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12 month notice

samram

189

Posts

EW NEWBIE

Latest post on 28 September 2013 - 13:04

We have been given 12 month notice to vacate our apt last May..since then our apt has been sold, does the new owner have to give us 12 month notice as well?
Has anybody gone through something similar?
TIA

matchamaiden

Posts

EW NEWBIE

Latest post on 08 September 2023 - 17:31

hello.. can you please tell me what happened with this case ? i have similar situation and need to know what to do .. thank you

Hi! I recommend asking the FB group instead: https://www.expatwoman.com/dubai/forum/dubai-northern-emirates/12-month-notice

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ranstone

132

Posts

EW NEWBIE

Latest post on 08 September 2023 - 15:14

hello.. can you please tell me what happened with this case ? i have similar situation and need to know what to do .. thank you

This thread is 10 years old.

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sam2sham

Posts

EW NEWBIE

Latest post on 27 October 2013 - 01:39

My tenancy contract expires next week. I am entitled to renew it under the old terms, no changes and increases. My question is, do I have to pay the agency again and again if I renew the contract every year or they get their commission only once?

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Scaralex

225

Posts

EW NEWBIE

Latest post on 30 September 2013 - 15:22

Basically it boils down to the fact that the tenancy contracts we all sign as tenants or landlords are not worth the paper they are written on beyond the first few lines which are the names, amounts, the dates and the address. Everything within that contract including the notice period can and has been superseded by RERA laws. How on earth were we supposed to know that JIT646? Believe or not landlords don't get a phone call every time a law changes to advise them of the change and the implication for them. If the rules change for tenants it is all over the newspapers. I would love to know why you think you know enough about "most" landlords in order to generalize about them like that.

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JIT64665079

112

Posts

EW NEWBIE

Latest post on 30 September 2013 - 13:52

We are in the situation where we just want our villa back and the laws are all stacked against landlords. Quite frankly it is no ones business why we want the villa back - we have slogged here in Dubai for a long time to pay for the villa and would like the free option to sell it / do it up / live in it. [b'>We had 3 months notice period in our contract but the tenant last year quoted the rent committee and wanted 12 months notice. [/b'>We have given him that so he has had effectively 15 months notice while we are making a massive monthly loss. So come on people - think of the landlords too. Not all of us own twenty villas and are out to make a killing. Surely if you are prepared to rent out your place that you have slogged so hard for surely you should have taken time to familiarise yourself with the laws? Most LL's are quick enough to make a pretty penny off the people who rent and then are up in arms when tenants don't wish to move house every 12 months!

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Scaralex

225

Posts

EW NEWBIE

Latest post on 30 September 2013 - 13:44

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simpleasabc

5400

Posts

EW MASTER

Latest post on 30 September 2013 - 11:37

Switzerland and France are both countries where people expect to rent their home all their lives, not buy it. However, in both Switzerland and France, tenants can reasonably expect to stay in the same home, if they choose not to move, as long as they pay their rent on time and do not damage the premises. There is none of this "you've got to pay an outrageous rent hike after two years or move out" mentality that you get here. But do you need to give a year's notice to get someone out of your house? Do you have to give a reason? Goodness me, yes! The only way you can give good tenants notice is if you have proof that you and your family have nowhere else to go and want to move in. And if you sell the property, the tenants have first refusal on the purchase and if they don't buy, I think they then remain as sitting tenants and I'm not even sure they can be thrown out by the new owner at all. (Coincidentally, that happened to us at a time we were in a situation where we were able to buy the place we were renting, so I don't remember the fine details.) Friends of ours took it to the rent tribunal as they suspected their landlord was lying about needing to move in. They got themselves an extra year, at least.

