4 mins to read,
June 2nd, 2020
- Senior Adviser & Trainer at the Dubai Real Estate Institute
For the past 10 years, Hiba Jaber has been a Consultant and Instructor at Dubai Real Estate Institute (DREI) conducting real estate sales and leasing brokerage laws and regulations training in Dubai, Sharjah and Bahrain. Hiba is a member with the National Association of Realtors (NAR), an International Realtor Member, and holds the Certified Real Estate Brokerage Manager (CRB) and Accredited Buyer’s Representative (ABR) designations.
Q & A with Hiba Jaber
Can Ejari be registered by the Tenant?
Ejari Registration can be done by Property Management companies who have access to the Ejari system. Landlords can also access Ejari through the Dubai REST Smart App.
Either way, Ejari contracts are digitally signed by request and response between parties and physical signatures are not required.
Below is the step by step process for Ejari Registration by Landlords through Dubai REST:
1- Download the Dubai REST app from your App Store ( IOS & Android)
2- Click on the login button
3-Select your login type as an owner.
4- Select your login method( emirates ID, title deed, mobile number)
5– Assuming you are using the Emirates ID log in method, fill your ID number then click on the button ( get OTP)
6– Fill the received OTP code
7– Click on VERIFY App will redirect the user to his dashboard page.
8– Click on the property type App will show a list of your units
9– Click anywhere within the unit details box to select the desired unit
10– Review the unit details and click on the ‘options’ icon App will show a list of services you can request for the selected property ( Valuation, Mollak service charges etc.)
11– Click on the button ( Ejari contract)
12– Fill the form to search for your tenant using his EID or passport. If the tenant is not found, click on the new tenant button and fill tenant details.
13- Click on proceed to contract information button to fill all of the contract information and click continue
14- Review the fee details (AED 300) and click “pay now” or “send to tenant for payment “
15- App will redirect you to pay using Noqoodi payment gateway.
16- Complete the payment process using Noqodi payment methods ( noqodi wallet, credit card etc)
17- Once payment is processed successfully, Ejari contract will be activated directly).
18- If you choose “send to the tenant for payment”, app will show confirmation message informing you that the contract is not activated and is pending payment.
Landlords can also use Dubai REST to cancel and/or renew Ejari.
Is DLD facilitating the digital process for a property transfer?
If your clients are in Dubai, transfer of title happens the traditional way through the RT offices.
If your clients are out of Dubai without POA representatives, Registration of property transfers can be done remotely through Registration trustee offices.
Due to the materiality of the transaction and the need to ensure and verify all parties interests and legal rights & obligations, DLD reviewed the digital property transfer as was announced on May 20.
According to the government of Dubai Media Office, The new system allows direct interaction between the seller and buyer and the finalization of procedures through audio-visual communication. The verification process for authenticating property owners and confirming their approval for the transaction can be conducted digitally and remotely. The system also facilitates money transfer through an escrow account that protects the rights of all parties. Money transfers can be transferred within three working days to the seller’s account. The Department has successfully completed 550 transactions worth AED600 million through this system.
Total real estate transactions processed over the last two months by the Dubai Land Department and real estate registration trustee offices operating part-time reached 3,000.
My tenant operates a hair and nail salon business. Her business wasn’t doing well considering the government forced lock down and limited operational time thereafter. Can she demand a waiver of rent or reduction in rent for that time?
Dubai Government and RDC are keen on reaching an agreement that is mutually beneficial for all parties involved. As we know, termination of leases are not in anyone’s best interest and as such reduction in rental value or waiver of rent corresponding in value to the months that she didn’t operate her business may be granted by the judge.
Tenant and Landlord agreed in the tenancy addendum that the landlord is responsible for maintenance/replacement requests above AED500. Water boiler needed replacement, cost is AED 1500. Can the landlord request the tenant to pay AED500?
Yes, landlord can request the tenant to pay his share as agreed in the addendum. Ideally, this is an annual commitment and it is advisable for the tenant to keep documentation proving that he has met his obligations so that he doesn’t have to pay for any maintenance/replacement requests for the remaining of the year.
A tenant rented a property. Landlord didn’t pay service charges. Community Management company restricted tenant’s access to common areas. What can a tenant do?
It is very important for the contract to address these scenarios.
A tenant can request a refund/reduction in the rent equivalent in value to the loss of utilization /enjoyment that he encountered in this situation. When he rented the property, it was so he can enjoy both the property and its common areas. For example, if the rent is AED 100,000 and quantifying the utilization benefits the tenants get from his access to common areas ( pool, gym, laundry room) etc…. Amounts to about AED 20,000, the tenant can demand a reduction in rent for that amount.
At the same time, the community management can file a case against the landlord for non-payment of service charges with RDC.
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