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Buy Tenancy Agreement for United Arab Emirates

Buy Tenancy Agreement Template for United Arab Emirates

A Buy Tenancy Agreement is a comprehensive legal document used in the United Arab Emirates that combines two distinct transactions: the purchase of a property and a simultaneous agreement for the seller to lease back the property from the new owner. This document is governed by UAE federal laws and relevant emirate-specific regulations, particularly those related to property ownership, registration, and tenancy relationships. It details the terms of sale, purchase price, payment schedule, property transfer procedures, as well as the subsequent lease terms, including rent amount, duration, maintenance responsibilities, and other tenancy conditions. The agreement must comply with UAE Civil Code requirements and local property regulations, ensuring proper registration with relevant authorities.

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What is a Buy Tenancy Agreement?

The Buy Tenancy Agreement is a specialized legal instrument used in the United Arab Emirates real estate market when a property owner wishes to sell their property while continuing to occupy it as a tenant. This arrangement is particularly common in commercial real estate transactions and investment deals where the original owner seeks to free up capital while maintaining operational use of the property. The document combines elements of a standard sale and purchase agreement with a comprehensive lease agreement, ensuring compliance with UAE federal laws and emirate-specific regulations. The agreement must address both the immediate transfer of ownership and the ongoing landlord-tenant relationship, including clear terms for both aspects of the transaction. This type of agreement requires careful consideration of property valuation, market rent rates, and long-term implications for both parties, while ensuring all terms align with local real estate laws and registration requirements.

What sections should be included in a Buy Tenancy Agreement?

1. Parties: Identification of the Seller/Landlord and Buyer/Tenant, including full legal names, Emirates ID numbers, and contact details

2. Background: Context of the transaction, including property details and the intention to combine sale and leaseback arrangements

3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Lease Term, Rent, and other relevant definitions

4. Sale Agreement: Terms of the property sale, including purchase price, payment terms, and completion requirements

5. Property Title and Registration: Details of title transfer process, registration requirements, and associated fees

6. Lease Terms: Duration of the lease, rent amount, payment schedule, and renewal options

7. Condition of Property: State of the property at sale and lease commencement, including any existing defects or required repairs

8. Maintenance and Repairs: Responsibilities for property maintenance and repairs during the lease period

9. Insurance: Requirements for property insurance during both sale and lease periods

10. Utilities and Services: Responsibility for utility connections, payments, and service charges

11. Default and Remedies: Consequences of default under either sale or lease provisions

12. Termination: Circumstances and procedures for terminating the lease agreement

13. Governing Law and Jurisdiction: Confirmation of UAE law application and jurisdiction for disputes

14. Notices: Process for serving formal notices between parties

15. Entire Agreement: Confirmation that the document represents the complete agreement between parties

What sections are optional to include in a Buy Tenancy Agreement?

1. Mortgage Provisions: Required if the buyer is obtaining mortgage financing for the purchase

2. Property Management: Needed for properties within managed communities or buildings

3. Fit-out Works: Required if the tenant plans to make modifications to the property

4. Service Charge: Necessary for properties in developments with common areas and facilities

5. Sub-letting: Include if sub-letting is to be permitted during the lease term

6. Break Clause: Optional provision allowing early termination under specific circumstances

7. Property Usage Restrictions: Required for properties with specific usage limitations or requirements

8. Guarantees: Needed if additional security is required for either sale or lease obligations

What schedules should be included in a Buy Tenancy Agreement?

1. Property Description: Detailed description of the property including location, size, and included fixtures and fittings

2. Payment Schedule: Breakdown of purchase price installments and rent payment schedule

3. Property Condition Report: Detailed inventory and condition assessment at the time of sale/lease commencement

4. Building Rules and Regulations: If applicable, rules governing the use of the property and common areas

5. Service Charges Schedule: Breakdown of service charges and payment responsibilities

6. Permitted Alterations: List of allowed modifications to the property during the lease term

7. Required Insurances: Details of insurance types and coverage requirements

8. Form of Rent Payment Guarantee: Template for any required rent guarantee or security deposit arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions

















































Clauses







































Relevant Industries

Real Estate

Banking & Finance

Legal Services

Property Management

Construction

Retail

Commercial Property

Residential Property

Industrial Property

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Finance

Operations

Compliance

Risk Management

Administration

Corporate Services

Relevant Roles

Real Estate Manager

Legal Counsel

Property Lawyer

Real Estate Agent

Property Manager

Facilities Manager

Investment Manager

Asset Manager

Commercial Director

Chief Financial Officer

Operations Manager

Contract Manager

Compliance Officer

Risk Manager

Property Administrator

Industries








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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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