# Made Redundant - rental issues



## Brutis (Feb 24, 2009)

Hi all, any advice on this issue would be appreciated.

I was made redundant in January and have been trying for a while to get my landlord to agree to end the tennancy so i can leave the country. We both agree that I should wear the loss of the difference in rent from what i pay and what he would receive.

However he also wants an extra fee of one months rent as well as pure profit for him.

Should i take him to the rent committee? 

Has anyone here sucessfully broken their lease because of redundancy?

I do not have a two month break fee as part of my contract.

Regards

Brutis


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## Xpat (Nov 12, 2008)

I feel sorry for you. You have to contact RERA and ask them about it. Welcome to the Official Dubai Real Estate Community


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## Brutis (Feb 24, 2009)

I have been down there, they won't really look at it until i pay the 3.5% fee..and thats over 7k AED....

anyway..he is now (after accusing me of trying to break the contratc to get lower rent) is refusing to do repairs..so may just have to take front up the cash and take my chances on the rent committee...


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## qwert97 (Jun 2, 2008)

Brutis

You need to read your tenancy agreement carefully and make sure there is an exit clause. If there is no clause you will be wasting 7K by going to RERA. Did your landlord register the tenancy contract - if not, RERA will not even look at it.


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## Brutis (Feb 24, 2009)

i think i can register the contract with RERA, and there are exit clasues but they are vague. The landlord has a few obligations under the contract that he has nor fulfilled so i will try and persue a claim on a few fronts. 

cheers...


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## Xpat (Nov 12, 2008)

Per RERA ("real estate law" )

Article 7
"If the tenancy contract is due and valid, it cannot be unilaterally terminated by the landlord or the tenant, unless both parties agree on such termination or in accordance with the provisions of this law."

So if silent on the issue of terminatio and consequences then the tenant will be liable for the "rent" for the full term...Landlords are now, more than ever, holding tenants to the provisions and not allowing any early termination without forfeiture...


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## Nutty Slack (May 14, 2009)

Sorry to hear your situation, Brutis. I'm in exactly the same boat, having recently been made redundant and stuck with 6 months' worth of rent to pay and no income. Did you get a resolution?

I heard that if you give three months notice to the landlord that should be enough to break the contract, even if you have no break clause in your contract Has anyone heard this? 



Xpat said:


> Per RERA ("real estate law" )
> 
> Article 7
> "If the tenancy contract is due and valid, it cannot be unilaterally terminated by the landlord or the tenant, unless both parties agree on such termination or in accordance with the provisions of this law."
> ...


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## NAA (May 14, 2009)

Hi all
I was looking at houses and I found according to this real estate some changes done to the law ... there is that even if your contract is not register the RERA and help you and other stuff...
Take a look

Hope it will help
cheers

they didn't allow me to post ... so I'm posting what was in better homes site
Law No. 33 of 2008 

This law is intended to amend the provisions of Law No. 26 of 2007, which regulates the relationships between landlords and tenants in the emirate of Dubai. Below are the most relevant amendments enacted by Law 33 of 2008.

Article 4 of the law requires that tenancy contracts should be registered with RERA. However, RERA or the Rent Committee can make an exception in entertaining disputes filed by landlord or tenant even if the tenancy contracts are not registered. This means you need to get your tenancy contract registered with RERA, but if you have not done so you may still have some legal protection. 

Article 9 of the law previously contained a two year protection against any increase in rent for the first two years of the tenancy; the amending law removes this protection. This means that rent increases can take place every year, in accordance with the 2009 rent cap and the index of rental values. 

Article 13 & 14 of the law require that if the tenancy contract is to be renewed at the end of its term and amendments are to be made to the contract, including any review of the rent, the parties to the contract must notify each other of such amendments at least ninety days prior to the expiry date unless the tenancy contract provides otherwise. 

Article 25 Part 2 adds that a landlord may terminate the tenancy contract upon expiry if he "wishes to sell the property.” However, there is a requirement for twelve months’ notice to be provided by the landlord to the tenant in such a case. Article 25 also introduces a requirement that any notification of eviction from a landlord must be sent either through the notary public in Dubai or registered mail. 

Article 26 of the law is amended to the extent that if the landlord wishes to recover the property for his personal use, he is now restricted to re-lease it to a period of 2 years for residential properties and 3 years for non-residential properties; previously it was a requirement of 1 year. 

Other highlights: In the event of premature termination by tenant, the tenant can claim for remainder rent amount by mutual agreement between landlord and tenant OR the rent committee can grant some amount of compensation to landlord and refund the remainder amount to tenant


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