the committee is playing, and the rules and regulations related to tenancy.

As a lawyer and professor in criminal and civil law, Dr Al Sha'ali advised tenants on what to do to avoid harassment by the landlords.

He said for rent committee, a tenant and a landlord are two parties in a tenancy dispute and one of them will be the winner in the end.

Gulf News: Why do we have rent committees in each emirate and why one cannot go directly to court in case of tenancy dispute?
Dr Khalifa Rashid Al Sha'ali: Authorities established such committees since they believe that the part in the Federal Law, specifically the civil law, that is related to tenancy relations does not precisely cover relations between landlords and tenants.

The regulation in the Federal Law misses some important issues and was not coping with the rapid changes and development in the field of construction.

I think it would have been better if each emirate had established in its courts a special department to solve and regulate disputes between landlords and tenants.

Can tenants or landlords also approach courts for tenancy dispute?
No, but the courts are supervising such disputes. The local law in each emirate does not allow courts to accept such cases directly.

Does the Federal Law regulates the relation between tenants and landlords?
The Federal Civil Law in general covers such issues but each emirate solves tenancy disputes through local laws because they are mostly localised issues.

It seems you are not satisfied about the system of having rent committees to solve tenancy disputes?
My objection about the local laws in each emirate in relation to tenancy dispute is that people cannot appeal their case in the court after it is decided by the rent committee.

It is unfair for them and that is against the constitution, which gives each one the right to appeal his or her case to have justice.

Do you believe that the tenancy committees in each emirate are playing a vital role in regulating the relation between the tenant and the landlord?
Such committees are capable of solving most of the problems but it would be better if such disputes are solved under Federal Law.

We have come to know that cases of tenancy dispute are flooding the rent committees.
You know many cases happened due to language issue. Some tenants sign the contract written in Arabic without understanding what is written in it.

I advise every one to get the contract translated into a language they understand.

Get someone to translate for you the contract to be one the safe side. Many people come to us saying that they did not know that so and so was written in the contract.

The committee does not accept this excuse because it their fault that they did not make efforts to translate the contract.

What can tenants do to avoid such disputes with the landlords?
Of course one needs signed and authorised tenancy contract.

Tenants should not accept any private and additional conditions in the tenancy contract which could benefit only the landlord such as a condition which sets specific date for evicting the place.

One should pay the tenancy fee on time and to sign the contract before its expiration.

What to do to avoid being evicted from your house or shop?To avoid eviction one should use the place only for the purpose he or she rents it for. Do not sublease the place without the agreement of the landlord. Sign the contract. Do not leave the place without using it for six months or more.

When does the landlords have the right to evict tenants before the expiration of the contract?
For personal use. If the landlord proves to the committee that he or she wants to use the place for personal reasons the committee will investigate and if it is proved that they need it for personal use, the tenant should leave the place even if the tenancy contract is still affective.

Also if the place is going to be demolished for one reason or another and the municipality approves that and if the tenant violates any of the above mentioned issues.

Do you receive most disputes related to rent hikes?
Yes, we do. Some emirates have put rent cap. The boom in construction and increase in population are some of the reasons for the increase in rents.

Does the freehold properties come under the committees regulations?
Not at all. Farms, hotels, workers' accommodations, and furnished apartments also do not come under the jurisdiction of the committees.

Public say tenancy committees are not really affective?
In contrary people say that the committees are solving their problems quickly.

But are the committees always taking the side of the tenant?The committees are on the side of justice. We do not take sides.
(Gulfnews)

Imre's picture

Rent in Ajman

"When does the landlords have the right to evict tenants before the expiration of the contract?
For personal use. If the landlord proves to the committee that he or she wants to use the place for personal reasons the committee will investigate and if it is proved that they need it for personal use, the tenant should leave the place even if the tenancy contract is still affective."

So, If I want to use my apartment the tenant should leave the place.

Rent In Ajman

Hi Imre,

Thank for for bringing this important article of interest. I think it is good as long as the process is quick. By the way is there a rent capping in ajman.

oshurie

Who is in charge of disputes over freehold properties?

Please pay attention to this part of the above inteview:
"Does the freehold properties come under the committees regulations?
Not at all. Farms, hotels, workers' accommodations, and furnished apartments also do not come under the jurisdiction of the committees."

So who is in charge of disputes over freehold properties?....court?

dubai property1's picture

sara

Thanks for the information.It is really very useful interesting analysis.That is very amazing rents are still very high in Abu Dhabi.

http://www.bayut.com

sara

Great information you have provide above I like your way of thinking and useful update about Abu Dhabi rents.

http://www.bayut.com