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Notice to Tenant to Sell Property - Real Estate Agent saying unable to deliver notice to tenant - help!!

40

Posts

EW NEWBIE

Latest post on 26 August 2014 - 15:00

It has been 2 weeks now and our Real Estate Agents who manage our property are saying that they are unable to deliver the notice of termination of lease contract to our tenant. Apparently the courier has tried several times without success. Our real estate agents are pretty shocking anyway...any suggestions?? I understand the delivery needs to be made by courier. Has anyone experienced the tenant refusing to take delivery of such notice?

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8965

Posts

EW MASTER

Latest post on 31 August 2014 - 19:59

I and my LL were told that they have to give 12 months notice from end of current contract Even if you sell within that period the tenant can stay till June 2016 as the 12 months notice will be given June 2015. This had to be honoured even with a new owner

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Posts

EW NEWBIE

Latest post on 31 August 2014 - 16:20

Tenants contract runs out on June 15th, 2015 - we have not as yet sold. Our property is up for sale.

4747

Posts

EW MASTER

Latest post on 29 August 2014 - 20:13

I was given my notice 12 months from the end of my current contract I don't believe it is from the date of transfer to new owner Have you sold? When does the tenants contract end? its 12 mths from end of contract. any new owner must honour the contract etc

8965

Posts

EW MASTER

Latest post on 29 August 2014 - 14:30

I was given my notice 12 months from the end of my current contract I don't believe it is from the date of transfer to new owner Have you sold? When does the tenants contract end?

40

Posts

EW NEWBIE

Latest post on 29 August 2014 - 14:05

bump....feedback please.

40

Posts

EW NEWBIE

Latest post on 27 August 2014 - 19:25

Hi Geordieexpat and the other kind ladies who responded to my post yesterday - below is the notification we got from our agent - "Empost have informed us that the letter has been delivered so i will contact the tenant to assure him that is only a formality. For the 365 days notice the recognized way is through the notary public however the 365 days notice only starts from the date of transfer into the new owners name or you are moving in. However if you state that the reason for eviction is for owner occupancy you cannot rent the property again for 2years". Does this make sense to anyone? Why would the 365 days notice only start from the date of transfer to the new owner?? This makes no sense to me at all....

4393

Posts

EW MASTER

Latest post on 27 August 2014 - 08:44

Thanks Geordie...No I haven't. I am always diffident to post queries on fb somehow. Do you reckon I would get a better response? You would probably get at least a few honest responses amongst the other ones which will be a waste of time and space!!

97

Posts

EW NEWBIE

Latest post on 26 August 2014 - 20:58

I'm not surprised your agent was unable to deliver. Many people are still away and only returning later this week. I'd put it off and try again in another 10 days or so. It might be as simple as they are still on their summer break.

40

Posts

EW NEWBIE

Latest post on 26 August 2014 - 19:04

Thanks Geordie...No I haven't. I am always diffident to post queries on fb somehow. Do you reckon I would get a better response?

4393

Posts

EW MASTER

Latest post on 26 August 2014 - 17:54

I don't, but have you asked on the facebook page?

40

Posts

EW NEWBIE

Latest post on 26 August 2014 - 17:51

Finally, the all important question - do you know of anyone who has sold in Jumeirah Village Triangle? We are ready to be fair with the price as we really don't want to be part of all the greed we see in Dubai. It is not something that boards well with us at all. Infact I am even considering giving the tenant compensation to move as I realize it may not be easy when you have kids etc. Do you know of anyone who has sold?

4393

Posts

EW MASTER

Latest post on 26 August 2014 - 17:19

I have also been told that if you do sell the current tenant has first option to rent, if the new owner does not want to live there.

8965

Posts

EW MASTER

Latest post on 26 August 2014 - 17:12

Sarahlou thanks once again. Yes they have registered the Ejari. Will tell them they need to go to the place on SZR next to the RTA. Do you know of anyone who has managed to sell a property with a tenant still in it? Ours is in Jumeirah Village Triangle. If we do not serve this notice and sell the property is the new owner only liable to lease the property till the end of the lease contract? And after that it is upto his discretion whether he renews the tenancy or not? Is that correct?? I believe the law is that if you don't sell it before the end of the contract or eviction notice then they have the right to stay. You cannot re-rent it unless the tenant is happy to leave and you make them aware that you may re-rent it if it doesn't sell. They can take you to the rent committee if you say you are selling and then re-rent to another tenant. ( How they will do that when you aren't here I don't actually know but they do have rights as a tenant) If you do not issue notice to vacate and sell within the contract year then the new owner has to give one of the 3 valid reasons to evict the tenant or he or can stay. It isn't up to the LL to decide if he renews or not. The laws here a very pro tenant.

40

Posts

EW NEWBIE

Latest post on 26 August 2014 - 17:04

Sarahlou thanks once again. Yes they have registered the Ejari. Will tell them they need to go to the place on SZR next to the RTA. Do you know of anyone who has managed to sell a property with a tenant still in it? Ours is in Jumeirah Village Triangle. If we do not serve this notice and sell the property is the new owner only liable to lease the property till the end of the lease contract? And after that it is upto his discretion whether he renews the tenancy or not? Is that correct??

