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<strong>16</strong> Retail<br />
Lisa Dale discusses the economic ramifications of the 2007 Rent Cap Law<br />
‘To Cap or not to Cap?’<br />
The majority of Dubai’s residents are<br />
tenants – whether of residential premises,<br />
business premises or maybe both. Rents<br />
are therefore a major overhead that<br />
directly and significantly impacts on the<br />
cost of living, which drives inflation. The<br />
massive rent increases witnessed since<br />
2001 have caused some businesses and<br />
families to question whether they can<br />
afford to live and work in Dubai.<br />
Lisa Dale<br />
Head of the Property Department<br />
Al-Tamimi & Company<br />
‘To Cap or not to Cap?’ a question that has<br />
devoured endless hours of debate and<br />
discussion in Dubai over the past<br />
two years when in 2006 the Government<br />
of Dubai issued the first Rent Cap<br />
Law capping any rent increases to 15<br />
percent. This was recently followed by<br />
Dubai’s second Rent Cap Law for<br />
2007 which introduced a cap of 7 percent<br />
on rents.<br />
This debate was discussed further recently<br />
at the Dubai Property Group’s (DPG)<br />
monthly networking event, which hosted<br />
Lisa Dale, Head of the Property<br />
Department at Al-Tamimi & Company,<br />
who discussed the <strong>new</strong> provisions of the<br />
Rent Cap Law 2007 and its effects on both<br />
landlords and tenants, and the health of<br />
Dubai’s economy as a whole. She also<br />
discussed how the law affects different<br />
rent and lease agreements which were<br />
agreed before the issuing of the law.<br />
"The Rent Cap Law will act as a stabilising<br />
factor in the booming real estate sector in<br />
Dubai and will help both landlords and<br />
tenants make longer term decisions," said<br />
Adel Lootah, Executive Director of<br />
Dubai Property Group. "In this respect,<br />
DPG will act as a forum for the real estate<br />
industry to express their opinions and<br />
feedback with regard to the Law, and<br />
will raise these issues with the<br />
relevant authorities."<br />
“<br />
The massive rent<br />
increases witnessed since<br />
2001 have caused some<br />
businesses and families to<br />
question whether they can<br />
afford to live and work in<br />
Dubai<br />
”<br />
"The capping of rent increases is an<br />
effective method of slowing down the<br />
huge hikes in rent that have been<br />
witnessed in Dubai over the last five years<br />
in the interests of bringing stability to the<br />
market and confidence that Dubai will<br />
remain a competitively priced place to live<br />
and work in the short and medium term,"<br />
commented Lisa Dale. "The Government’s<br />
Rent Cap policy was designed to meet this<br />
challenge head on. For Dubai to retain its<br />
position as a business hub for the region<br />
and for it to sustain its current growth<br />
path, it must remain competitive."<br />
"The Rent Cap policy that was introduced<br />
in 2006 and which has brought further<br />
rent increase restrictions for 2007 will, I<br />
believe, give confidence to all those<br />
businesses and workers that represent<br />
Dubai's potential for growth in the future.<br />
However, I do question whether simply<br />
imposing a mandatory rent increase<br />
cap on all landlords and tenants and in<br />
respect of all properties is a total solution,"<br />
she continued.<br />
Firstly, the Law assumes that a rent being<br />
paid by a tenant is representative of<br />
market value in the first place. Cases have<br />
emerged where <strong>new</strong> shopping malls and<br />
commercial complexes, where a developer<br />
will offer discounted rents during the first<br />
year of operation as an incentive to attract<br />
tenants to the development. Landlords<br />
who signed such tenancies in 2006<br />
cannot now apply any increase in the<br />
rents in 2007 to bring them in line with<br />
market rates.<br />
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