I have rented a three-bedroom villa in Dubai. The tenancy contract is in my name. However, since the rent was high, I decided to share the villa with another man and his small family on the understanding that he pays half the rent. We paid the annual rent in three cheques. However, the real estate company refused to accept post-dated cheques issued in different names. They accepted the first instalment by two cheques (mine and the other person’s). The second and third instalment cheques were mine. My villa-mate’s two cheques were returned to me, which I kept as security for the next payment. I planned on asking him to replace the cheques with cash. The first instalment covers the rental period till October. I have continued to share the villa with this man and his family, but now I am not happy with the way they live and asked him to leave (I gave him two months’ notice). He refused to do so, claiming that he is part-tenant. He also threatened to take me to rental court and has already filed a complaint against the real estate company. The company is now creating problems for me. This man wants me to sign a document saying that I have taken his cheques and made him part-tenant. He says he will not move before a year. How can I resolve this matter amicably? I am ready to return all his cheques, but he owes me the money I have spent moving into the villa plus the electricity bills. He refuses to settle the dues and is insisting I sign an agreement with him.
I advise that reviewing the terms of the tenancy contract is a must. If the tenancy contract does not determine the right of the tenant to sublease the premises, then the questioner’s act is illegal. He has violated the tenancy contract by subleasing the premises without permission. In such a situation, the real estate company has the right to file a case seeking termination of the tenancy contract. As for the person sharing the villa with the questioner, the questioner may amicably negotiate the matter with the real estate company or refer the matter to the Rental Committee at Dubai Municipality in case there is no amicable solution.
On the other hand, if the tenancy contract allows the tenant to sublease the premises, then the person sharing in the villa is considered a partner in the tenancy contract, which is proven by the cheques issued to the real estate company as well as the cheques deposited with the questioner as a guarantee for the remaining period of rent. This means that the person sharing in the villa — in such case — also has rights as a tenant. Thus I advise the questioner to seek all possible ways to resolve the matter amicably.
Row over commission
I am a Dubai resident working in a company for the past four years. I submitted my resignation last month, but my employer refused to pay me my commission apart from end-of-service dues. I filed a complaint against him before the Ministry of Labour. However, ministry officials advised me to accept my end-of-service dues and resolve the issue. I feel that the arbitrator was not convinced about my commission. I feel that they are forcing me to accept the dues only to end the matter. My case has been adjourned to next week. As per UAE Labour Law, can the ministry force me to accept this decision? What is the next step to get my end-of-service benefits and my commission? I also feel that it will difficult for me to get a letter from the labour ministry to file the case in court.
Article (6) of the UAE Labour Law No (8) of 1980, states the following: “If the employee or the worker or any beneficiary thereof raises a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned labour department. This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably.
Such a department does not have the right to force any party to accept any solution that he does not desire.
If the amicable settlement is not reached, the said department must within two weeks from date of submitting request, submit the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from date of receiving the request, fix a sitting to consider the claim and the two parties shall be notified thereof.”
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent