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Given notice by LL

1692

Posts

EW EXPERT

Latest post on 25 March 2013 - 10:47

So our LL emailed us yesterday stating that in line with the RERA guidelines he is giving us notice.

That was it..... So not sure what his understanding of this is, but wondered if anyone can confirm through recent experience, hoping Starsouthern sees this as think you may know.

Is the 12 months notice still the law?
Does the notice start from when we receive it or from the end of the current contract?
Does the LL have to issue notice via a notary and or signed delivery?

TIA

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215

Posts

EW NEWBIE

Latest post on 25 March 2013 - 17:41

Thanks guys, yes hindsight is 20/20. We should have insisted on a yearly contract but looking back we actually thought this would be our last year here as we planned on moving to a villa at the end of this lease. Then the rents shot up everywhere and we've had to reconsider! Ok we will go to the Rent Committee for further clarification. Thanks again. And good luck emlsnre, hope all works out for you (& us). Curly

1692

Posts

EW EXPERT

Latest post on 25 March 2013 - 17:29

We were concerned at one point that we were about to expire and LL was still insisting on 25% increase,so we checked with RC and they told us that as long as we had given our notice of intent to renew that it would automatically roll on. I would always insist on having a contract though before parting with monies.....

8965

Posts

EW MASTER

Latest post on 25 March 2013 - 17:16

Hi there, Sorry to hijack but we are going through something similar but just wanted advice please. Our LL told us he had sold the apartment and gave us new LL's name, number and email and advised us we had to be out at the end of our lease (May). Our lease is not a Non Renewable lease and we know about the 12 months notice etc. we in fact believe the apt hasn't been sold as we have googled new LL and we think he's a mate/colleague of our current LL. Our problem is - after the first years lease we renewed by email (been here 3 yrs), saying we renew as per terms and conditions of lease. So in effect we only have a blue lease (standard agent) for the first year and for the subsequent 2 years, emails stating a continuation under same t&c. We have gone to RERA and in typical Dubai style, one person told us we are in the right and can't be kicked out while another said the opposite. Anyone have any advice? Known of similar circumstances? Thank you, Curly If your lease says Non Renewable then unfortunately you are not entitled to the 12 months notice period. Also each consecutive year you stay in a villa/flat you need to get a contract drawn up and register it. The email continuation is not enough. Always have a contract never ever ever go by email only! You should always get a copy

1618

Posts

EW EXPERT

Latest post on 25 March 2013 - 17:14

We're on The Villa too, just before the end of our first year, we got the usual b/s about change of job, need the house back etc etc. - werent given 60 days notice, then he tried an increase, again no, we were still just in the bracket. Then we got the years notice stating he wants it for his own use and the 'non renewable' contract. I just absolutly detest the greed of this place, there has been absolutely no improvement on facilities here and our courtyard has still not been landscaped. It is my understanding that if the landlord rents the house out again we can sue him for costs does anyone know the status on that. If he rents out the property within 2 years of kicking you out and doesn't move in himself you can take him to the rent committee for compensation on moving costs and the raise in rent that you've had to pay by moving to a new location. LL do this because people just say oh well and can't be bothered with following it up. However now with the Ejari system there will be complete proof that your LL hasn't moved in themselves. Personally I would write a strong worded email informing LL of this and making it clear that I would sue him, if he did rent the property out within two years of you vacating.

469

Posts

EW EXPLORER

Latest post on 25 March 2013 - 17:13

Hi there, Sorry to hijack but we are going through something similar but just wanted advice please. Our LL told us he had sold the apartment and gave us new LL's name, number and email and advised us we had to be out at the end of our lease (May). Our lease is not a Non Renewable lease and we know about the 12 months notice etc. we in fact believe the apt hasn't been sold as we have googled new LL and we think he's a mate/colleague of our current LL. Our problem is - after the first years lease we renewed by email (been here 3 yrs), saying we renew as per terms and conditions of lease. So in effect we only have a blue lease (standard agent) for the first year and for the subsequent 2 years, emails stating a continuation under same t&c. We have gone to RERA and in typical Dubai style, one person told us we are in the right and can't be kicked out while another said the opposite. Anyone have any advice? Known of similar circumstances? Thank you, Curly If your lease says Non Renewable then unfortunately you are not entitled to the 12 months notice period. Also each consecutive year you stay in a villa/flat you need to get a contract drawn up and register it. The email continuation is not enough. Curly said that the lease was [b'>not [/b'>a non-renewable lease. But, if a new contract hasn't been signed each year, then is it taken as rolling over, or there is no contract? That's a tricky one, maybe you should try rent committee instead of RERA. Sorry can't be of any help :-(

215

Posts

EW NEWBIE

Latest post on 25 March 2013 - 17:11

Thanks star southern. It doesn't say Non Renewable so we know we are ok from that front. The part I am worried about is the email continuation of the lease so basically you are saying as we don't have an actual lease for the two consecutive years we don't have a leg to stand on :( ?

1618

Posts

EW EXPERT

Latest post on 25 March 2013 - 17:08

Hi there, Sorry to hijack but we are going through something similar but just wanted advice please. Our LL told us he had sold the apartment and gave us new LL's name, number and email and advised us we had to be out at the end of our lease (May). Our lease is not a Non Renewable lease and we know about the 12 months notice etc. we in fact believe the apt hasn't been sold as we have googled new LL and we think he's a mate/colleague of our current LL. Our problem is - after the first years lease we renewed by email (been here 3 yrs), saying we renew as per terms and conditions of lease. So in effect we only have a blue lease (standard agent) for the first year and for the subsequent 2 years, emails stating a continuation under same t&c. We have gone to RERA and in typical Dubai style, one person told us we are in the right and can't be kicked out while another said the opposite. Anyone have any advice? Known of similar circumstances? Thank you, Curly If your lease says Non Renewable then unfortunately you are not entitled to the 12 months notice period. Also each consecutive year you stay in a villa/flat you need to get a contract drawn up and register it. The email continuation is not enough.

215

Posts

EW NEWBIE

Latest post on 25 March 2013 - 17:01

Hi there, Sorry to hijack but we are going through something similar but just wanted advice please. Our LL told us he had sold the apartment and gave us new LL's name, number and email and advised us we had to be out at the end of our lease (May). Our lease is not a Non Renewable lease and we know about the 12 months notice etc. we in fact believe the apt hasn't been sold as we have googled new LL and we think he's a mate/colleague of our current LL. Our problem is - after the first years lease we renewed by email (been here 3 yrs), saying we renew as per terms and conditions of lease. So in effect we only have a blue lease (standard agent) for the first year and for the subsequent 2 years, emails stating a continuation under same t&c. We have gone to RERA and in typical Dubai style, one person told us we are in the right and can't be kicked out while another said the opposite. Anyone have any advice? Known of similar circumstances? Thank you, Curly

704

Posts

EW GURU

Latest post on 25 March 2013 - 15:04

Its just very frustrating all round this will be our 4th move and its my daughter i feel for, she will have to leave friends and neighbours and make new friends yet again. Nothing has been learned here. I know the feeling but I think even if we had moved to another area, we'd be in a similar situation. It is the greed of the LL;s and we're at their mercy unless we buy.

163

Posts

EW NEWBIE

Latest post on 25 March 2013 - 14:59

Its just very frustrating all round this will be our 4th move and its my daughter i feel for, she will have to leave friends and neighbours and make new friends yet again. Nothing has been learned here.

704

Posts

EW GURU

Latest post on 25 March 2013 - 14:42

We're on The Villa too, just before the end of our first year, we got the usual b/s about change of job, need the house back etc etc. - werent given 60 days notice, then he tried an increase, again no, we were still just in the bracket. Then we got the years notice stating he wants it for his own use and the 'non renewable' contract. I just absolutly detest the greed of this place, there has been absolutely no improvement on facilities here and our courtyard has still not been landscaped. It is my understanding that if the landlord rents the house out again we can sue him for costs does anyone know the status on that. At least you stuck to your guns and got the 12 months notice. In terms of your latter paragraph, I heard the same but I'm not sure the status. Personally, in 12 months, I would have at least had time to consider the market and budget for the rent increase. I have no regrets moving to the Villa, having saved substantially (in fact, an entire years rent in the two years I've been here) having moved from the Ranches. I like the location, its close to our kids school, work etc. I was here during the boom and all landlords were trying it on - now we have laws to protect us. I have friends at the Ranches whose landlords are also trying to increase 60K this year so while there's a lot in the Villa, its also happening in other parts as well.

163

Posts

EW NEWBIE

Latest post on 25 March 2013 - 14:32

We're on The Villa too, just before the end of our first year, we got the usual b/s about change of job, need the house back etc etc. - werent given 60 days notice, then he tried an increase, again no, we were still just in the bracket. Then we got the years notice stating he wants it for his own use and the 'non renewable' contract. I just absolutly detest the greed of this place, there has been absolutely no improvement on facilities here and our courtyard has still not been landscaped. It is my understanding that if the landlord rents the house out again we can sue him for costs does anyone know the status on that.

