Host
There’s just so much more to hear. Download our podcasts at DubaiEye1038.com. Ludmila Yamalova is back with us. Always nice to see you. Appreciate you coming back in.
Ludmila Yamalova
Great to be here.
Host
Good to have you. So let’s start today with this tenancy property questionnaire. I know that sounds like a phrase where you’d think, “How on earth could that be a legal question?” But it is. Yes, I’ve got it in front of me now. I think this is really good because sometimes we get so many texts at the end of the program that we can’t get to them. This one is already here, and it’s quite an interesting one:
Listener’s Question
“I’ve recently renewed my tenancy contract and have been asked to fill out a new form issued by the property management company. It asks for details like my religion, names and ages of occupants, their passport numbers, relationship status, profession, company name and address, bank details, name and account number, phone numbers, email, etc. While I don’t mind sharing details of co-occupants (my husband and son), I’m wondering if it’s required by law to provide the other details. Is it a new mandate from RERA? These are the same details we’re often warned about for phishing attacks, and I’m uncomfortable sharing them with the property management company.”
Ludmila Yamalova
That’s a very good question. In fact, we even called RERA and the Land Department to seek clarification on this issue. The short answer is there’s no law that mandates providing this information or prohibits it.
However, there’s some merit in sharing certain details with the property management company. For example, information about the occupants, their ages, and perhaps copies of their passports is reasonable. This helps the management company identify who is living on the premises, which can be useful for safety or practical reasons.
But when it comes to sensitive details like bank account numbers or religion, there’s no valid reason for the management company to ask for them. It’s unusual, and those details seem overreaching.
Host
Exactly! The safety aspect—like knowing how many people are in a building—makes sense. But some of the other questions feel unnecessary.
Ludmila Yamalova
Absolutely. For example, bank details shouldn’t even be requested. It’s typically the tenant who needs the landlord’s or management company’s bank account details for rent payments, not the other way around. And information like religion is irrelevant in this context.
A better practice would be for the management company to request such details from the landlord instead. After all, the relationship is primarily between the tenant and the landlord. The management company’s role is administrative and operational, not contractual with the tenant.
Host
So, what if the tenant refuses to provide this information? Could they face penalties?
Ludmila Yamalova
Good question. Legally, the property management company cannot impose penalties because there’s no contractual relationship between them and the tenant. If a landlord insists on this information, that’s a different matter. Even then, tenants should push back on unreasonable requests like bank details or religion.
Ultimately, if a tenant feels too uncomfortable with the demands, it might be a personal choice whether to continue living there.
Host
Fair point. So what information is reasonable for tenants to provide when signing a lease?
Ludmila Yamalova
From the tenant’s side:
- Passport copies (for themselves and any co-occupants)
- Emirates ID copies
- Phone number and email address
- A permanent address (optional but useful for long-term communication)
From the landlord’s side:
- A copy of their passport (if an individual)
- A copy of the title deed (this is crucial to verify property ownership before signing the lease)
- Contact details (phone, email, etc.)
Always ensure that the title deed is current. Before signing or paying anything, tenants should request a stamped copy from the Land Department to confirm ownership is valid and up to date.
Host
Thank you for clarifying. It’s good to know what’s appropriate and what’s not.
Ludmila Yamalova
Of course. It’s important for both tenants and landlords to establish trust and ensure transparency in their agreements.
Host
Let’s move on to another question. Ludmila, this next one is from Dinesh. He’s asked, “I’ll be taking possession of my off-plan property in Abu Dhabi in September. I plan to rent it out directly without using an agent. Other than the lease agreement itself, what documents do I need to have from the tenant, and what checks should I carry out?”
Ludmila Yamalova
This is a great question. As a landlord renting out property directly, there are a few things you’ll need to safeguard your interests:
- Tenant Documents:
- A copy of the tenant’s passport
- A valid UAE residence visa
- Emirates ID
- Contact information (phone number and email)
- If there are co-occupants, get similar details for them too.
- Employment and Financial Stability:
- Proof of employment or a salary certificate can help you assess the tenant’s financial standing.
