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Dubai: Can a villa owner sublet a floor of his home?

A tenant must obtain prior permission from a landlord before sub-letting a property; here's what a property owner can do

Question: I am a Dubai resident and live in a villa I purchased last year. I know sub-letting is illegal in Dubai, but what if it's my own property? Can I sublet the first floor of my villa, while I continue to reside on the ground floor? What's the procedure?

Answer: Pursuant to your queries, as you own a villa in Dubai and intend to sublet the first floor of the villa, the provisions of Law No. 26 of 2007 Regulating the Relationship between Landlord and Tenants in the Emirate of Dubai are applicable.

In Dubai, a tenant may not sub-let a rented premises to any third party without the consent of a landlord. This is in accordance with Article 24 of the Dubai Rent Law, which states, “Unless otherwise agreed by the parties to the rent contract, the tenant may not sublet, or assign the use of, the real property to third parties unless the relevant written consent of the landlord is obtained.”

The Dubai Rent Law is silent related to a landlord sub-letting a villa/unit to a third party on rent that is already occupied by him or her. The aforesaid law only states that a tenant needs to obtain a written confirmation from a landlord related to subletting a rented premises to a third party.

In this instance, it is assumed that the first floor of your villa where you are residing has a separate independent entrance, separate Dubai Electricity and Water Authority (Dewa) connection and other basic amenities such as bedroom(s), washrooms(s) and kitchen, you may rent the first floor of your villa to a tenant, subject to necessary permission from the Dubai Land Department. You may contact the Dubai Land Department for further clarification.

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Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.