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MrsMopp39686

594

Posts

EW GURU

Latest post on 30 September 2013 - 11:34

We have put our paperwork in front of the rent committee and they said absolutely that since the LL did NOT give a reason and [b'>is refusing to give a reason[/b'> the 12 months notice we were given is invalid even though he did it by registered post. Looks like we are staying another year. (yes, if you check previous posts I said his request to evict was by email, but it turns out DH had received a letter - and can you believe - forgotten!) I don't understand this. But if it means you get to stay an extra 12 months, it's all to the good for you. If the LL declines to give a reason for the next 12 months, do you get to stay another 12 months again, then? Or do you now have a new LL who is having to give you 12 months' notice? No, no new landlord. Our landlord gave us notice, but refused to disclose the reason. The law states he has a number of reasons to make us vacate, and if he cannot give one of those reasons tough luck, he can't evict us.The law is there to stop LLs just booting out for more money.

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IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 30 September 2013 - 11:28

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FairyDust

2264

Posts

EW EXPERT

Latest post on 30 September 2013 - 11:27

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simpleasabc

5400

Posts

EW MASTER

Latest post on 30 September 2013 - 11:23

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FairyDust

2264

Posts

EW EXPERT

Latest post on 30 September 2013 - 11:17

I think people have to be reasonable and fair on both sides. Whilst obviously tenants have rights, they must remember that they are living in a property owned by someone else! So if, the proper 12 months notice was given and the property sold, I would assume the new owner would want to live in it themselves, if they don't want a tenant - how on earth is that fair to the new owner? It's swings and roundabouts - sadly we live in a place where the majority of people rent, it's the nature of the thing.

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EmmaRitz83564

326

Posts

EW EXPLORER

Latest post on 30 September 2013 - 11:07

Makes me think of squatters rights.

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simpleasabc

5400

Posts

EW MASTER

Latest post on 30 September 2013 - 10:53

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MrsMopp39686

594

Posts

EW GURU

Latest post on 30 September 2013 - 10:34

We printed the documents out and went and they confirmed it had to be notarised... Difficult to argue the law when its printed and put in front of you. Except that it NOT what the law says. This is what the law actually states: [i'>And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public [u'>[b'>or[/b'>[/u'> by registered mail.[/i'> So registered mail is sufficient. So long as it states the correct information. But people who are being told that an email advising them of 12 months notice is not valid. Our LL was told in order for there to be no doubt that he should apply for the eviction notice and have it notarised and delivered by a signed for method. Which is what he did. There is no grey area, all aspects of the law have been covered. We have put our paperwork in front of the rent committee and they said absolutely that since the LL did NOT give a reason and is refusing to give a reason the 12 months notice we were given is invalid even though he did it by registered post. Looks like we are staying another year. (yes, if you check previous posts I said his request to evict was by email, but it turns out DH had received a letter - and can you believe - forgotten!)

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emlsnre

1692

Posts

EW EXPERT

Latest post on 30 September 2013 - 08:16

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IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 30 September 2013 - 07:23

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emlsnre

1692

Posts

EW EXPERT

Latest post on 30 September 2013 - 07:12

We printed the documents out and went and they confirmed it had to be notarised... Difficult to argue the law when its printed and put in front of you.

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starsouthern

1618

Posts

EW EXPERT

Latest post on 30 September 2013 - 06:12

I think a lot of things are changing and now it really is a case by case senario despite what the news papers write Actually the RC is very consistent, and nothing is really changing - to suggest otherwise is to scaremonger unnecessarily. There is a lot of precedent for the RC upholding 90 days' notice of eviction IF the new owner of the property can prove that s/he plans to live in it her/himself and doesn't own any alternative properties. The advice my friend was given was very different to what I was given in April this year. So yes I do think things are changing. I'm not trying to scaremonger I am saying that everything is on a case by case basis. So taking what we read in the news paper and here isn't necessarily what happens. The OP said that if her notice wasn't notorised then it has to be re given to her by the new owner. RERA told my friend that this isn't the case and an email will suffice.

