Emaar not issuing key card - landlord not paid service charge | ExpatWoman.com
 

Emaar not issuing key card - landlord not paid service charge

57
Posts
EW NEWBIE
Latest post on 18 November 2014 - 19:27

Hi all,

We live in the Greens and our access card to enter the building and open the car park gate recently stopped working. Emaar say it's faulty (although we suspect they deactivated it deliberately) and are now refusing to issue a new card on the grounds of the landlord not having paid service charge.

We have been in a battle over a rental dispute with our landlord for the last 9 months, but recently won our RERA court case (both the original case and the appeal), but turns out the landlord complained to Emaar, saying we haven't paid our rent - which, we suspect, is why Emaar deactivated our key card.

With our RERA court case closed, we have now paid our rent and have a new signed tenancy contract - and yet we find ourselves in a situation where we can't enter our building or park our car without asking other residents for help.

We've explained all this to Emaar, but they insist that we need to get the landlord to pay the outstanding service charge. Why this is our responsibility is beyond me - it's not as if we are bailiffs! - but it seems there's no reasoning with Emaar. And the outlook is bleak, as after 9 months of court hearings, there is absolutely no way the landlord will pay anything - they're probably rubbing their hands with glee knowing that they've screwed us over in some petty way.

Having done a bit of research, it's clear this is quite a common problem, so I wanted to find out if and how anyone has managed to resolve a similar situation???

Thanks, would really appreciate any help on this, it's getting rather stressful!

