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Community Charges, Emaar and denial of entry

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8965

Posts

EW MASTER

Latest post on 08 April 2015 - 14:29

I too am moving within the Greens and subsequently found out that you can call Emaar with the Landlords name and unit number/building name and they will tell you if there are any outstanding charges on the apartment. I am glad you got it sorted out. The Greens/Views have a FB page which is always handy to ask questions/get advice from That is actually a great step forward. When I tried to enquire on something similar a couple of years back, I was told payment or non payment was a confidential matter and tenants could not be told if their prospective owner had paid bills or not ! I too thought the same but when I called they gave me the information even though I had pronounced my new LL name wrong. A Real Estate agent on our Greens forum told me you can now call. :)

993

Posts

EW GURU

Latest post on 08 April 2015 - 14:21

I too am moving within the Greens and subsequently found out that you can call Emaar with the Landlords name and unit number/building name and they will tell you if there are any outstanding charges on the apartment. I am glad you got it sorted out. The Greens/Views have a FB page which is always handy to ask questions/get advice from That is actually a great step forward. When I tried to enquire on something similar a couple of years back, I was told payment or non payment was a confidential matter and tenants could not be told if their prospective owner had paid bills or not !

8965

Posts

EW MASTER

Latest post on 08 April 2015 - 12:09

Hi everyone and thanks so much for your very kind and detailed responses. Sorry for the delay in updating this, we have been sorting out access to the property (phew) and getting the internet connected. My husband, as suggested, politely mentioned getting the police involved which seemed to speed things up on the Emaar side of things, and Emaar in turn contacted the MD of the letting agents (a very big and well known firm) which seemed to motivate the exceptionally unhelpful individual we were dealing with. The Landlord does indeed live abroad and didn’t know payment was due and was very apologetic. We are now, thankfully, liaising with him directly on the other snagging issues (broken fridges and washing machines etc.) and good progress is being made. Thanks very much for all the links, the help and advice. We’ve learnt a whole load of important Dubai life lessons, including 1) don’t trust anything an agent says and confirm everything yourself 2) call the community manager direct to confirm outstanding service charges before you pay anything and 3) no matter how much pressure the agent applies, don’t pay their fee until you are in the property and all the necessary payments are up to date. We really left ourselves without leverage by giving in and paying them too early. Aside from this we have been enjoying our move out here and hope that the worst part is over now! I too am moving within the Greens and subsequently found out that you can call Emaar with the Landlords name and unit number/building name and they will tell you if there are any outstanding charges on the apartment. I am glad you got it sorted out. The Greens/Views have a FB page which is always handy to ask questions/get advice from

5

Posts

EW NEWBIE

Latest post on 08 April 2015 - 11:31

Hi everyone and thanks so much for your very kind and detailed responses. Sorry for the delay in updating this, we have been sorting out access to the property (phew) and getting the internet connected. My husband, as suggested, politely mentioned getting the police involved which seemed to speed things up on the Emaar side of things, and Emaar in turn contacted the MD of the letting agents (a very big and well known firm) which seemed to motivate the exceptionally unhelpful individual we were dealing with. The Landlord does indeed live abroad and didn’t know payment was due and was very apologetic. We are now, thankfully, liaising with him directly on the other snagging issues (broken fridges and washing machines etc.) and good progress is being made. Thanks very much for all the links, the help and advice. We’ve learnt a whole load of important Dubai life lessons, including 1) don’t trust anything an agent says and confirm everything yourself 2) call the community manager direct to confirm outstanding service charges before you pay anything and 3) no matter how much pressure the agent applies, don’t pay their fee until you are in the property and all the necessary payments are up to date. We really left ourselves without leverage by giving in and paying them too early. Aside from this we have been enjoying our move out here and hope that the worst part is over now!

45

Posts

EW NEWBIE

Latest post on 31 March 2015 - 18:31

Hi hope the following helps... might be worth printing them off and taking them to the Emaar Office.. as taking the name of the manager you speak to! :) 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 Good Luck!

405

Posts

EW EXPLORER

Latest post on 31 March 2015 - 18:19

Edinburghexpat, if the landlord, agent and Emaar are not willing to sort this out and the Rent Committee process takes too long, I would follow keeperofthetreasure's advice and speak with the police. They are very helpful and often just one phone call/visit from the police to the landlord or agent is enough to sort things out. You are the innocent party here and the landlord/agent have to be held accountable for misleading you. Emaar, unfortunately, have a hardline policy on this and refuse to budge. There really should be a requirement for landlords to provide some sort of clearance certificate to tenants before they're allowed to lease a property.

8965

Posts

EW MASTER

Latest post on 31 March 2015 - 15:41

The moving in form has to be submitted 5 days prior to moving in What concerns me is, what if you have handed over deposit and agency fees they are cashed ( They are usually cashed immediately) and then you find out that LL hasnt paid their annual fees?? Will agent refund the money?? I would be finding the agent and if he said he did all of this then he should have the move in permission from Emaar. We used to have boards up in reception stating who hadn't paid their fees but i havent seen them in a while What is the agent doing about it????? You should be able to get live information from Emaar regarding whether fees have been paid not have to wait 5 days to find out. One more thing to have to deal with

394

Posts

EW EXPLORER

Latest post on 31 March 2015 - 15:26

Sorry to hear of your situation. The agent should have had proof of the maintenance payments being up to date - but that does not mean future maintenance payments are always paid in time by landlords. Have you been to the Emaar offices to clarify why they are doing this etc? Who is it exactly locking you out - the Security man or the Concierge or someone from Emaar Admin. itself? There is an Emaar office on the ground floor of the Links building which is opposite Golf Towers 2 - they try to be helpful. Can you ask Emaar for the property owner's contact details - they will have it so you can try to phone him as your landlord? He may not be aware he owes the money if he lives overseas. You can also find out how much money is owing etc. I think Emaar must know the law in this matter - it might be a mistake.

2043

Posts

EW EXPERT

Latest post on 31 March 2015 - 13:27

Also which agent? I had a very weird phone call with an agent who deals in The Views this morning, it left me feeling quite upset, he mistook me for someone else and obviously someone he had a problem with....!

keeperofthetrea...

94

Posts

EW NEWBIE

Latest post on 31 March 2015 - 13:12

I assure you this is not allowed by RERA, my husband is in the business and RERA certified and developers/property managers are not allowed to refuse access to any facility or flat, s/charges paid or not. If I were in your shoes (and I am not telling you to do this) I would calmly mention calling the police unless you are allowed to enter. They are praying on the fact you are new to town and it is shameful. Opening a case will be long and complicated, I would visit RERA (Baniyas Rd) or do the above. The agent should also get in trouble for not doing due diligence, who is the agent? This is so infuriating, there is absolutely nothing Emaar or their security can do!

8965

Posts

EW MASTER

Latest post on 31 March 2015 - 13:10

Ps - this has all arisen from my applying for a move in permit. The agent assured us it had been paid and now obviously, this is not the case. Emaar are now saying they wont issue a move in permit until it has been paid and they are deactivating our passes to the building/amenites/car park until then. Has the agent gone to ground? I would be camped outside his office Speak to the Rent Committee as soon as possible. Have you been into the Emaar office in the Greens and spoke to them or only over the phone? Let me have a word with the guys on the community FB page for the Greens and the Views They may have some advice I will post back when I get a reponse <em>edited by sarahlou123 on 31/03/2015</em>

5

Posts

EW NEWBIE

Latest post on 31 March 2015 - 13:00

Ps - this has all arisen from my applying for a move in permit. The agent assured us it had been paid and now obviously, this is not the case. Emaar are now saying they wont issue a move in permit until it has been paid and they are deactivating our passes to the building/amenites/car park until then.

5

Posts

EW NEWBIE

Latest post on 31 March 2015 - 12:58

Its Golf Tower 1. I can't see anywhere that I've looked that said Emaar can't do this. I also appreciate that I can take the Landlord to court but how long does this take, and where are we meant to live in the meantime if it takes 6 months?

8965

Posts

EW MASTER

Latest post on 31 March 2015 - 12:38

Which bldg. is it at The Views as I live there too?

keeperofthetrea...

94

Posts

EW NEWBIE

Latest post on 31 March 2015 - 12:23

No they are not allowed to do this, go to RERA immediately

8965

Posts

EW MASTER

Latest post on 31 March 2015 - 12:04

Hi I am hoping someone might be able to help/provide advice/recommend a good lawyer if need be. We are new to Dubai and have an apartment in The Views. Under pressure from the agent we signed the tenancy contract and paid our rent cheque without first checking independently that the community charge was up to date and taking on trust the agents assurances that the landlord was up to date with this. It has now been established the landlord has not paid the service charge and Emaar are now refusing us access to the property (our flat included). Can anyone please answer the following: 1) Are Emaar allowed to do this? it's one thing to limit access to amenities but they have effectively made us homeless 2) What options to we have to gain access to the property if the landlord wont pay? 3) Can we cancel the contract and get our rent back if the landlord doesnt pay? He is in breech after all of our contract as he is meant to pay the service charge. 4) Can we pay the service charge and recover this from the landlord? Is there a legal avenue for us to do this or would we just have to cross our fingers and hope? 5) Is there any action we can take against our agents? I'm sorry if this has been covered else where - I've read posts about being denied entry to the pool etc but this is more basic than that. It seems mad that we have paid our rent and yet are homeless. Any advice welcome. Thanks in advance. Hello I have read other threads on this and I don't think they got anywhere with Emaar Go and speak to the rent committee. They will probably advise you that you will have to open a case against your LL and pay 5% of your annual rent to do this. You will then be assigned a day to take him/her to court. Did they let you move in before obtaining the move in/move out form from Emaar as i understood security/Emaar would request this before you moved in? Good luck and let us know how you get on .

5

Posts

EW NEWBIE

Latest post on 31 March 2015 - 11:58

Hi I am hoping someone might be able to help/provide advice/recommend a good lawyer if need be. We are new to Dubai and have an apartment in The Views. Under pressure from the agent we signed the tenancy contract and paid our rent cheque without first checking independently that the community charge was up to date and taking on trust the agents assurances that the landlord was up to date with this. It has now been established the landlord has not paid the service charge and Emaar are now refusing us access to the property (our flat included). Can anyone please answer the following: 1) Are Emaar allowed to do this? it's one thing to limit access to amenities but they have effectively made us homeless 2) What options to we have to gain access to the property if the landlord wont pay? 3) Can we cancel the contract and get our rent back if the landlord doesnt pay? He is in breech after all of our contract as he is meant to pay the service charge. 4) Can we pay the service charge and recover this from the landlord? Is there a legal avenue for us to do this or would we just have to cross our fingers and hope? 5) Is there any action we can take against our agents? I'm sorry if this has been covered else where - I've read posts about being denied entry to the pool etc but this is more basic than that. It seems mad that we have paid our rent and yet are homeless. Any advice welcome. Thanks in advance.

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