The Agreement To Exclude Security of Tenure is a crucial document in UAE commercial property transactions, particularly relevant when landlords and tenants wish to maintain flexibility in their leasing arrangements without the constraints of statutory tenure protections. This document is commonly used in situations where both parties prefer to rely on specifically negotiated terms rather than statutory protections. It must comply with UAE federal laws and emirate-specific regulations, particularly in Dubai where property regulations are most developed. The agreement typically accompanies a main lease agreement and requires careful consideration of UAE Civil Code provisions and local property laws. It's essential for businesses operating in free zones, commercial districts, and mainstream commercial areas across the UAE, where traditional security of tenure might otherwise complicate future property management decisions.
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1. Parties: Identification of the landlord and tenant, including full legal names, registration numbers (if companies), and addresses
2. Background: Context of the agreement, including reference to the main lease and explanation that this agreement is to exclude security of tenure
3. Definitions: Key terms used in the agreement, including 'Property', 'Lease', 'Term', and any UAE-specific legal terminology
4. Statutory Warning: Clear statement about the implications of excluding security of tenure and its effects on tenant rights
5. Acknowledgment of Warning: Tenant's explicit acknowledgment of understanding the consequences of excluding security of tenure
6. Declaration of Exclusion: Formal declaration that security of tenure is excluded from the lease arrangement
7. Property Details: Specific details of the property including address, plot number, and registered details as per UAE requirements
8. Term: Duration of the exclusion agreement, typically matching the lease term
9. Governing Law and Jurisdiction: Specification of UAE law as governing law and relevant courts' jurisdiction
10. Execution: Signature blocks for all parties, including witness requirements as per UAE law
1. Arabic Translation: Parallel Arabic text of the agreement, recommended when dealing with local courts or government entities
2. Notice Requirements: Specific procedures for serving notices under UAE law, included when parties want to establish clear communication protocols
3. RDSC Registration: Provisions regarding registration with Dubai's Rental Dispute Settlement Center, included for properties in Dubai
4. Relationship with Main Lease: Additional provisions clarifying how this agreement relates to the main lease, included when the relationship needs explicit clarification
5. Severability: Provisions for maintaining validity of remaining clauses if any clause is found invalid, included in more complex arrangements
1. Property Plan: Detailed plan or drawing of the property showing boundaries and relevant features
2. Statutory Declaration: Formal declaration by the tenant acknowledging understanding of rights being given up
3. Main Lease Details: Summary or copy of relevant main lease terms referenced in the agreement
4. Authority Documents: Copies of power of attorney or board resolutions authorizing signatories
5. Property Title: Copy of title deed or other ownership documentation as required under UAE law
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Relevant Teams
Legal
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Operations
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Risk & Compliance
Corporate Services
Asset Management
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Relevant Roles
Property Manager
Real Estate Director
Facilities Manager
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Commercial Lease Manager
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Company Secretary
Real Estate Portfolio Manager
Contracts Manager
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Property Services Director
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