# Have They heard of RERA Calculator.



## Cannygeordie (Nov 8, 2013)

I may have posted this in the wrong place, so apologies.

I have been in DXB since Sep 2013, but actually only found an apartment, in Downtown, in early November 2013.

So my landlord has contacted me if I wish to renew; yes I said I did.

So they come back with compared other properties in the same building, I am paying less than 25%, blah blah blah! Not getting good return (she wasn't saying that when she agreed my rent last year!) Upshot she wants to increase rent by 22%.
Rental calculator says I am underpaying by 25% and the increase is therefore 10%.

I have not hit the landlord with that one yet!

In my contract, which we both agreed to at the time, it says the landlord must submit 2 months notice of any change in rent or T&C's. However, is this legal, do they not have to submit changes within 90 days? Or am I trying to have my cake and eat it and get the landlord 'out' on a technicality and try for a nil increase!

Cheers people


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## Bill S Preston (Aug 18, 2014)

There is a calculator on the dubailand website that is supposed to show the amount your landlord is allowed to increase according to the market value. My neighborhood (Marina) shows that it is updating and to contact their admin. The forum is not allowing me to copy in the link, but you should be able to search by dubailand and GOV. 

Did you register with RERA when you signed your lease? If not, you may find that you have no protection and the landlord may do as they wish. If you have registered with RERA, you should contact them and ask if what your landlord is proposing is within legal limits.


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## Fat Bhoy Tim (Feb 28, 2013)

Strictly speaking you're entitled to say no to any increase submitted after the 90-day deadline, and even then they wouldn't be allowed to exceed the 10%.

My landlord tried putting it up after the 90-day deadline, but as they (almost) stuck to the 10% maximum I just agreed to the 10%. They've been decent, so I decided not to antagonise them as the place is still fairly cheap.


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## vantage (May 10, 2012)

whatever you decide to do, make sure you quote RERA, and make it very clear that you will follow it through if they do not comply.

your options:
accept 22% (madeness!)
insist on 10%, based on RERA calculator (but make it very clear that you are doing this because you are nice)
insist on 0%, based on RERA requirements for 90 days notice

you might also say "realistically, you are due 10%, RERA says you can have nothing, but i'll give you 5%"
that might keep the Landlord 'on side', whilst demonstrating that you know how it works.


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## vantage (May 10, 2012)

Bill S Preston said:


> There is a calculator on the dubailand website that is supposed to show the amount your landlord is allowed to increase according to the market value. My neighborhood (Marina) shows that it is updating and to contact their admin. The forum is not allowing me to copy in the link, but you should be able to search by dubailand and GOV.
> 
> Did you register with RERA when you signed your lease? If not, you may find that you have no protection and the landlord may do as they wish. If you have registered with RERA, you should contact them and ask if what your landlord is proposing is within legal limits.


There's always the option to travel back in time to fix it, though, isn't their Bill?!


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## Fat Bhoy Tim (Feb 28, 2013)

vantage said:


> whatever you decide to do, make sure you quote RERA, and make it very clear that you will follow it through if they do not comply.
> 
> your options:
> accept 22% (madeness!)
> ...


I decided to save that one for future years, if and when they ever decide to take the piss


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## Cannygeordie (Nov 8, 2013)

Don't get me wrong I have a good relationship with my landlord, in other words I give her no hassle.

I am still a bit grey with this 90 day rule! The landlord should tell me in 90 days they wish to put up rent; RERA stance. However, we agreed in contract that she could tell me in 60 days; which she has.

So in the eyes of the law which has precedence; RERA or the contract?


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## Fat Bhoy Tim (Feb 28, 2013)

Cannygeordie said:


> Don't get me wrong I have a good relationship with my landlord, in other words I give her no hassle.
> 
> I am still a bit grey with this 90 day rule! The landlord should tell me in 90 days they wish to put up rent; RERA stance. However, we agreed in contract that she could tell me in 60 days; which she has.
> 
> So in the eyes of the law which has precedence; RERA or the contract?


RERA supersedes whatever terms you've agreed. Most (if not all) landlords don't charge their terms in hope that you either don't know, or you won't take the risk.


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## Cannygeordie (Nov 8, 2013)

Cheers Tim, well I have thrown the 10% at her! If she doesn't agree I will then do the less than 90 days notice hitch would be 0% increase.

Let's see if she agrees, and then starts to charge for other stuff such as chiller etc.


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## Cannygeordie (Nov 8, 2013)

Well I would say I can hear violins! My landlord has responded to the point that 'legally' she can only increase by 10%.
Allegedly she is aware of RERA, if that was the case why ask for 22%, and she is sticking to her guns, though she is now down to just over 18%. She complained about her yield, and prices increasing blah blah blah.
I will let her sweat it a little longer. Let's see if she try's to evict or not renew!


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## vantage (May 10, 2012)

Cannygeordie said:


> Well I would say I can hear violins! My landlord has responded to the point that 'legally' she can only increase by 10%.
> Allegedly she is aware of RERA, if that was the case why ask for 22%, and she is sticking to her guns, though she is now down to just over 18%. She complained about her yield, and prices increasing blah blah blah.
> I will let her sweat it a little longer. Let's see if she try's to evict or not renew!


she obviously knows the rules, knows she is wrong, and is STILL trying it on.
time to say "i'm being nice - 10%, or i go to RERA, and you get nothing......."

18% is a joke


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## msbettyboopdxb (Mar 22, 2009)

Everything vantage said.


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## Cannygeordie (Nov 8, 2013)

Well I know I am a nice guy, and to be honest I thought my landlord was nice too. Though her latest email also mentioned she would need to discuss with her father.......don't know why, she has power of attorney, it's her I deal with, not him.

To be blunt it is not my problem if her projected return is not what she is hoping, she keeps comparing the building we are in, but the RERA calculator takes the average for the area; presumably so figures don't get skewed!

What happens if I reject her increase, and we cannot come to an agreement? does she then have to serve me eviction notice? Do I lodge with RERA? I don't want to come across as a hard nosed ********, but her stance will tarnish the relationship!


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## Gavtek (Aug 23, 2009)

Worst case scenario is that you extend the lease for a year at 0% increase and then find somewhere else to live.

She has to give 12 months notice for eviction, and even then, she needs a valid reason, she can't do it just because she doesn't like you or wants to jack the rent.


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## Fat Bhoy Tim (Feb 28, 2013)

Gavtek said:


> Worst case scenario is that you extend the lease for a year at 0% increase and then find somewhere else to live.
> 
> She has to give 12 months notice for eviction, and even then, she needs a valid reason, she can't do it just because she doesn't like you or wants to jack the rent.


What this man said. 

Whilst the market prices dictate that it's still very much a sellers markets for anyone arriving or moving, for those wanting to stay put the power now solidly rests with the tenants.


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## twowheelsgood (Feb 21, 2013)

If she says that she will evect you, remind her that you (hopefully) have copies of any emails in which she states anything about yield, increaes etc as it would probably be viewed as mitigating evidence that her eviction was not based upon the approved reasons, but was more likely as a rult of her wanting more money.

The landlord is not your friend, does not have your best intesest at heart and will screw you if they get the chance, which is exactly why you should stick with RERA and don't budge an inch. The law and of government here are on your side, although it may feel uncomfortable if the landlord is plainly being economical with the truth.


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## vantage (May 10, 2012)

don't wait for their next move.

make your aspirations clear (10% or 0%) in writing, via recorded delivery.

If it is not accepted immediately - straight to RERA. Make this clear in the letter.


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## Stevesolar (Dec 21, 2012)

Hi,
As mentioned above - your landlords yield is their problem, not yours!
When people buy investment properties it is a risk and it is up to them to weigh up the risks.
You have the full might of RERA on your side. As she won't really want you to renew beyond the next 12 months - just go in hard and reject any increase based on the 90 day notice rule.
If they don't know the rules - that is their lookout.
Cheers
Steve


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## Chocoholic (Oct 29, 2012)

The maximum any increase can be is 20%. The RERA rent rules, overrule anything in your contract. It's 90 days for any change to the contract. 

Simply tell her that she is only entitled to a 10% increase as per the calculator, either take it, or she can go and complain to RERA and they will put her in her place anyway.

She can't evict you - to do that, she must give you 12 months notice, notarized and delivered by registered mail, with one of the four reasons under article 33, law 26 of the Dubai rental laws i.e. she or her family are moving in, she is demolishing the property, the property requires major work and cannot be inhabited. She must then prove these reasons.

Basically she doesn't have a leg to stand on. I went through all of this with my landlord, every time I told him 'illegal - go to RERA'. He gave up in the end.


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## Cannygeordie (Nov 8, 2013)

Well I have told the LL that her increase is unacceptable and contravenes the law; it is 10% or she goes to RERA.
I tried callin RERA, I am currently in UK, but I could not get through to them.

I keep going back to the fact we signed a contract that states:

The tenant has to submit 2 months notice to LL if they wish to terminate the contract or before renewing. If the tenant does not do so the Tenancy Contract will be terminated at the end of the period (I WAS UNDER THE IMPRESSION THE CONTRACT CANNOT BE TERMINATED THIS WAY)?

The LL has to submit 2 months notice prior to the end of the contract to the tenant to inform them of any changes in the rent and or terms and conditions of the tenancy contract (AGAIN DOES THE RERA 90day RULE OVERRIDE THIS CONTRACT CLAUSE)?

Am I beating myself up over this coz I AMA nice guy.......


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## Chocoholic (Oct 29, 2012)

My contract all stated two months, RERA told me it's 90 days - end of.

Regardless her increase is illegal and she can't kick you out so don't panic. The law is on your side. If it gets to your renewal date and she is still arguing, you go to RERA with your cheques and they will renew it for you.


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## Stevesolar (Dec 21, 2012)

RERA is top trump


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## Cannygeordie (Nov 8, 2013)

Glad he tenancy is registered with Ejari also.

I am not panicking, just don't like being a B'tard. I know in my heart I am right, why can the LL not see she is better off accepting my 10%, outside of the 90days, then pushing me to say goto RERA.

Oh, and the LL just emailed me asking for my contact number and when it is convenient to call. I think I should record that telephone conversation!


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## twowheelsgood (Feb 21, 2013)

Cannygeordie said:


> I think I should record that telephone conversation!


Be careful - if you do that and 'publish' it in any way by putting it online, you'll be the one in hot water with the police. 

Best to record, then transcribe and then delete the recording..


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## Stevesolar (Dec 21, 2012)

Hi,
Best bet is not to talk to her - simply deal in writing. This avoids all possible confrontation and misinterpretation.
Cheers
Steve


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## vantage (May 10, 2012)

Cannygeordie said:


> why can the LL not see she is better off accepting my 10%, outside of the 90days, then pushing me to say goto RERA.


the Landlord knows fine well.
Many are advised to 'try it on' by rogue agents, too.
It is clearly in the interest of a 'rogue agent' to end up with an eviction / termination of tenancy.

If they have multiple properties, they try it on with ALL of them. SOME will give in, and it's worth the threat of RERA from the clever ones.


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## Cannygeordie (Nov 8, 2013)

Well the landlord wants to call me later this week to discuss and finalise. I have had no contact with her for a few days as I have been back in the UK.
Let's see what she says, I will keep you posted, but I have reminded her of my position; it's 10% or RERA!


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## BBmover (Jun 15, 2013)

On another side of it we have the 60 day renewal as an addendum in our contract too. Our advise from Rera was that this was legal as both parties agreed it. We had stated the 90 day rule when we hadn't been contacted and it was counting down. We had a few conversations with Rera as Landlord tried for 25% increase and thought we would have no increase due to 90 days. Rera advised again to negotiate to 10%. Seems different advice given to Chocoholic.
We renewed on 1st May and LL told us we would have 12 months. Never received notice until finally July, after LL had sent us an email wanting to meet and discuss notice and we told him to send it notarised - he notarised it with 2 reasons stated on it - personal use or selling. Not sure how valid it is?


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## Cannygeordie (Nov 8, 2013)

Hi, well I haven't spoken to RERA yet, but I suspect that because we agreed to the 60 days notice, that is what will stand, not the normal 90 days.
We must have the same landlord because they are trying the same, 25% increase when calculator says 10%; I will try ringing RERA in the morning before the LL calls, what's a good number for RERA?


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## Cannygeordie (Nov 8, 2013)

Well RERA did confirm if we agreed to it in the contract then the 60 days notice takes precedence over the 90 days.

So my LL called, you know they are doing me favour, I got it at a bargain, their father is ill and looking to relocate to Dubai.........I sense eviction! The upshot for being a good tenant and because my LL is such a kind person is they wish me to consider an 'illegal' increase of almost 15% instead of 10%.

I suspect if they are pushed to 10% they will change the T&C so I have to pay the chiller not them; my response to them will be in a few days........cooling off period!


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## BBmover (Jun 15, 2013)

Did Rera advise only 10% when you spoke with them regarding the 60 days? With ours it was advised only legal to increase by 10% which is what we went back with and finally agreed. We were then verbally told we would be evicted but contract stayed at same terms and conditions and chiller etc included. Do confirm with Rera increase. Also, ask for any further communication regarding renewal or increase via written communication or email and not phone. 
Good luck!


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