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MrsHawkes Mar 23rd 2009 8:21 am

Another renting question
 
Hi all,

Sorry but i just want to be sure about something.

Am i right in saying, if we take a lease for a year and 4 cheques, if my husband was made redundant we would be held to pay that cheques because we have taken a years lease?

We wouldn't be taking a loan, we would just make sure we had enough money in the bank to pay the cheques when they are due but we wouldn't have the money for the cheques if he was made redundant (and he does work in construction after all).

Is there something we could ask them to put into the lease saying we can leave early if need be? or is this asking too much!:ohmy:

Thanks again in advance:)

luceo non uro Mar 23rd 2009 8:30 am

Re: Another renting question
 
Well, if it's any help I've just signed a new lease today - 12 cheques and with a 2 month notice period should I want to break it.

The agents say it's standard practice, but get it written into the lease anyway.

MrsHawkes Mar 23rd 2009 8:35 am

Re: Another renting question
 

Originally Posted by luceo non uro (Post 7409034)
Well, if it's any help I've just signed a new lease today - 12 cheques and with a 2 month notice period should I want to break it.

The agents say it's standard practice, but get it written into the lease anyway.

Oh interesting!

Thanks!

Can i ask where, what and how much? Sorry i hope you don't mind.

Hello.Kitty Mar 23rd 2009 10:14 am

Re: Another renting question
 

Originally Posted by MrsHawkes (Post 7409052)
Oh interesting!

Thanks!

Can i ask where, what and how much? Sorry i hope you don't mind.

ok... we've just been having a very similar discussion with our landlord... cue conflicting info, which you can sift through at your leisure!

- *apparently* a person recieving a cheque is, by law, allowed to keep the entire sum of that cheque (so, one single cheque for the full year's rent is a no-no). By having smaller cheques, you are therefore limiting your liability... however, I don't know what process there is in place to stop someone cashing in back-dated cheques without your consent...

- if you break your tenancy contract before the term is up, you are liable to forfeit 2 months' rent - although it would seem that you aren't allowed to live in the property during this time - so it's not a notice period, just a fine, in reality. The landlord then has to pay you back the remainder of the rent, or hand you back the uncashed cheques.

- some contracts have notice periods in (ours has a 3 month one), but in light of the 2 month forfeit, I'm really not sure what good it serves! Why would you give notice and then pay out when you could just say "see ya", pay your forfeit and go. There's no advantage.

- it's imaginable that if you've paid in 6 cheques, say, then you could just say "bye" and leave them with the last cheque... if you've paid in 12, say, then you *could* skip and try to avoid the forfeit... it all gets a bit dodgy at this point.

MrsHawkes Mar 23rd 2009 10:24 am

Re: Another renting question
 

Originally Posted by Hello.Kitty (Post 7409419)
ok... we've just been having a very similar discussion with our landlord... cue conflicting info, which you can sift through at your leisure!

- *apparently* a person recieving a cheque is, by law, allowed to keep the entire sum of that cheque (so, one single cheque for the full year's rent is a no-no). By having smaller cheques, you are therefore limiting your liability... however, I don't know what process there is in place to stop someone cashing in back-dated cheques without your consent...

- if you break your tenancy contract before the term is up, you are liable to forfeit 2 months' rent - although it would seem that you aren't allowed to live in the property during this time - so it's not a notice period, just a fine, in reality. The landlord then has to pay you back the remainder of the rent, or hand you back the uncashed cheques.

- some contracts have notice periods in (ours has a 3 month one), but in light of the 2 month forfeit, I'm really not sure what good it serves! Why would you give notice and then pay out when you could just say "see ya", pay your forfeit and go. There's no advantage.

- it's imaginable that if you've paid in 6 cheques, say, then you could just say "bye" and leave them with the last cheque... if you've paid in 12, say, then you *could* skip and try to avoid the forfeit... it all gets a bit dodgy at this point.


Thanks Kitty.

I think we'll have to see if we can get in the contract say 2 months notice and they will return the cheques or something. Whats the chances though!

Skipping not a option.

Guess we'll have to see what happens. So scary though!

Blue Cat Mar 23rd 2009 11:00 am

Re: Another renting question
 

Originally Posted by MrsHawkes (Post 7409447)
Thanks Kitty.

I think we'll have to see if we can get in the contract say 2 months notice and they will return the cheques or something. Whats the chances though!

Skipping not a option.

Guess we'll have to see what happens. So scary though!

we have two cheques on this place, one is due to be cashed on 1st of July, we are cancelling it and moving out regardless.

MrsHawkes Mar 23rd 2009 11:11 am

Re: Another renting question
 

Originally Posted by Blue Cat (Post 7409528)
we have two cheques on this place, one is due to be cashed on 1st of July, we are cancelling it and moving out regardless.

Can you cancel cheques here?

Blue Cat Mar 23rd 2009 11:13 am

Re: Another renting question
 

Originally Posted by MrsHawkes (Post 7409557)
Can you cancel cheques here?

according to my husband you can :thumbup:

busybee2 Mar 23rd 2009 12:33 pm

Re: Another renting question
 
you cant just cancel a cheque bc. a cheque is cash. and its not in the law that you can give 2 months notice and quit, it has to be written in to the contract. if you look at any standard tenancy agreement there is no mention.

Hello.Kitty Mar 23rd 2009 3:00 pm

Re: Another renting question
 

Originally Posted by busybee2 (Post 7409764)
you cant just cancel a cheque bc. a cheque is cash. and its not in the law that you can give 2 months notice and quit, it has to be written in to the contract. if you look at any standard tenancy agreement there is no mention.

I've just had a brief look at the various laws on the RERA site and it's really quite amazing - there's nothing whatsoever about terminating the contract legally early. Lots and lots about when and how the landlord can evict and lots of responsibilities for the tenant but nothing in reverse... how backward!

SheikhG Mar 28th 2009 9:06 am

Re: Another renting question
 
This is indeed a grey area..and RERA website does not provide any info on this.
Some insights from my experiences:

A friend of mine is looking to break out of his contract and is in a big fight with his tenant. He went to RERA for advice and they said that he needs to give 2 months notice and move out. But he doesnt have this in writing.

I spoke to a emirati landlord of a big complex a couple of days ago and asked what they are doing with people that have become redundant with contracts still running. He said that they need to show employment termination letter and they will end the contract with them. However, didnt mention the notice period.


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