# Tenancy Contracts - Boring I know



## xxxxxxxxclownfish (Dec 15, 2013)

I know this has bee done to death but I really would appreciate some help here and not just a direction to websites that really don't make much sense!

My current landlord is one of the large banks here and they have told us verbally they are selling our apartment. They haven't formally advised this by way of notarised or hand delivered letter so we haven't yet had 12 months' notice and 23 Dec is also the 90 day cut-off date for our current landlord to give us notice of any proposed increase.

Our current tenancy agreement is due to expire at the end of March - we had 90 days' notice on both sides. 

Our prospective new landlord advises that he wishes to complete the purchase by end January, although we don't know for sure if this is happening.

I have a number of questions though:

Does our current tenancy agreement with the bank end as usual in March and any new agreement start?

On what terms will any new tenancy agreement take - do they have to follow our existing agreement, which also includes the landlord taking full responsibilty for the cost of any maintenance, or can the new landlord re-write a contract to suit himself?

How much can the new landlord increase our rent by. The RERA calculator states that no increase is allowed, notwithstanding the fact that one bed apartments in our area are being advertised between 65k and 75k (we are paying significantly less than that)?

I presume that if the new landlord tries to hike our rent up to 75k, we can refuse to pay and he will just give us 12 months' notice to leave. Of course I would be prepared to pay a small increase but refuse to be taken for a ride by a greedy ex-pat landlord.

I really don't want to have to move as I love where I live but I refuse to be held to ransom by a landlord and will move out of principle if I have to.


Any help would be greatly appreciated.

Thanks 

CF


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## Chocoholic (Oct 29, 2012)

If your apartment is being sold, then they have to give you 12 months, written, notorised confirmation of that. Any new landlord should abide by your current tenancy contract BUT comin up to renewal they can give you notice of any changes.

If you are paying 'significantly' lower than the average for your property, I think we can safely assume you will be looking at an increase and new rules have just come out, making it fairer for landlords, so if you're paying 11-20% less than the average, you can expect an increase of 5%.

Check the thread in the Sandpit section, for the increase brackets.


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## xxxxxxxxclownfish (Dec 15, 2013)

Chocoholic said:


> If your apartment is being sold, then they have to give you 12 months, written, notorised confirmation of that. Any new landlord should abide by your current tenancy contract BUT comin up to renewal they can give you notice of any changes.
> 
> If you are paying 'significantly' lower than the average for your property, I think we can safely assume you will be looking at an increase and new rules have just come out, making it fairer for landlords, so if you're paying 11-20% less than the average, you can expect an increase of 5%.
> 
> Check the thread in the Sandpit section, for the increase brackets.



Thanks Choco

I am more than willing to pay an increase of 5% but I know that the new landlord, if the deal goes through, is looking for a rent around 70k. So I know we will agree to a small increase and he will then give me notice!

I am hearing of many landlords giving a renewal with a fairly large hike in rent and the following day issuing 12 months' notice.

Wake up people, you don't have to pay any massive rent increase and if you are going to be kicked out anyway, at least put up a bit of a fight!


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## telecompro (Apr 4, 2013)

Whats the story with all landlords asking tenants to leave their apartments as they are wanting to sell? it's sounding pretty scary!!


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## twowheelsgood (Feb 21, 2013)

telecompro said:


> Whats the story with all landlords asking tenants to leave their apartments as they are wanting to sell? it's sounding pretty scary!!


Its just another very crude attempt to bump up the rent because they know the rental increase limit applies, and that you have rights.

The best thing for every renter in Dubai is to remind them of the 12 months notice and stick to it. if you let thme in earkly, it will encourage other landlords to do the same and that will mean in the long term that your own rent will go up.


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## xxxxxxxxclownfish (Dec 15, 2013)

So, my apt has been sold, completion due next week. My original contract ends end of April. No notice received from my current landlord to sell. Let the games begin!


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## Chocoholic (Oct 29, 2012)

clownfish said:


> So, my apt has been sold, completion due next week. My original contract ends end of April. No notice received from my current landlord to sell. Let the games begin!


That's so bad. Now let me bet on whether the apartment has been sold and the buyer has been told you'll leave at the end of your current contract! RE agents do that.


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## xxxxxxxxclownfish (Dec 15, 2013)

Just given 90 days notarized letter. If it illegal, why do the courts notarise this? We Have been verbally told by Rent committee that 12 months is what is required so we now have to waste hours opening a formal dispute!


