Dubai’s Rental Disputes Centre has ordered a commercial tenant in Business Bay to vacate premises after an attempt to settle Dh2.415 million in unpaid rent came too late to prevent eviction.
The centre’s First Instance Committee found that the tenant had failed to make a single rental payment since the tenancy began. The full amount remained outstanding over eight months, and the tenant did not comply with a formal demand for payment within the legally prescribed 30 days.
The landlord had served a legal notice requiring the tenant either to clear the arrears or surrender the property within 30 days of receiving the notice. No payment was made during that period, prompting proceedings before the rental tribunal.
During the case, the tenant produced a certificate recording an offer and deposit of the outstanding rent. The committee examined when that offer had been made and determined that it followed the expiry of the notice period. It therefore rejected the payment attempt as a defence against eviction.
The decision turned on the timing of the attempted settlement, rather than simply whether the tenant had subsequently demonstrated an ability or willingness to pay. The committee held that the landlord’s entitlement to seek possession had arisen when the statutory deadline passed without payment.
The tribunal directed the tenant to hand over the commercial property vacant, without occupants or belongings. It also ordered the tenant to pay further rent accruing at the applicable annual rate until the premises are actually vacated, together with the relevant fees and costs.
The additional rental liability means the financial obligations do not necessarily stop on the date of the ruling. Rent remains payable for the period during which the tenant continues to retain possession, subject to the terms of the order.
The committee relied on Dubai Law No. 26 of 2007, as amended by Law No. 33 of 2008, which regulates tenancy relationships across the emirate. Article 25 permits a landlord to request eviction before a lease expires when rent, or part of it, remains unpaid for 30 days after the tenant receives the prescribed notice, unless the parties have agreed otherwise.
The amended legislation also specifies how such notices must be delivered. For eviction grounds under the relevant provision, a landlord must serve notice through a notary public or by registered mail. The prescribed procedure gives tenants an opportunity to remedy non-payment before a landlord pursues possession.
Dubai Land Department’s published guidance similarly states that a landlord seeking eviction for unpaid rent must first notify the tenant and allow at least 30 days for payment. The guidance identifies non-payment following the required notice as a ground on which the landlord can seek an eviction ruling.
The department also explains the procedure available when a landlord refuses to accept rent. A tenant may submit an offer and deposit application to the Rental Disputes Centre, which arranges notification to the landlord. Under that procedure, payment is treated as having been made from the date the judge accepts the application.
That mechanism is relevant to disputes over whether a tenant tried to pay on time. However, the committee in the Business Bay case found that the documented offer and deposit occurred only after the statutory window had closed. The certificate therefore did not establish compliance with the earlier payment deadline.
The distinction matters because an offer to pay and the legal effect of that offer are not necessarily identical. The tribunal assessed the sequence of notice, expiry and deposit before determining whether the landlord’s claim for possession could proceed.
The proceedings concerned a commercial tenancy rather than a residential lease. The reported case details did not identify the tenant or landlord, specify the commercial activity conducted at the premises or give the date on which the lease began. They also did not establish that the property had already been physically surrendered following the ruling.
The Dh2.415 million figure represented the rental amount left unpaid during the eight-month period described in the proceedings. The order for additional rent until actual vacation was separate from that outstanding sum, as were the fees and costs imposed by the committee. These additional charges remain subject to the applicable rental rate and the property’s handover date.
Related Posts
Add A Comment