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Another renting question

Another renting question

Old Mar 23rd 2009, 8:21 am
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Default 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!

Thanks again in advance
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Old Mar 23rd 2009, 8:30 am
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Default 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.
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Old Mar 23rd 2009, 8:35 am
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Default Re: Another renting question

Originally Posted by luceo non uro View Post
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.
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Old Mar 23rd 2009, 10:14 am
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Default Re: Another renting question

Originally Posted by MrsHawkes View Post
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.
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Old Mar 23rd 2009, 10:24 am
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Default Re: Another renting question

Originally Posted by Hello.Kitty View Post
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!
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Old Mar 23rd 2009, 11:00 am
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Default Re: Another renting question

Originally Posted by MrsHawkes View Post
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.
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Old Mar 23rd 2009, 11:11 am
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Default Re: Another renting question

Originally Posted by Blue Cat View Post
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?
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Old Mar 23rd 2009, 11:13 am
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Default Re: Another renting question

Originally Posted by MrsHawkes View Post
Can you cancel cheques here?
according to my husband you can
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Old Mar 23rd 2009, 12:33 pm
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Default 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.
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Old Mar 23rd 2009, 3:00 pm
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Default Re: Another renting question

Originally Posted by busybee2 View Post
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!
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Old Mar 28th 2009, 9:06 am
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Default 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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