Madge_Gustard59558

841

Posts

EW GURU

Latest post on 25 March 2013 - 14:17

We've done OK, and by next year will have been here for 4 years so it has been worth it for us. For sure, you've been there since 2010 so you've received maximum benefit from the rent crash. But there will be people who only arrived in the last year or so who were thrilled to get such a large villa for such a good price, and are now going to find themselves shafted unless they're willing to go through the unwanted stress of using the system to protect themselves. We have friends who moved into JVT about six months ago and were waxing lyrical over the size of the villa and the garden and the terrific rental price... we smiled and nodded but all the while we were thinking "Yeah yeah, just you wait until renewal time..." :(

1618

Posts

EW EXPERT

Latest post on 25 March 2013 - 14:13

Great this is what we thought, our contract doesn't expire until June which is when we were expecting to receive 12 months notice. But I suspect he thinks that he has given us notice now so will either not be expecting to renew in June or for us to move out 12 months from now... You can stay until June 2014, however on the property show yesterday and when I have called RERA and the rent committee they have said that landlord can give you 90 days notice to move if you don't agree then they have to give you a 12 month non renewable contract. 12 months notice is from the end if your current contract if they are selling or want to move in themselves. They also said to me an email is sufficient notice it doesn't have to be notarized. Call the rent committee though to double check what they say as your LL might have been told that 90 days is enough, so you think you have 12 months and he thinks you're out at the end of your contract.

1692

Posts

EW EXPERT

Latest post on 25 March 2013 - 13:55

You are at The Villa too right? There seems to be a huge amount of people here going through this... Surely it was inevitable? LLs always seem to think that villas are like gold dust, so although it was cheap to get into The Villa at first because of its location and poor facilities, it was obvious that LLs would be looking to push rents up as high and fast as possible when they got a sniff of the tide having turned. That's one of the reasons we wouldn't touch a villa with a barge pole, especially not a villa owned by a private individual. Life's too short to go through all that RERA hassle every year, and you know that eventually they'll hit you with a non-renewable contract to force you out anyway. We've done OK, and by next year will have been here for 4 years so it has been worth it for us.

Madge_Gustard59558

841

Posts

EW GURU

Latest post on 25 March 2013 - 13:42

You are at The Villa too right? There seems to be a huge amount of people here going through this... Surely it was inevitable? LLs always seem to think that villas are like gold dust, so although it was cheap to get into The Villa at first because of its location and poor facilities, it was obvious that LLs would be looking to push rents up as high and fast as possible when they got a sniff of the tide having turned. That's one of the reasons we wouldn't touch a villa with a barge pole, especially not a villa owned by a private individual. Life's too short to go through all that RERA hassle every year, and you know that eventually they'll hit you with a non-renewable contract to force you out anyway.

1692

Posts

EW EXPERT

Latest post on 25 March 2013 - 12:25

I know of at least six others here all being told that they have to go as LL needs to sell. Like you we are still within the average range so LL not entitled to any increase. 2 years ago he tried a 25% increase but we stuck to our guns and he finally gave in. He has been saying he has to sell, then wanted to know how much we could pay come renewal and now an email with notice. We will give him the sixty days notice of intent to renew, and ignore anything else unless it is done correctly.

704

Posts

EW GURU

Latest post on 25 March 2013 - 12:16

Thanks, we will notify him with 60 days notice of our intent to renew. I am not going to point out the law to him that is his responsibility to find out as LL. Just wanted to make sure we were right in our thinking. @Xmas baby. You are at The Villa too right? There seems to be a huge amount of people here going through this... Yes, I am! I think its because now in phase 2/3 there is grass and play areas, the LL's are trying to get more money. Our landlord told us in December, they sold it, then asked us to start showing it, then said, they wanted to sell it and now has told us that he needs it for personal use. He's local man listed as the landlord but owns an investment company that owns tons of villas and so we often get communicated to by them. In my view, he/the company knows the law but is trying to bully us so he can raise the rent as we're still within the rental index (albeit at the low end!). We have gone to RERA several times but they have advised us to send the notarised letter stating our intention to renew despite his letter to vacate. They said let him challenge it so that he can pay the 5%.

1692

Posts

EW EXPERT

Latest post on 25 March 2013 - 11:59

Thanks, we will notify him with 60 days notice of our intent to renew. I am not going to point out the law to him that is his responsibility to find out as LL. Just wanted to make sure we were right in our thinking. @Xmas baby. You are at The Villa too right? There seems to be a huge amount of people here going through this...

