Can landlords ask sub-tenants to vacate their premises?

<div dir="ltr" style="text-align: left;" trbidi="on"> <h2 style="text-align: left;"> Can landlords ask sub-tenants to vacate their premises?</h2> <div> <div> Article 30 of Dubai’s Law 26 of 2007 states that if:</div> <div> <br /></div> <div> <a href="http://1.bp.blogspot.com/-WXuSpawikzc/UR8XegdM63I/AAAAAAAAE7E/KGZ4a-XNCFs/s1600/images.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img alt="rent in dubai, sale in dubai, buy villa in dubai, rent villa in dubai,rent apartment in dubai, rent office dubai" border="0" src="http://1.bp.blogspot.com/-WXuSpawikzc/UR8XegdM63I/AAAAAAAAE7E/KGZ4a-XNCFs/s1600/images.jpg" title="Can landlords ask sub-tenants to vacate their premises? " /></a>1. A property is subject to a head-lease (between the landlord and the tenant) and a sub-lease (between the tenant and the sub-tenant);</div> <div> <br /></div> <div> 2. The sub-lease was approved by the landlord; and</div> <div> <br /></div> <div> 3. The Dubai Municipality Rent Committee determines that the head-lease is terminated, then the sub-tenant is entitled to remain in the property for the remaining term of the sub-lease, on the terms of the sub-lease.</div> <div> <br /></div> <div> Article 25(1)(b) of Dubai’s Law 33 of 2008 states that if the tenant grants the sub-lease without the approval of the landlord, the landlord is entitled to follow a specific procedure to evict the tenant and the sub-tenant. In that event the sub-tenant retains its rights to claim compensation from the tenant.</div> <div> <br /></div> <div> Even if the landlord has not approved the sub-lease, and the head-lease is properly terminated, it does not necessarily mean that the sub-tenant must immediately vacate the property.</div> <div> <br /></div> <div> It is an important principle of law in the UAE that no person should be deprived of his or her home without due process. If a landlord does seek to evict a sub-tenant, there are various arguments that the sub-tenant can make against eviction.</div> <div> <h3 style="text-align: left;"> So, what are the options for the sub-tenant?</h3> </div> <div> If a landlord does ask the sub-tenant to vacate the property, the sub-tenant should first establish whether the landlord approved the sub-lease. If such approval was granted, then pursuant to Article 30 of Dubai’s Law 26 of 2007, the sub-tenant should not be evicted.</div> <div> <br /></div> <div> If such approval was not granted the sub-tenant should still contact the landlord to request confirmation of the reasons why the landlord believes it is entitled to evict the sub-tenant. The sub-tenant’s arguments against eviction are strengthened if the sub-tenant can demonstrate that it is not in breach of the sub-lease and is not responsible for any breach of the head-lease.</div> <div> <br /></div> <div> It may be appropriate for the sub-tenant to issue a written notice to the landlord refuting the landlord’s right to terminate or to file a case at the Dubai Municipality Rent Committee seeking a declaration that it is entitled to remain in the property until the expiry of the sub-lease.</div> <div> <h4 style="text-align: left;"> Is the Dubai Municipality Rent Committee decision final or can be challenged in court?</h4> </div> <div> A decision of the Dubai Municipality Rent Committee is final and binding. It cannot be appealed to the Dubai Courts. </div> <div> <h4 style="text-align: left;"> Should landlords allow companies, without property management licence, to sub-lease their properties?</h4> </div> <div> Different types of real estate activities require different types of real estate licences. One such activity is described by RERA as “Leasing and Management of Other People's Property”.</div> <div> <br /></div> <div> RERA states that this includes “firms engaged in managing commercial, residential, industrial buildings through contracting with the owner in order to re-lease on subcontracting bases”. Various conditions must be met before such a licence is issued. Accordingly, landlords should not permit companies that do not hold the necessary licence to sub-lease their properties.</div> </div> <div> <br /></div> </div>

Can landlords ask sub-tenants to vacate their premises? Article 30 of Dubai’s Law 26 of 2007 states that if: 1. A property is subje...

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