War machine

Hi everyone

As with everybody else my landlord is being a nuisance. 5 months into the contract he didn’t want to renew the contract and wanted us to vacate the property by the end of the tenancy contract. Reason given was personnel use. After lot of discussion/argument he finally gave up because as per the RERA rules he has to give me 12 months written notice which he didn’t want as he had no intentions to occupy the property for personnel use in the first place. Now 4 months remaining to the contract and he has come back and wants to have discussion around the renewal terms and the renewal rent. I need some help in terms of negotiating the renewal with him and I have the following questions?

1. Is he allowed to alter the terms of the contract when renewing i.e. no of cheques or any other terms of the contract?

2. He has notified me more than 90 days from the end of the tenancy contract, does he need to give me something in writing that he intends to renew the contract? and

3. What are the rules around cancelling of the contract if in case I want to leave the country? Back in the UK after one had completed their first year of the contract period, the contract become a rolling contract and either party can give a reasonable notice i.e. 2-3 months per the contract without incurring any penalties. What the rules around this in Dubai? Can I take him to the rent committee if he decides not to pay me back the amount for the remaining period?

Ta

mikewot

Go into the sandpit forum, top stickie 'Renting in Dubai FAQ', download the document with the laws.

1. Terms & conditions can be changed provided that he tells you at least 90 days prior to renewal. But you BOTH have to agree.
2. It is assumed that unless you say you don't want to it rolls over. But always polite to tell your LL. I wait until inside the 90 day period when changes cannot be made ;-)
3. You sign the contract for a year, so legally you have to stay the year you agreed to. In practice most LL will expect a penalty of 2 months rent as a penalty for your breaking the contract. You need to negotiate with your LL.

Only 4 reasons LL can give you an eviction notice (unless you're a bad boy and messing around):
One is if they're selling, two are around repairs/improvements where you cannot continue to live there (all approved plans required). Last is if moving in themselves, where they must prove they have nowhere else to live and if they don't move in you take then to the Rental Dispute Committee who will 'fine' them up to 6 months rent as compensation to you plus block it being rented (via Ejari) for 2 years.

War machine

Many thanks for your prompt response Mike, just few follow up queries though

1. Since he has sent me a text message that he wants to discuss the terms and the rent amount can I still keep quiet and have the discussion within the 90 day period? And is a text message enough from the landlord to state his intention to renew or it has to be written?

2. I know for a fact that the RERA rent calculator will not allow for any rent increase, now can he amend the contract and add additional items like service charges and maintenance to be paid by the tenant?

ta

mikewot

1) I personally would not start playing those sorts of games.
2) By law maintenance is the LL responsibility. Recently the Rental Dispute Committee issued clarification on LL adding those sorts of clauses to rental contracts. They are illegal and you are entitled to reject. Don't forget it's 90 days notice for any change, not just rent increases and you must both agree.

War machine

Thanks Mike

War machine

Hi everyone

I have been trying to find a resolution to a rental dispute with my landlord for a quite a while now and it looks as though the negotiation have come to a standstill, he is asking for an increase of 25% in rent because he wants to bring his family to Dubai and hence is expecting me to compensate for the high rents or alternatively leave the apartment within 6 months vs. 12.

It is mostly likely that the issue will go to the rental dispute committee. I am planning to engage a lawyer to get some advice on this issue. And the main reason for engaging a lawyer is because the Landlord has got the support of the property agent.
Has anyone been in a similar situation? Can you advise me if a lawyer is needed and if so can you please share contact details/reference of lawyers who can give counsel and also represent me if need be.

Any other help would really be appreciated.

mikewot

I do not understand what you mean by " the Landlord has got the support of the property agent." If you mean estate agent so what? Estate agents out here are generally useless and despite having to know the laws to pass exams they will ignore them to act as the LL lapdog.
You should have all the laws in the FAQ, they are very clear and the Rental Dispute Settlement Committee are good at applying them. If I were you I would go to the RDSC and raise a case, you do not need a lawyer for this. Your case appears cut and dried to me, the LL has failed to issue an eviction notice of 12 months as required by law. I'm assuming that you looked at the RERA rental calculator, which determines the allowed rental increase by law (by the way the maximum permissible increase is 20%).

Even if you engage a lawyer you still need to attend the RDSC hearing (and judgement) in person because you will be asked questions.

War machine

Hi Mike

I mean the estate agent and because they deal with these issues on a daily basis they know what the loopholes are! hence I thought if I get some advice from a lawyer it might be helpful.

I have read the FAQ and spoken to RERA good few time now and as you said the case appears straight forward, however, there are few Addendum's to the contract that I am bit worried and confused such as:

A) Renewal of the contract is subject to approval of the landlord
B The renewal of this contract will depend on the mutual understanding between the Landlord and the Tenant and
C)The Landlord and Tenant agree that the law regulating relationship between landlords and tenants in the Emirates of Dubai shall apply

It appears that these terms are just contradicting each other!

And finally as per the rent calculator, no increase is due as I am already paying the maximum rent for this area.

Do you know how long does it take between making the complaint and the judgement and what kind of questions do get asked?

Thanks

mikewot

In general (because I like sweeping generalisations) estate agents do as the LL tell them to do, irrespective of the law. I doubt that many estate agents are fully aware of the law, only enough to pass the exam.

Addendums must be in accordance with the law, the RDSC clarified this recently. Tenants' right to reject Dubai rent contract - Emirates 24/7

They should hear your case within 30 days and you'l be asked what addendums you agree with, which you disagree with, are you willing to move out, do you think the rent increase is incorrect, how much extra rent would you pay etc. The judge will expect quick answers and get tetchy if you're slow.

War machine

Thanks mike