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Dubai, UAE

Can a landlord enforce a higher rental increase if the initial notice had a wrong percentage?

Hello,

I'd like to ask: What if a landlord mistakenly mentioned the wrong increase percentage when sending the 90-day renewal notice to their tenant?

The correct percentage should be higher according to the RERA Rental Index Calculator and the tenant is now refusing to accept this additional increase.

Can the landlord still fight for it if the tenant insists on renewing through the DLD instead?

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Amiri Advocates & Legal Consultants
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20 Aug 2024, 14:31

Dear Questioner,

It is not important to specify the amount of the increase in the notice. The important thing is to send the notice of the increase only.

Therefore, the tenant's position is incorrect, and the landlord has the right to increase the rent regardless of what was written in the notice.

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Ibrahim Al Banna Advocates & Legal Consultants
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20 Aug 2024, 15:17

Dear Questioner,

Thank you for your inquiry regarding the rental increase situation!

If a landlord mistakenly mentions a lower percentage of increase in the 90-day renewal notice, this could indeed complicate matters, especially if the tenant insists on renewing the lease based on that lower percentage.

According to Dubai law, the initial notice sent by the landlord holds significant weight.

If the notice was sent and acknowledged by the tenant, it may be challenging for the landlord to enforce a higher increase later, even if the RERA Rental Index Calculator allows for it.

However, there may be legal avenues to explore depending on the specific circumstances, such as whether the mistake was clearly a clerical error or if the tenant was aware of the intended increase.

I would recommend reviewing the details of the notice and any related communications with the tenant to determine the best course of action.

To discuss this matter in more detail and explore your legal options, please feel free to reach out to me directly via WhatsApp or phone at [--------]. You can also email me at at [--------].

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London Center for Legal Consultancy Office
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21 Aug 2024, 05:23

Greetings,

He can notify again with an amended letter, indicating that there was an error in the first notification.

For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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21 Aug 2024, 07:48

My dear,

If the error in the notification is not considered material, the owner must adhere to the increase amount mentioned in the notification, even if it is less than the RERA index.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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21 Aug 2024, 10:49

Dear Questioner,

While there are avenues available for landlords who find themselves in such situations due to mistakes in communication regarding rental increases, resolution often hinges on clear communication and adherence to established regulations set forth by governing bodies like RERA.

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KHE Legal Consultancy
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21 Aug 2024, 11:54

Yes, the landlord sent the notification 90 days in advance, so he can file a dispute if the tenant is not willing to accept it.

Regarding the incorrect increase, we would like to check the notification as well.

Kindly share your WhatsApp number to discuss this further.

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