8965

Posts

EW MASTER

Latest post on 26 August 2014 - 16:30

Thanks very much all who have posted. We do not live in Dubai. Our property agents who neither pay us our rents on time, nor conduct property inspections as they are contractually meant to nor respond to emails or phone calls say that they are using Empost. This notice should have been delivered 2 weeks ago. We have not given them POA, as who knows what they would do with that. Tell them to go to the place on SZR next to the RTA and they do all the paperwork and delivery via Aramex. The typing shops should not do this and I didn't think Empost had anything to do with it either. Did they register the Ejari in order to raise the eviction notice?

40

Posts

EW NEWBIE

Latest post on 26 August 2014 - 15:59

Thanks very much all who have posted. We do not live in Dubai. Our property agents who neither pay us our rents on time, nor conduct property inspections as they are contractually meant to nor respond to emails or phone calls say that they are using Empost. This notice should have been delivered 2 weeks ago. We have not given them POA, as who knows what they would do with that.

8965

Posts

EW MASTER

Latest post on 26 August 2014 - 15:37

Sorry more information http://dubailandlord.blogspot.ae/2013/04/step-2-go-to-public-notary-office-and.html Aramex keep and send you the delivery report for the paperwork

8965

Posts

EW MASTER

Latest post on 26 August 2014 - 15:34

If the landlord wishes to sell the property or use it himself, he must send a 12-month notice to the tenant through the notary public stating his intentions. The landlord may then refuse to renew any lease for a period that extends more than 12 months past the date of notification. The notice must be in Arabic for the Notary Public to attest it. Then, the notice should be sent to the tenant through Aramex, which now has a representative branch at the Notary Public and the two steps can be done at the same time. It is important to keep record of the delivery report, in the event the landlord will later need to file a case at the Rent Committee. I found this information above Aramex did not call me to request delivery they just stuck it to my door Ask Aramex as they are the designated couriers for eviction notices.

2264

Posts

EW EXPERT

Latest post on 26 August 2014 - 15:32

Thanks. SarahLou - if you wanted to contest or say you didn't receive it, since no one had signed for it - could you have? We are just concerned the tenant turns around saying he did not receive anything? This is the 12 months notice. Our concern is that it has been 2 weeks now and if we had not kept on following up with our property agents, they would never have bothered to tell us...We just want to do the right thing as landlords. Have you called RERA to ask? I would certainly say, if it's not signed for, it's not received - not as far as I'm concerned anyway. Same as if someone else at their place of work signs for it, they can easily say it was never passed on. Better to cover all your bases on this one I reckon. And no, the ruling is a notice has to be sent via notary public OR registered mail. <em>edited by FairyDust on 26/08/2014</em>

IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 26 August 2014 - 15:31

I understood that this had to be notorised - does your property agent have a POA for you? If nto YOU are the only ones who can get the eviction notice from the public notary.

8965

Posts

EW MASTER

Latest post on 26 August 2014 - 15:30

Thanks. SarahLou - if you wanted to contest or say you didn't receive it, since no one had signed for it - could you have? We are just concerned the tenant turns around saying he did not receive anything? This is the 12 months notice. Our concern is that it has been 2 weeks now and if we had not kept on following up with our property agents, they would never have bothered to tell us...We just want to do the right thing as landlords. my understanding is that it just has to be sent by notary public For your peace of mind I would go to the place that raises them and ask It sounds as if the real estate agency don't know what to do, better to do it yourself I couldn't ignore a legal document as would be too scared and am too frightened to tell fibs however not all people are this way.

40

Posts

EW NEWBIE

Latest post on 26 August 2014 - 15:27

Thanks. SarahLou - if you wanted to contest or say you didn't receive it, since no one had signed for it - could you have? We are just concerned the tenant turns around saying he did not receive anything? This is the 12 months notice. Our concern is that it has been 2 weeks now and if we had not kept on following up with our property agents, they would never have bothered to tell us...We just want to do the right thing as landlords.

2264

Posts

EW EXPERT

Latest post on 26 August 2014 - 15:26

That's appalling! Without a signature from the person who is supposed to receive it, it can be claimed it was never delivered. I wouldn't accept that.

8965

Posts

EW MASTER

Latest post on 26 August 2014 - 15:22

It doesn't have to be signed for Mine was stuck to my front door for the entire world to see complete with my passport number and other details on show ( No envelope) This is the procedure via Aramex who issue the paperwork for said government entity. There isn't anything legal to state it has to be signed for so it can be taped to the door or pushed under it Aramex didn't contact me to say they would be delivering it. It isn't the same procedure as usual Aramex letters etc and when I called to complain that my confidential information was on show they said this is the practice for eviction letters. You will have your copy as proof it was sent <em>edited by sarahlou123 on 26/08/2014</em>

2264

Posts

EW EXPERT

Latest post on 26 August 2014 - 15:14

Why don't you try delivering it yourself, or to their place of work. I'm assuming this is 12 months notice?

40

Posts

EW NEWBIE

Latest post on 26 August 2014 - 15:10

Thanks Geordie. I have read posts on here say that even the courier slip has to be attested and acknowledged. And the courier needs to be signed for, else there is no proof of delivery?? Can a tenant simply refuse to take delivery of such a notice? We are really worried as our agents are extremely poor with communication and everything else.

4393

Posts

EW MASTER

Latest post on 26 August 2014 - 15:02

I am sure it was SarahLou who just found hers attached to her front door and it was perfectly legal

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