- You can also request a credit report, which is now available through Al Etihad Credit Bureau. It’s not a common practice yet, but it’s a good step for ensuring reliability.
- References:
- While not standard in the UAE, you can request references from previous landlords if available.
- Checks and Payments:
- Postdated checks are still widely used in the UAE. Requesting them upfront ensures some level of financial security for the landlord. You can also consider direct bank transfers but ensure all terms are clearly outlined in the agreement.
Host
What about doing a tenant background check? Is that possible in the UAE?
Ludmila Yamalova
Unlike some other jurisdictions, there’s no centralized tenant background check system in the UAE yet. However, you can gather relevant information as part of your due diligence, like their employment details or proof of income. Asking for multiple months of postdated checks is another way landlords mitigate risks.
Host
That makes sense. Anything else Dinesh should be mindful of?
Ludmila Yamalova
Yes, two more points:
- Security Deposit: Always include a clause in your lease agreement about a security deposit. This covers any damages beyond normal wear and tear or unpaid dues at the end of the tenancy.
- Clear Lease Terms: Ensure your lease agreement complies with Abu Dhabi’s rental laws and includes all essential terms like rent amount, payment schedule, notice periods, and obligations for both parties.
Host
Great advice, Ludmila. Let’s take another question. This one’s from Vivek, who says, “I’ve finished my contract and I’m leaving the property. My landlord is asking me to pay a penalty of two months’ rent because I informed them only a month in advance before terminating. Is this legal if it’s not mentioned in the contract?”
Ludmila Yamalova
Vivek, if the penalty isn’t mentioned in the contract, the landlord doesn’t have a legal basis to demand it. In the UAE, tenancy agreements govern the terms of notice and penalties. If your contract doesn’t state a two-month notice period or penalty for early termination, the landlord can’t enforce it.
However, they might still claim compensation for any actual damages they’ve incurred due to insufficient notice, such as loss of rent. To prove this, the landlord would need to demonstrate specific losses in a legal setting, which is often not worth pursuing for either party.
Host
So what should Vivek do in this case?
Ludmila Yamalova
I recommend having an open conversation with the landlord. Explain your position and offer a fair solution, like paying for one month instead of two, if you feel it’s reasonable. Most disputes can be resolved amicably without involving the Rental Dispute Settlement Committee (RDSC).
Host
Thank you, Ludmila. Let’s fit in one more question before the break. This one comes from Jason, who says, “A friend of mine works as cabin crew and has fallen pregnant. Her employer says she can’t fly after four months and they don’t have any ground staff positions for her. HR has told her she won’t be paid from the fourth month until after her maternity leave ends. Is this legal?”
Ludmila Yamalova
This is a common issue for roles where physical fitness is integral to the job, like cabin crew. Under UAE labor law, employers are obligated to provide 45 days of fully paid maternity leave, but this applies only at the end of the pregnancy.
If the employee cannot fulfill her primary role (flying, in this case) due to pregnancy, the employer isn’t required to pay her for the interim period. That said, it’s good to see that they’re keeping her on their visa and allowing her to return after maternity leave.
Host
So, is there any recourse for her in this situation?
Ludmila Yamalova
She could check her employment contract or HR policies to see if they include provisions for alternative roles or paid leave during pregnancy. If no such clause exists, there’s little she can do legally. However, negotiating with the employer for partial pay or extended benefits is always worth trying.
Host
That’s helpful. Thanks, Ludmila!
Host
Welcome back to Drive Live and The Legal Hour. Ludmila Yamalova is here with us, answering your legal questions. Ludmila, here’s one from Mary. She says, “I recently applied for a nursery teacher position. After three interviews, I received a draft contract with an agreed salary, signed it, and returned it. Two weeks later, I hadn’t heard anything, so I followed up. That’s when they told me I wasn’t suitable for the position. Do I have any legal recourse?”
Ludmila Yamalova
Yes, Mary, you do. A signed draft contract—even if the employer hasn’t formalized your employment—constitutes a binding agreement. This is especially true if it includes terms like the job role, salary, and start date. By rescinding the offer after you’ve signed, the employer may have breached the contract.