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## twowheelsgood (Feb 21, 2013)

Notarisation only verifies that the letter is from the person from whom it appears to be.

It does not mean that its is legal.

You can notarise anything, but enforcement is the purview of the courts, and all the letter does is gets rid of any argument about whether the letter was actually issued by the person on the letter.


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## xxxxxxxxclownfish (Dec 15, 2013)

twowheelsgood said:


> Notarisation only verifies that the letter is from the person from whom it appears to be.
> 
> It does not mean that its is legal.
> 
> You can notarise anything, but enforcement is the purview of the courts, and all the letter does is gets rid of any argument about whether the letter was actually issued by the person on the letter.


I know but surely this is a complete waste of money. I can't wait to lose 4 hours of my life that I won't get back.


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## w_man (Apr 16, 2010)

Have you tried explaining to the new landlord that the law is very clear and is on your side? Maybe also explain that if he forces you to open a case with the rent committee, then you will be requesting the RC to have the landlord pay the fees WHEN you win the case.

Might be a deterrent or at least have him look into the law a bit further before wasting your time?!

Good luck with the battle.


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## xxxxxxxxclownfish (Dec 15, 2013)

w_man said:


> Have you tried explaining to the new landlord that the law is very clear and is on your side? Maybe also explain that if he forces you to open a case with the rent committee, then you will be requesting the RC to have the landlord pay the fees WHEN you win the case.
> 
> Might be a deterrent or at least have him look into the law a bit further before wasting your time?!
> 
> Good luck with the battle.


We have quoted the law at him, sent him links to the new law, told him we have phoned the RC and that we will be lodging a dispute but he still believes he is right and has extenuating circumstances that he will win. I now have to go and get stuff translated and spend a morning down there. He has also notified me of a rent increase though! Obviously covering all his bases!


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## Yoga girl (Oct 19, 2008)

First of all, have you tried calling he new rent committee at the Land Department?

Secondly, a new landlord cannot kick out tenants unless he provides a MINIMUM of 365 days notice via registered mail of some kind and through a notarised letter.

New landlords have to abide by the existing tenancy contract so he CANNOT legally change anything. He has to respect the 90 days and any rental increases would have to follow the current rental index which is already updated to take into account the new laws.

If he wishes to then give you notice for next year he has to follow the procedure above AND he has to motivate it. Unless he is planning on moving in himself, or a close member of his family, he has major renovation work or any of the other motivators accepted by the law, and he can prove that he has no other property, then he cannot just evict you.
Penalty if he rents the flat within 2 years, if he doesnt follow the rules, is a full year's compensation to you.

We're in much the same boat here and yes it is a pain having to spend hours going to the rent committee and opening a case, but moving is even worse and I personally dont plan to move every year just because landlords dont respect the law! If you do not have time you can always give the power of attorney to someone else to do the job for you.

Good luck!


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## xxxxxxxxclownfish (Dec 15, 2013)

Yoga girl said:


> First of all, have you tried calling he new rent committee at the Land Department?
> 
> Secondly, a new landlord cannot kick out tenants unless he provides a MINIMUM of 365 days notice via registered mail of some kind and through a notarised letter.
> 
> ...



I find it really odd that tenants know the law but somehow Landlords are completely ignorant to it! 

I actually thought my Landlord was a nice guy and had been a bit naive in buying an apartment which he knew had sitting tenants. Now though, my opinion of him has changed and he has shown his true colours and is, in my opinion, a slimy scumbag who thought he could pull a fast one and we would just roll over and accept the notice - I think he thought we would freak when we received an arabic letter with official court stamps. 

Sorry mate, you picked on the wrong people and if it is a fight He wants, then a fight he shall get and if, for one minute, he thinks I am ever going to be nice to him when this is over, then he is sorely mistaken. This is purely a business transaction and I have lost all respect for the guy now.

Wise up people, don't let these landlords take you for a ride. Yes, it might get a bit ugly and yes, you might have to do a bit of legwork and submit a rental dispute but please don't allow these greedy pond dwellers the satisfaction of chucking you out and hiking the rent by 25%! Read the laws (Law 33) and become a friend with the Rental Calculator - TENANTS HAVE RIGHTS.


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## joemate (Apr 25, 2012)

Hi all,

there seems to be some mixed messages on 'non renewable' contracts. Does anyone have the definitive answer on Are they enforceable or not? 

Our 'non renewable' current contract ends in June and the villa has been sold. 

Does the new land lord need to give us 365 days notice in the prescribed method or must we move out in June at the end of our current contract?

I appreciate your replies.

J


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