ZMAN

Hi all,

Its actually my first post in this forum, however I actually have been regularly visiting it for a while now.

I have been living in my apartment in Dubai for the last couple of years with almost no problems. When I first signed the lease for the unit, I went through a local Power of Attorney who acted on the behalf of the Landlord who is out of the country. I must also add that all rental checks were signed in POA's name not the Landlord, which seemed to me quite odd when I first signed them.

Anyway, as the year progressed I started receiving calls from First Gulf Bank informing me that the Landlord has defaulted on his mortgage and that I should force the POA to change the remaining checks in the Landlords name. Apparently the POA has been cashing the checks and sending them to the Landlord abroad and with holding the mortgage payments. Well I couldn't do anything and told them I'm just a tenant and if they want their money then they should take them to court.

Despite receiving also numerous letters from FGB's lawyers that I must vacate the apartment, I held on to my nerves and stayed in it until the lease expired.

Following that, First Gulf Bank quickly contacted me and informed me in writing that since the Landlord has defaulted on his loan and is now a criminal in the UAE they have the right to act as POA on his behalf. They then proceed to provide me with a tenancy contract on behalf of the Landlord and with a significant rental decrease. I've hesitantly signed it and wrote all checks in also the Landlord's name.

My family and I have been living in this apartment for the past 10 months, however today I have received a court order from the Dubai Municipality informing me that the previous POA has file an court order against me for failing to pay the rent for the past 10 months and wants me to pay the amount in full for the year.

I have copies for all the checks and they have definitely been deposited in the Landlords account at First Gulf Bank.

I would really appreciate if someone of you would share your thoughts are as my hearing is on Wednesday late afternoon.

Thanks

OriginalSunshine

Any thoughts I have are too late in the day, and won't help.

Get a bloody good lawyer, sign all your assets over to family members right now, and get advice on whether the original PoA is in the right. If they are, get the **** out of Dodge, or be prepared to pay up.

norsk

Why don't you just speak to the bank? If the landlord defaulted on his mortgage and they stepped in as POA I can't see how you can be at fault as long as you have copies of all paperwork including proof that you have paid rent.

I'm sure the landlord is pissed as he is suddenly having to pay off his mortgage, and his old friend the original POA was probably getting a cut..

ZMAN

You are right guys, and thanks Norsk. I've actually contacted the bank and they informed me that the contract is definitely valid and that they will send one of their lawyers to defend me in court.

I've also went to Rera this morning and they informed me that the bank has a right to do whatever they like when the landlord defaults on payments including renting out the property directly on behalf of owner or directly in their name to collect payment. They said just appear in court and present the contract and proof of payment. So fingers crossed it will be quick and easy.

Bob

Good luck and welcome to BE.

mission

and the whoop a$$ can of worms is opened again.

hope you are sorted mate.