A reader from Dubai asks: I rented out two apartments I own to a real estate broker for three years and gave them the right to sublease. However, the cheque for the second instalment of rent bounced when I presented it to the bank. I contacted the broker and they promised to pay the money within a month. In this period, they continue to sublease the apartment and collect rent from the tenant. Can I approach the rental committee and seek termination of the tenancy agreement? Is it possible to file a case within a week’s time. Am I allowed to cut the electricity connection till they pay me my rent? Yhe electricity connection is still under my name. Finally, can I make a claim for legal expenses?
The questioner should follow the steps stipulated in article No 25/1/A of Rent Act No 26/2007 as amended by law No 33/2009 concerning regulating the relationship between lessors and lessees of real estate in Dubai in terms of the cases in which the lessor may request vacation during the period of the tenancy contract which states that he shall serve payment notice within 30 days unless otherwise agreed provided that the notice shall be sent by the notary or registered mail. In the event of non-payment within the said term, the questioner shall file rental case before the judicial committee on rental disputes between leasers and tenants in Dubai to claim for the rent in addition to the all case fees being paid about the rental committee and termination of the tenancy contract. Finally, the owner as per the law has no right to cut the power for the reason that he did not get the rent instalment.
Basic salary
A reader from Dubai asks: I have worked in a company for more than four years. My basic salary was Dh5,000 when I joined. In addition to the basic salary, the company provided me housing and car allowance with 20 per cent increment. I do not have any other allowance other than basic salary from 2011 onwards. When I got the increment on 2015 company treated the increment as allowance. Because of this my basic will be constant always. When I asked for the explanation, I got the reply from my company that as per the labour law the basic salary should not go above 50 per cent of the total salary as a maximum. Is it legal? If not, what is the procedure to claim my rights? My contract is limited. If public holidays fall during the annual leave of the employee, are they considered part of annual leave?
The UAE labour law does not interfere in the salary issue, increase of basic salary or other allowances, as all of these are determined by the rules applicable in the company and as per labour agreement between the employee and the employer. Therefore, what the company has stated is untrue; the labour law stipulates that the basic salary should not be more than 50 per cent of the total salary. Finally, as per the UAE labour law, if public holkidays fall during the annual leave of the employee, such leave consider part of the annual leave.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