You could potentially claim compensation for this breach, but the amount will depend on the specifics of the case. In the UAE, labor law recognizes something called arbitrary dismissal. While this is often applied to employees already working, courts could apply a similar principle here if they find the employer acted unfairly.
Host
What compensation could Mary expect if she pursues this legally?
Ludmila Yamalova
The most likely outcome would be compensation equivalent to up to three months’ salary. However, pursuing this through the Ministry of Human Resources and Emiratisation (MOHRE) or the courts may take time and money, so it’s worth weighing the cost against the potential benefit.
Mary, I’d recommend starting with a formal complaint to the company. If they don’t resolve it, you can escalate it to MOHRE, which often mediates such disputes before they go to court.
Host
Great advice, Ludmila. Let’s move on to another question. This one’s from Jason about forced resignation. He says, “A friend was told to resign or face having their career ruined. Is this legal, and do they have any options?”
Ludmila Yamalova
This is a classic case of what we call constructive dismissal or constructive termination. Under UAE labor law, forcing someone to resign through threats or unfair treatment can be considered unlawful. The law provides employees with the right to claim arbitrary dismissal in such situations, even if they technically resigned.
If your friend can prove that they were coerced or pressured into resigning, they can file a claim with MOHRE or the labor court. They might be entitled to compensation of up to three months’ salary for arbitrary dismissal, as well as any end-of-service benefits they are owed.
Host
How can Jason’s friend prove this, though? It seems tricky.
Ludmila Yamalova
It can be, but evidence is key. Emails, messages, or meeting notes that indicate coercion or threats can strengthen the case. Witness statements from colleagues can also be valuable.
It’s important for your friend to document everything—dates, conversations, and any communication from the employer—and act quickly, as labor disputes have time limits for filing.
Host
Good to know! Here’s one from Vivek about property. He says, “My lease contract is ending, and I gave my landlord one month’s notice before moving out. The landlord is demanding two months’ rent as a penalty, but there’s no mention of this penalty in the contract. Do I have to pay?”
Ludmila Yamalova
Vivek, if there’s no clause in the contract requiring a specific notice period or penalty for insufficient notice, the landlord has no legal basis to demand it. Under UAE tenancy law, the terms of the contract govern the relationship between the landlord and the tenant.
The landlord might argue that they’ve suffered financial loss due to the shorter notice period, but unless they can prove actual damages—such as the property being vacant for two months—they won’t have a strong case.
Host
So what should Vivek do?
Ludmila Yamalova
Communicate with the landlord and try to resolve the matter amicably. If they persist, you can refuse to pay and let them take the matter to the Rental Dispute Settlement Committee (RDSC). Based on your description, it’s unlikely the RDSC would rule in the landlord’s favor.
Host
Thanks, Ludmila. Let’s take another question. This one’s about photography. Someone asks, “Can I film with a GoPro while off-roading or during a motorcycle ride? Do I need permission, and how is this different from a tourist with a camera?”
Ludmila Yamalova
This is a great question. Generally, taking photos or videos in public spaces in the UAE is allowed, especially for personal use. However, there are restrictions:
- Sensitive Locations: Avoid filming government buildings, military sites, airports, or other areas deemed sensitive.
- Privacy: Filming people without their consent is prohibited. This includes capturing people in private settings, even unintentionally.
- Social Media Usage: Be cautious about sharing content online. If your footage unintentionally misrepresents the UAE or violates someone’s privacy, you could face legal action.
Filming your own adventures, like off-roading or motorcycling, is generally fine as long as you follow these rules.
Host
So it’s really about being mindful of privacy and respecting local regulations, right?
Ludmila Yamalova
Exactly. If you’re unsure, it’s always safer to get permission, especially if you’re filming in an organized area or event.
Host
Thank you, Ludmila. If you have a legal question, text us at 4001 or call 423 1010. We’ll be back after the break with more of your questions right here on Drive Live and The Legal Hour.