22
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EW NEWBIE
Latest post on 22 November 2014 - 21:05
Could you not ask a neighbour to request a new one and pay them for it. That would work where I live.
57
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EW NEWBIE
Latest post on 22 November 2014 - 17:13
I have not read all the responses so apologies if I am duplicating information. It is not legal for Emaar to stop services to the tenant when the landlord has not paid community fees owing. There was a statement made by RERA earlier this year to this effect. I have copied the links to the news reports advising of this. Perhaps take them to the Emaar office and wave them around... http://www.emirates247.com/news/emirates/property-fees-must-be-paid-by-owners-rera-2014-03-18-1.542101 http://www.emirates247.com/news/emirates/dubai-tenants-can-file-lawsuits-if-services-discontinued-rera-2014-06-22-1.553750 Amazing! Thank you The Original BMAP :biggrin:
245
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EW NEWBIE
Latest post on 22 November 2014 - 16:09
I have not read all the responses so apologies if I am duplicating information. It is not legal for Emaar to stop services to the tenant when the landlord has not paid community fees owing. There was a statement made by RERA earlier this year to this effect. I have copied the links to the news reports advising of this. Perhaps take them to the Emaar office and wave them around... http://www.emirates247.com/news/emirates/property-fees-must-be-paid-by-owners-rera-2014-03-18-1.542101 http://www.emirates247.com/news/emirates/dubai-tenants-can-file-lawsuits-if-services-discontinued-rera-2014-06-22-1.553750
57
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EW NEWBIE
Latest post on 22 November 2014 - 15:12
Perhaps you can negociate with Emaar whereby you pay the maintenance charge to get the parking key but they still bill the LL and when they are paid they refund you. The office wouldn't even tell us how much the LL owes - they say all the details are confidential and that it is against their policy to discuss details with the tenant!
57
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EW NEWBIE
Latest post on 22 November 2014 - 15:08
Thanks for all your suggestions and help…. Yes, we've been to the office in the Greens and the two guys looked at us sympathetically but won't/ can't help us. In terms of renting a parking space, we just don't have the cash to spare. The car park is quite full at the moment too and I dread to think how much Emaar would charge for a second parking space. Our LL has taken way too much of our time already and there's really no point in stressing/ wasting any more energy. Guess we have no choice but to roll with it for 3 months and file this one under chicken s***.
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EW EXPLORER
Latest post on 22 November 2014 - 15:07
Perhaps you can negociate with Emaar whereby you pay the maintenance charge to get the parking key but they still bill the LL and when they are paid they refund you.
2043
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EW EXPERT
Latest post on 22 November 2014 - 14:19
Its the landlords responsibility to pay the service fees, and they are really expensive in the Greens so I would not consider doing that yourself. I would advertise in your building that you want to rent a car park for the next 3 months and see if anyone has an extra one that you could use. Maybe offer 1000Dhs a month? Just 3 months and then you can put this all behind you! :) This won't help as it is the access cards that have been deactivated, the parking space is still available to her but she can't get into the car park to use it. Yes but you wouldn't rent a car park without access to the area. When she rents a car parking space they would have to give her an access card included in the price. Yes you do, many people look for a second parking space and they will have access cards already. No one would surely rent a space in a building that they don't live in ;)
394
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EW EXPLORER
Latest post on 22 November 2014 - 14:08
Sweet tea - you know Emaar have small admin. office in the Links building in the Views - on the ground floor - just off the entrance area? ( I mean the building opposite Golf Towers 2 on Street 3). I'm not sure if it is only for the Views - but at least you could go into there to talk face to face - they are quite helpful and it would save you having to go down to the Emaar offices. I don't think phoning Emaar is as effective.
277
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EW NEWBIE
Latest post on 22 November 2014 - 13:48
Its the landlords responsibility to pay the service fees, and they are really expensive in the Greens so I would not consider doing that yourself. I would advertise in your building that you want to rent a car park for the next 3 months and see if anyone has an extra one that you could use. Maybe offer 1000Dhs a month? Just 3 months and then you can put this all behind you! :) This won't help as it is the access cards that have been deactivated, the parking space is still available to her but she can't get into the car park to use it. Yes but you wouldn't rent a car park without access to the area. When she rents a car parking space they would have to give her an access card included in the price.
2043
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EW EXPERT
Latest post on 22 November 2014 - 10:38
Its the landlords responsibility to pay the service fees, and they are really expensive in the Greens so I would not consider doing that yourself. I would advertise in your building that you want to rent a car park for the next 3 months and see if anyone has an extra one that you could use. Maybe offer 1000Dhs a month? Just 3 months and then you can put this all behind you! :) This won't help as it is the access cards that have been deactivated, the parking space is still available to her but she can't get into the car park to use it.
277
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EW NEWBIE
Latest post on 22 November 2014 - 10:15
Sweet Tea, I am so sorry you are going through this. Its really difficult when the landlord/tenant relationship breaks down. She sounds like a really unpleasant woman. Its the landlords responsibility to pay the service fees, and they are really expensive in the Greens so I would not consider doing that yourself. I would advertise in your building that you want to rent a car park for the next 3 months and see if anyone has an extra one that you could use. Maybe offer 1000Dhs a month? Just 3 months and then you can put this all behind you! :)
57
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EW NEWBIE
Latest post on 22 November 2014 - 09:13
