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Can property in Dubai be sold using the raffle ticket method?

- MARIO VOLPI Mario Volpi is the chief sales officer for Kensington Exclusive Properties and has worked in the property industry for over 30 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for informatio­n o

Q Can a property in Dubai be sold using the raffle ticket method, in the same way as Dubai Duty Free “sell” cars, motorbikes etc. If yes, has it been done before? MM, Dubai A

Your question is very interestin­g and quite topical given we are in the midst of Cityscape Global. One particular developer is offering exactly this type of promotion during Cityscape week. To answer your question, the answer is obviously yes, a property can be sold using a raffle ticket method but there are some limitation­s. The first being requesting permission from the relevant government­al body (normally the Dubai Municipali­ty) to offer such a promotion. The second would be dependent on who is able to promote such an offer, be it a company or an individual. My understand­ing is an individual would have more issues in getting the permit than a firm.

I’m going to buy an apartment that has been rented out and currently has one and a half years left on the contract. I intend to move in but understand that I need to give the tenant one year’s notice from the date of transfer. Does this option work given that his original three-year contract will still have six months to go even after the one-year notice? SM, Dubai

The 12 months’ written notificati­on requesting the tenant to leave should be sent upon expiry of the current tenancy agreement not from the date of transfer in your case. The notificati­on has to be sent either via notary public or registered mail. Sending the notice this way will ensure that the tenant vacates after the 12 months have elapsed. Sometimes people send the one-year notice at any time (not upon expiry) and then find themselves involved in litigation if the tenant files a case at the rental committee. The outcomes have varied from the 12 months being upheld and on other occasions, the judge has requested the tenant be allowed a further 12 months beyond the initial year’s notice.

What avenues would be open to a tenant in Dubai wishing to hand over a rental cheque to their landlord and receive a rental contract in return (to receive an Ejari) when their overseas landlord is missing in action? Would the Land Department be able to receive the rental cheque on the landlord’s behalf and provide an executed rental contract or ideally the Ejari? It’s quite a unique situation I’m sure you’ll agree, but one which poses a number of challenges given the dependency on a valid Ejari for visas etc. JL, Dubai

For cases such as yours, the Land Department does indeed allow for rental cheques to be deposited with them. They then get in touch with the landlord or representa­tive to effect the tenancy. I’m not aware that they actually produce the tenancy contract though. For this, I suggest you engage the services of a qualified Rera registered agency who will produce all the required paperwork. I’m sure they will charge an admin fee so be prepared for this. The fee charges could be approximat­ely Dh1,000.

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