# Advice needed - Rental question on Landlord selling



## BBmover (Jun 15, 2013)

We have received a phone call from our estate agent that he wanted to bring around people to view the apartment tomorrow as our Landlord is selling. This was the first we had heard of it so a little surprised. As we are not home tomorrow there shall not be a viewing. 

What I'm wondering is:
Should we have been notified that the property is on the market so that we are aware that viewings will be organised? If so, how should this have been communicated to us?

The agent has told us we are fine to stay there as we have just paid for the next 6 months - no brainier really! But, we would need to be given 90 days notice for May expiry but what will happen if we don't have notice then the flat is sold? Trying to think ahead or .......

Any extra advice is welcome!
Welcome to our first year in Dubai!


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## telecompro (Apr 4, 2013)

I thought they would need to give you one year of notice..they can not just ask to evacuate you? It is quite ridiculous that is happening..it is my first year as well and i'm worried i would be facing the same thing


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## BBmover (Jun 15, 2013)

telecompro said:


> I thought they would need to give you one year of notice..they can not just ask to evacuate you? It is quite ridiculous that is happening..it is my first year as well and i'm worried i would be facing the same thing


No talk about notice yet just that they contacted for a viewing to be organised for tomorrow and we were unaware of landlord selling. I shall search more old threads here to see what others have been through.

What we are trying to work out is if we should have been advised before being asked for viewings. Why the agent would say we are fine until May when our contract expires as we realise they need to give us 90 day notice which would be in February. The agent will need to work with us on viewings as we are working and not able to be here during the day plus have a young child so evening viewings are not ideal either.

Checking the Rera calculator we are below the increase but know there will be within the new guidelines announced. 

Good luck with your contract!

In the mean time if anyone has any information it would be appreciated.


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## BBmover (Jun 15, 2013)

After reading through the Dubai Law I'm hoping someone can help? 

I think its Article 25 which states a Landlord must tell a tenant if they are selling but is this only if they have a buyer or if they intend to sell?
Would they then need to give us the notice, which should be notarised, that would set the new terms and conditions that would take us through another 12 months if we agree from the date of notice?
Also, we have noticed on our contract that it states 2 months notice to renew etc but reading through everything seems to say the law is 90 days which could override the contract? 
We are phoning the agent again today as he asked if we had been informed by the Landlord which we haven't so not sure what the notice is? 
We are also asking that we be informed through the appropriate channels until we agree to any viewings as well as suggesting that any correspondence for viewings or matters be emailed to us so we have a trail of evidence. Possibly being cautious but with everything I've read we feel its best!

We will seek advice from Rera but not able to go today with a poorly child. Anyone able to shed some light?
Thanks!


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## Chocoholic (Oct 29, 2012)

BBmover, any potential buyer should be made aware that there is a sitting tenant and any new LL is oblidged to continue your contract under the current terms. To evict you, they must give you 12 months written notice, notorized and delivered by registered mail. So potentially from the end of your current contract, you'd get another 12 months in your place - so don't panic on that front.

Yes, the owner should have informed you of their intention to sell the property.

The 90 days notice is for any changes to the current contract i.e. rental increase etc - it can not be used to ask you to leave.


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## BBmover (Jun 15, 2013)

Chocoholic said:


> BBmover, any potential buyer should be made aware that there is a sitting tenant and any new LL is oblidged to continue your contract under the current terms. To evict you, they must give you 12 months written notice, notorized and delivered by registered mail. So potentially from the end of your current contract, you'd get another 12 months in your place - so don't panic on that front.
> 
> Yes, the owner should have informed you of their intention to sell the property.
> 
> The 90 days notice is for any changes to the current contract i.e. rental increase etc - it can not be used to ask you to leave.


As always Chocoholic you are helpful - from beach days out to this! :hug:

Okay, we have not been given any notice of intention to sell so we are clearing that up today with the agent as a phone call yesterday to organise viewings was not acceptable. Am I right in that they can only view the property at our convenience? Also, should this have been sent by mail or would an email have been acceptable?

We understand the part about being a sitting tenant and renewing under the present terms after different threads on here and referring to the laws.
Why would our contract state 2 months if it is 90 days? Guessing the agent has done his own contract and terms.Although, we are also mentioning that today to the agent and using the Articles to refer to. 

So far we are trying not to panic but it seems that the intention to sell has been there but not forwarded to us. Hopefully, today's conversation shall shed some light on this and we can forward plan ourselves. Although, we are not going to take it as an oversight as the information has not been given so we shall be diplomatic but also inform of our rights and that correspondance is to be written in future to protect and gather. 

All a learning curve here......:smash:


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## telecompro (Apr 4, 2013)

BBmover said:


> As always Chocoholic you are helpful - from beach days out to this! :hug:
> 
> Okay, we have not been given any notice of intention to sell so we are clearing that up today with the agent as a phone call yesterday to organise viewings was not acceptable. Am I right in that they can only view the property at our convenience? Also, should this have been sent by mail or would an email have been acceptable?
> 
> ...


Please share the outcome  so i can be ready when it happens hehe


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## Chocoholic (Oct 29, 2012)

I'm hoping it's just been a lapse in communication. Yes, viewings should obviously be at your convenience - they can't just turn up at the drop of a hat. I think intention to sell, so long as it's in some written form - letter or email is probably acceptable, although RERA can clarify this point.

Typical agents and LL's being slack by the sounds of it. Please let us know the outcome as it will help others.


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## BBmover (Jun 15, 2013)

Chocoholic said:


> I'm hoping it's just been a lapse in communication. Yes, viewings should obviously be at your convenience - they can't just turn up at the drop of a hat. I think intention to sell, so long as it's in some written form - letter or email is probably acceptable, although RERA can clarify this point.
> 
> Typical agents and LL's being slack by the sounds of it. Please let us know the outcome as it will help others.


Okay here is the 'new outcome'!

My husband has spoken with estate agent and he doubled back very quickly! He said that he doesn’t need to get in to our apartment, for the viewing, as he showed the potential buyer another apartment with the same layout as our apartment. Also, he said our LL asked him to inform him if there was any interest in the apartments. The estate agent told him there was, but now the LL is ' too cold” on the idea?

My husband told the agent that we haven’t been informed, and he waffled about we’re okay and if the flat is sold, the new LL will have to carry on. The agent then asked if we’re happy in the apt and would we be renewing. My husband said we’re thinking about it. Also told estate agent that in future, to email any correspondence re: flat rental or other issues.

So, we stood our ground and mentioned how the procedures should have been followed and what we received in return was a different story to the one yesterday - the LL is selling to now he just wants to know of interest in apartments in the building selling. We are better prepared now and will wait and see what the end of January brings which is the 90 day clause on any change to tenancy agreement re rental increase or if they give any other notices.

Although, I'm wondering if we should send our LL an email too rather than just inform the agent how we want to correspond etc?


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## BBmover (Jun 15, 2013)

Sorry and we questioned our contract....

My husband said that our contract is incorrect (60 days) and agent said yes, that is the Dubai rental Court. (Not sure what he means by this?) My husband said the act states 90 days. The agent then asked are we happy to renew. No more to the conversation so I know that I shall be making a trip to RERA next week to check it out. Our contract is Ejari registered.
But, if they miss the 90 day deadline does that mean that any new terms etc would not be carried through and rent would stay the same?

We do know of 2 other people who have been given eviction notices this week with 12 months to leave!


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## Chocoholic (Oct 29, 2012)

If they miss the deadline for making changes, then yes, everything should just be renewed as per the current contract. Just be aware that there are only 4 reasons for a LL to give 12 months eviction notice. It's actually very hard to evict a tenant.


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## BBmover (Jun 15, 2013)

Thanks Chocoholic - we are aware of the 4 reasons. Lets see how the deadline goes now and if they try anything else but a trip to Rera is our next stop to see the legality of our contract with the 60 days.....for now breathe and be prepared!


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