If the LL doesn't live in the building or even the country, how do they even know they are being 'named and shamed'? Why would they even care? I also agree that if we were paying monthly cheques it would be different, we would at least have some leverage. Luckily we only have a relatively small amount of time left on our contract… but still I am 5 months pregnant and could do without the worry of how I am going to park and get in the flat every day for the next 3 months. Can Emaar not take a more aggressive approach towards home owners who have not paid service charges? How about threatening court earlier? Or imposing heavier fines sooner, to deter LL from playing the system? When we move out in 3 months the LL will pay the service charge so she can re-let the flat and there will be absolutely no consequences for her - the story continues for the next poor tenant who tries to renew their contract a year down the line… RERA have done a great job, but we're still a long way from being the desired 'smart city'...
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EW EXPLORER
Latest post on 22 November 2014 - 07:19
Emaar need to change their policies so there are direct consequences for the LL not the tenant! But how can they do that? How can they create direct and unavoidable consequences for LLs who live overseas, while not inconveniencing tenants? I would say that all tenancy contracts need to be approved by Emaar and only those who have paid will be approved. As much as I hate bureaucracy, there's already so much of it it wouldn't be a huge inconvenience ...
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EW EXPERT
Latest post on 22 November 2014 - 06:53
It is a shame that tenants here are treated so shabbily, landlords get away with blue murder and as Madge Gustard says until we pay our rents monthly (as they do in the rest of the world and even some ME countries like Qatar and Kuwait) we are always going to have battles over service fees, maintenance etc. Time for change please RERA and the Rent Committee, you've worked wonders already so now bring the UAE in line with the world !!
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EW GURU
Latest post on 22 November 2014 - 03:54
Emaar need to change their policies so there are direct consequences for the LL not the tenant! But how can they do that? How can they create direct and unavoidable consequences for LLs who live overseas, while not inconveniencing tenants? If a LL wants to ignore service charges, Emaar (or any other service provider) can do nothing about it other than name and shame, and if that doesn't work - which it won't if the LL doesn't live in Dubai, and may well not work even if they do - then withdraw services. Getting tenants to put pressure on LLs may well seem unfair, but Emaar has no power to compel LLs to pay other than by withdrawing services. It obviously doesn't help that tenants are locked into annual contracts and will have paid large lump sums of rent to the LL. In any developed country the tenant would be paying monthly, and they could either withhold rent until the LL paid the service charges, or simply terminate the tenancy and move without incurring the huge financial penalties that apply here. If you've paid your rent in one cheque, then you're stuffed. The LL has your money and isn't going to give it back, so you'll just have to grit your teeth and live with it, since you have no leverage at all. If you've paid in multiple cheques, then it's worth going to the RC, explaining the situation and asking if you have the right to stop the uncashed cheques. That's your only leverage - to withhold rent until the LL has paid the service charges. If the RC says you can't do it, though, then once again you're stuffed until the end of the contract. Since you've had 9 months of court battles, does that mean you're nearing the end of your current contract anyway? If so, the only sensible thing to do is just cope with the situation for the next 3 months and then move. Clearly your LL has no interest in behaving in a reasonable manner, and there's nothing you can do about it other than sever the relationship at the earliest opportunity. <em>edited by Madge_Gustard on 22/11/2014</em>
57
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EW NEWBIE
Latest post on 21 November 2014 - 10:42
Yes we are in contact with the LL and we have asked her to pay, but unfortunately our relationship with her is terrible - she's aggressive and abusive every time we try to talk to her. She does not live in the UAE so she won't care about naming and shaming. For her, this not about the money, she is very, very angry and bitter that we won the RERA case. Just before we lodged the case she actually threatened to stop paying service charge/ maintenance etc. She is using Emaar's service charge policy against us to make our lives difficult and ultimately bully us out of the apartment! Emaar need to change their policies so there are direct consequences for the LL not the tenant!
394
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EW EXPLORER
Latest post on 19 November 2014 - 19:37
Are you in contact with your landlord? Have you asked him about paying the communal charges? Emaar is just coming up to sending out charges for 2015. Emaar usually puts up a list in communal parts of anyone who has not paid the maintenance fees - such as near entrances and lifts - naming people who have not paid - to "shame" them, presumably. If your landlord is in Dubai he may not like this. Ask Emaar to put up your landlord's name in a communal place as a non payer of the charges.
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EW NEWBIE
Latest post on 19 November 2014 - 19:12
Thanks for the input Ladies! We went to see Emaar today and they can't and won't help us. They say this is between us and the LL and it is the LL denying us access to the building and not them. We're heading back to RERA tomorrow to the Execution Dept. to see if they can help. There's no way we would/ should pay service charge fee on behalf of the LL… It was stressful enough getting the couple of thousand Dirhams in court costs back from her after we won the case!
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EW EXPERT
Latest post on 19 November 2014 - 08:19
NO, absolutely do NOT pay the service fee! Your LL then wins and screws you over. You need to speak to RERA about it and see if they can take some kind of action against him.
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EW EXPERT
Latest post on 19 November 2014 - 08:06
That is very annoying but as you say, it indeed happens a lot. I would probably pay the outstanding service charge to in order to make my life easier and than go after the LL, either via Emaar or via regular court.
 
 

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