‘Can a landlord overlook Rera rent index while leasing out furnished apartments?’

Q We rent a new furnished apartment in Dubai. Most residents have been informed of a 10 per cent to 15 per cent annual rent increase. But the Real Estate Regulatory Agency calculator for the area states that no rental increase is permitted.

The developer claims that because the apartments are furnished, the Rera index does not apply. But they are regular apartments with standard lease contracts, Ejari and deposit.

Is this interpretation of the rental laws correct, or are we within our rights to refuse the rental increase? TB, Dubai

A It is true that the Rera rental calculator does not take into consideration whether a unit is furnished or not. However, what the landlord is saying is not correct.

Therefore, to try to get to some common ground, I suggest the landlord uses the Dubai Land Department rental valuation service.

This will go some way in readdressing the discrepancy in rent, despite what the rent calculator says.

Once this has been done, Decree 43 of 2013 will take over and this will decide the actual amount the landlord can ask for at the next renewal.

It is important to note that the amount cannot be more than a 20 per cent increase in any one year.

However, if after all this, you still do not agree with the increase, you can challenge it at the Rent Dispute Settlement Committee.

This will cost you 3.5 per cent of the current rental amount. If the presiding judge rules in your favour, the costs are often added to the claim.

We have lived in a residential compound in Dubai for 12 years. A neighbour moved in nearly two years ago.

Although there were no issues in the first year, he annexed the entire section of common property for his personal use. The common property is a shared portion of ground abutting both our outdoor terraces.

The management decided to split the area, with this person still being afforded the right of personal use and our section to remain as common property.

We endured months of harassment, with the tenant shaking our gate, their light bulbs glaring through our lounge windows until 1am, and their furniture and barbecue piled up in front of our house.

We called the police and were even forced to install a high fence.

In December last year, the tenant said he wanted to erect a one-metre fence.

The management refused and asked him to adhere to his boundary.

The tenant refused to accept this and has repeatedly requested more space from the management.

I wrote to the Dubai Land Department last week and got an unsigned response to approach a lawyer.

We feel our right to the peaceful enjoyment of our property with an unobstructed view has been disrupted for more than a year. CK, Dubai

Your only recourse would be to take the neighbour to court, especially if the management company has not intervened up to this point and the police cannot deal with it due to it being a nuisance case rather than breaking the law.

I advise you to consult a lawyer and file a civil case.

You clearly have enough evidence to hopefully win a compensation.