8965

Posts

EW MASTER

Latest post on 25 March 2013 - 11:59

Great this is what we thought, our contract doesn't expire until June which is when we were expecting to receive 12 months notice. But I suspect he thinks that he has given us notice now so will either not be expecting to renew in June or for us to move out 12 months from now... Nope if you contract does not state Non Renewable then he has to give it to you in writing once your current contract expires. This is the law and if he does not agree you can pay your cheques and get your contract at the rental committee :-) Thats right, i am assuming he emailed you right? Then just email him back, saying Dear xx, thank you for your email, but i have checked with Rent Committee (not RERA), one needs 12 month notice from June etc, so we will be vacating in June 2014. I imagine he will not be happy lol

305

Posts

EW EXPLORER

Latest post on 25 March 2013 - 11:54

Great this is what we thought, our contract doesn't expire until June which is when we were expecting to receive 12 months notice. But I suspect he thinks that he has given us notice now so will either not be expecting to renew in June or for us to move out 12 months from now... Nope if you contract does not state Non Renewable then he has to give it to you in writing once your current contract expires. This is the law and if he does not agree you can pay your cheques and get your contract at the rental committee :-) Thats right, i am assuming he emailed you right? Then just email him back, saying Dear xx, thank you for your email, but i have checked with Rent Committee (not RERA), one needs 12 month notice from June etc, so we will be vacating in June 2014.

704

Posts

EW GURU

Latest post on 25 March 2013 - 11:52

It needs to be 12 months written notice signed by a notary and delivered to you. We are going through the same thing with our landlord. We went to RERA and they advised that we get a letter from a the notary, stating our intention to renew. They said, ll can then file a case and they said worse case, we would get 12 months from the date, of the letter he sends that is notarised.

8965

Posts

EW MASTER

Latest post on 25 March 2013 - 11:44

Great this is what we thought, our contract doesn't expire until June which is when we were expecting to receive 12 months notice. But I suspect he thinks that he has given us notice now so will either not be expecting to renew in June or for us to move out 12 months from now... Nope if you contract does not state Non Renewable then he has to give it to you in writing once your current contract expires. This is the law and if he does not agree you can pay your cheques and get your contract at the rental committee :-)

1692

Posts

EW EXPERT

Latest post on 25 March 2013 - 11:35

Great this is what we thought, our contract doesn't expire until June which is when we were expecting to receive 12 months notice. But I suspect he thinks that he has given us notice now so will either not be expecting to renew in June or for us to move out 12 months from now...

8965

Posts

EW MASTER

Latest post on 25 March 2013 - 11:20

its 12 months notice to vacate, which is probably when you signed the contact last probably? If the contract does not say Non Renewable then they have to give you 12 months notice by law at the end of the contract. They cannot just ask you to leave and 9 times out of 10 then dont want to live in it or sell it they just want more cash! By law they cannot kick you out before the above They have to write you a letter and have it notarised as per the law!

305

Posts

EW EXPLORER

Latest post on 25 March 2013 - 11:17

its 12 months notice to vacate, which is probably when you signed the contact last probably?

1692

Posts

EW EXPERT

Latest post on 25 March 2013 - 11:15

I did check on the rera site and what they display is still 12 months notice but it isn't clear when this runs from. It also still states it has to be notarised... Just wanted to make sure there weren't any new laws that supercede these... We definitely have a renewable so no problem there. LL has been OK but the last 6 months has started the I need to sell, and we have been very accomodating with viewings, then 2 weeks ago he texted to say there would be an increase on renewal in line with RERA, and now this..... Guessing he isn't looking to sell but just wants more rent and he can't enforce that while we are here as he is not entitled.. <em>edited by emlsnre on 25/03/2013</em>

Madge_Gustard59558

841

Posts

EW GURU

Latest post on 25 March 2013 - 11:11

If your current contract says "non-renewable" then he should have discussed this with you and served you notice when you signed it.

8965

Posts

EW MASTER

Latest post on 25 March 2013 - 11:08

From my understanding, the LL has to give you 12 months notice and your 1 year starts at the end of the present contract. However, you need to check if you signed a non-reneal contract first Have a look on your current contract, if it says non renewable then you cannot If it doesn't state anything then the above is correct. Most contracts are the standard ones which can be renewed The letter to move out also has to be notarised. No emails etc

1575

Posts

EW EXPERT

Latest post on 25 March 2013 - 10:57

From my understanding, the LL has to give you 12 months notice and your 1 year starts at the end of the present contract. However, you need to check if you signed a non-reneal contract first

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