In February 2016, I rented a villa for two years. I paid the cheques for the rent in advance for two years. Now, I would like to leave the villa for two reasons. One, the landlord is not doing maintenance, especially of the air-conditioning unit, even though the tenancy contract mentions that all maintenance would be done by the landlord. Second, as per the tenancy contract, the landlord is supposed to provide gym, swimming pool and parking facilities. Two months ago, I received a letter from the real estate office saying that they are going to charge me for these facilities. The real estate office told me that if I terminate the contract midway, it would not return the post-dated cheques for the remaining months’ rent. Is the real estate office entitled to retain the cheques when I had sent them a letter notifying them about the termination of the tenancy contract? Please advise me.

I would like to clarify that as per the Dubai rental law, the questioner may not terminate the tenancy contract unless he obtains the consent of the landlord, as the contract is binding on both parties and no party is entitled to terminate the same without the consent of the other.

Clause No. 11 of the Dubai rental law 26 of 2007 mentions the following: The tenancy contract rent payment includes the benefits of using the facilities on the premises such as the gym, swimming pool, car parking, playground, health club and others unless otherwise agreed on.

Therefore, the landlord has no right as per the above-mentioned article to ask for extra money for these which the questioner is entitled to use as part of the tenancy contract. In case no amicable solution is reached with the landlord, the questioner has the right to file a rental case against the landlord in this regard.

Gratuity after change in ownership

I have been working in a company for more than six years. Four months ago, the owner sold the company and its contents to another person and I have not been getting my salary for more than three months. I requested my new employer to pay me my end-of-service dues but he refused. A month ago, the new owner terminated my labour contract. The new employer says he will only pay me my pending salary not the end-of-service dues of six years. As per him, I must claim that amount from the old employer, as he had already agreed with my previous employer that the latter would pay my end-of-service dues. My question is: Who is liable for my overdue salary as well as the end-of-service gratuity?

Article 126 of Federal Labour Law No. 8 of 1980 states: “Where a change occurs in the form or legal status of an establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the workers of the establishment, and their service shall be deemed to be continuous; both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; and after the expiry of this period, the new employer shall solely bear the liability.”

Questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants