# Marks Falcon Landlord woes :((



## deepikaraj (Nov 26, 2012)

Hi

I am a landlord and looks like thats the worst thing to be right now. especially if you have dealt with the kinds of marks falcon and the type of sub tenant they signed up. 

in 2010 we hired them as brokers to find a tenant and they decided that they would take it up and sub let it, standard contract and we were ok with it. in 2011 when the contract expired we expressed our desire to move in our appartment but were given the most shoddy treatment probably the beginning of our woes, we were told by their legal dept that even if we ourselves wanted to move in we had no option but to give 12 months notice at the same rent to them. Left with no option we gave them 12 month legal notice and signing a non renewable contract with marks falcon and hoping by november 2012 we will be able to move in our own house.

but they ran away, we visit our house to inform the person staying there and he refuses to leave clearly stating law was on his side, and he will not vacate since the notice was to marks falcon. but since our tenant was marks falcon and the authorisation was for 1 year period only that wwas given to marks falcon to sub let, should the sub let tenant not vacate. we tried reasoning but he is adamant.

What do we do from here, go to rental committee, has anyone similar to our case had any expereinces. any inputs appreciated. all we want is our house back and wish to move in it.


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## saraswat (Apr 28, 2012)

Would be best to speak with a competent lawyer/established legal practice regarding your situation, searching/reading through the forum you'll find some threads that deal with these kind's of issues, but they are almost entirely from a renter/sub-tenant's perspective... 

Anyone unequivocally stating that the 'law is on their side' in these matters, IMO does not know what they are talking about and are again taking you for a ride. From recent posts/newspaper articles regarding another similar fraudulent instance (shamyana scam), the rental committees/relevant authorities have sided with the landlords...

http://www.expatforum.com/expats/du...-living-dubai/124785-dubai-greens-scam-4.html

Again I personally think it would be best for you to enlist the help/services of a lawyer....


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## m1key (Jun 29, 2011)

I have sympathy with your situation, however, try to see it from the tenant's side as well:

You chose the agent to rent your apartment. The tenant has no say in this. I assume the deal was 'too good to be true' on your part at the outset?

The tenant has signed what I believe is a perfectly legitimate tenancy contract in good faith. 

You will need to talk to RERA and lawyers to try and sort this out and I wish you luck. Try to have some sympathy with your tenant as it is not their fault and right now they are probably panicking that they wont have a home or any money with which to rent a new one. Suffice to say the law needs some reform to give both tenants and landlords fair treatment and protection.

Good luck and I hope the people behind the scam get what they deserve for causing misery for so many people.


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## m1key (Jun 29, 2011)

saraswat said:


> Anyone unequivocally stating that the 'law is on their side' in these matters, IMO does not know what they are talking about and are again taking you for a ride. From recent posts/newspaper articles regarding another similar fraudulent instance (shamyana scam), the rental committees/relevant authorities have sided with the landlords...
> 
> http://www.expatforum.com/expats/du...-living-dubai/124785-dubai-greens-scam-4.html
> 
> Again I personally think it would be best for you to enlist the help/services of a lawyer....


I believe that there some differences with the Shamyana scam in that with lots of due diligence (if you know what!) you could have known something was not right. paperwork not matching up properly. With the Marks Falcon situation I believe that the paperwork was in order and legitimate, therefore the tenant would have no way to know anything could be wrong. How RERA view this in the end I don't know, but it may be different to the Greens verdict.


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## saraswat (Apr 28, 2012)

m1key said:


> Good luck and I hope the people behind the scam get what they deserve for causing misery for so many people.


^^That^^ I think, is unfortunately the one thing that will end up not happening.... bad situation all around..


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## m1key (Jun 29, 2011)

saraswat said:


> ^^That^^ I think, is unfortunately the one thing that will end up not happening.... bad situation all around..


Lets hope karma exists


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## deepikaraj (Nov 26, 2012)

m1key,

yes you are right that we chose the broker, but then again so did the tenant right. and as i mentioned we dosee it from a tenants perspective, but just to let you know, he was aware last year we wanted to move in our house, and also of the fact that we had given a 1yr notice to the marks falcon team, so in knowledge that by nov 2012 we wanted our appt back. 

it is sad that in this country landlords have no rights and are taken to be these monsters who want the "too good to be true deals". both of us weere working in 2010, the person contacted saying they will manage, we agreed. but yes learnt our lesson the hard way!!! should have dealt with better homes and such companies only!!







m1key said:


> I have sympathy with your situation, however, try to see it from the tenant's side as well:
> 
> You chose the agent to rent your apartment. The tenant has no say in this. I assume the deal was 'too good to be true' on your part at the outset?
> 
> ...


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## m1key (Jun 29, 2011)

deepikaraj said:


> m1key,
> 
> yes you are right that we chose the broker, but then again so did the tenant right. and as i mentioned we dosee it from a tenants perspective, but just to let you know, he was aware last year we wanted to move in our house, and also of the fact that we had given a 1yr notice to the marks falcon team, so in knowledge that by nov 2012 we wanted our appt back.
> 
> it is sad that in this country landlords have no rights and are taken to be these monsters who want the "too good to be true deals". both of us weere working in 2010, the person contacted saying they will manage, we agreed. but yes learnt our lesson the hard way!!! should have dealt with better homes and such companies only!!


The tenant didn't choose the agent. The agent came with the apartment as chosen by the landlord. As I said, I have huge sympathy for your plight, but also for the tenant. Your case is against Marks Falcon to recover losses and the tenant (who will also lose deposit etc) may have a case against Marks Falcon (if they have a legitimate contract).

Landlords have rights as well as the tenant. Many tenants have to put up with zero maintenance, non-returned deposits,and penalised for non-payment of service fees. The laws are both inadequate and not enforced robustly enough. I'm not saying you are a bad landlord; you don't come across as one. But...for every bad tenant there are usually several bad landlords and about a 100 bad agents. In my opinion of course 

Good luck


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## rsinner (Feb 3, 2009)

i hope there will be a just settlement between the landlord and the current tenant (who probably paid the yearly rent upfront in one cheque) - maybe splitting the losses?
anyways, the proper procedure would be to contact RERA/rent commitee in Deira. They are quite nice and helpful in explaning issues and the process. As a landlord, this news item would bring you some comfort Tenants duped in multimillion-dirham Dubai property con face eviction - The National but please please do also consider the plight of the current tenant.


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## deepikaraj (Nov 26, 2012)

Rsinner,
Trust me when I say we wish to have an amicable resolution. That's the reason we went to meet despite him brushing us off 3 months back. Our contract got over on 16 nov and the tenants gets over on 15 Dec, we even offered them to continue staying until 15 dec but he refuses to leave after that. Which I feel is unfair, despite him knowing from last year we have been wanting to move in our appt. 

Anyways let's see what comes out of rent committee. 

Thanks anyways.


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## m1key (Jun 29, 2011)

deepikaraj said:


> Rsinner,
> Trust me when I say we wish to have an amicable resolution. That's the reason we went to meet despite him brushing us off 3 months back. Our contract got over on 16 nov and the tenants gets over on 15 Dec, we even offered them to continue staying until 15 dec but he refuses to leave after that. Which I feel is unfair, despite him knowing from last year we have been wanting to move in our appt.
> 
> Anyways let's see what comes out of rent committee.
> ...


In this instance RERA should be on your side. He has a renewable contract (presumably) with Marks Falcon that he wont be able to renew as he wont be able to find them! Morally I think he should leave in December. As he is refusing to go definitely go down to speak with RERA/Rent Committee and take all paperwork with you. Another avenue if you get to December and he still refuses to leave then try DEWA. As owner and the fact he has no valid contract after his expires you may be able to get the DEWA cut off. I'm no expert in this, but an avenue to try. You should only try that if the period he has paid for has finished.

Again, good luck...


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