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Madge_Gustard59558

841

Posts

EW GURU

Latest post on 30 September 2013 - 00:41

Failing that the contract roles over again for 12 months ( providing you aren't on a non renewable, which you will see written on the contract) Non-renewable contracts have no force in law here, despite what LLs think. The Rent Committee does not recognise them. This has been confirmed by several people we know who have had dealings with the RC recently. LLs cannot use non-renewable contracts as a backdoor means of bringing in new tenants at a higher rent. I think a lot of things are changing and now it really is a case by case senario despite what the news papers write Actually the RC is very consistent, and nothing is really changing - to suggest otherwise is to scaremonger unnecessarily. There is a lot of precedent for the RC upholding 90 days' notice of eviction IF the new owner of the property can prove that s/he plans to live in it her/himself and doesn't own any alternative properties.

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samram

189

Posts

EW NEWBIE

Latest post on 29 September 2013 - 21:03

I spoke to RERA today, it turns out the new owner doesn't have to give me another 12 months notice..if the notice however is not notarized then it is not legally binding, therefore the new owner has to give 12 months notice. When you say you " spoke to them" - was this on the phone? If so could you share the number.. I went down there but just got a generalised answer from the girl on reception there :-( I spoke to someone over the phone 04-203-0555 the person was very friendly and took time to answer all my questions!

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QueenL83341

434

Posts

EW EXPLORER

Latest post on 29 September 2013 - 20:06

I spoke to RERA today, it turns out the new owner doesn't have to give me another 12 months notice..if the notice however is not notarized then it is not legally binding, therefore the new owner has to give 12 months notice. My friend went into the Rent Committee today and she was told to go to RERA for advice the committee is now only for filing cases. At RERA she was told that an email or letter delivered by Aramex is enough notice, they said that if you acknowledge the notice in that form then it was binding. They also said that the notice can be given at any time. So my friend's contract ends in October 2013 but she was given notice in March 2012, RERA told her she has to move in March 2014. Another friend bought an apartment for his own use, the tenants opened a case when he gave them notice to vacate. The rent committee ruled in his favour and said that as he can prove that the apartment is for his own use then he only needs to give the tenants 90 days notice. I think a lot of things are changing and now it really is a case by case senario despite what the news papers write. Yes they don't seem very interested - maybe they are just waiting to pass all on to the new section?

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QueenL83341

434

Posts

EW EXPLORER

Latest post on 29 September 2013 - 20:04

I spoke to RERA today, it turns out the new owner doesn't have to give me another 12 months notice..if the notice however is not notarized then it is not legally binding, therefore the new owner has to give 12 months notice. My friend went into the Rent Committee today and she was told to go to RERA for advice the committee is now only for filing cases. At RERA she was told that an email or letter delivered by Aramex is enough notice, they said that if you acknowledge the notice in that form then it was binding. They also said that the notice can be given at any time. So my friend's contract ends in October 2013 but she was given notice in March 2012, RERA told her she has to move in March 2014. Another friend bought an apartment for his own use, the tenants opened a case when he gave them notice to vacate. The rent committee ruled in his favour and said that as he can prove that the apartment is for his own use then he only needs to give the tenants 90 days notice. I think a lot of things are changing and now it really is a case by case senario despite what the news papers write. Oh no :-(

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QueenL83341

434

Posts

EW EXPLORER

Latest post on 29 September 2013 - 20:03

I spoke to RERA today, it turns out the new owner doesn't have to give me another 12 months notice..if the notice however is not notarized then it is not legally binding, therefore the new owner has to give 12 months notice. When you say you " spoke to them" - was this on the phone? If so could you share the number.. I went down there but just got a generalised answer from the girl on reception there :-(

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starsouthern

1618

Posts

EW EXPERT

Latest post on 29 September 2013 - 20:02

I spoke to RERA today, it turns out the new owner doesn't have to give me another 12 months notice..if the notice however is not notarized then it is not legally binding, therefore the new owner has to give 12 months notice. My friend went into the Rent Committee today and she was told to go to RERA for advice the committee is now only for filing cases. At RERA she was told that an email or letter delivered by Aramex is enough notice, they said that if you acknowledge the notice in that form then it was binding. They also said that the notice can be given at any time. So my friend's contract ends in October 2013 but she was given notice in March 2012, RERA told her she has to move in March 2014. Another friend bought an apartment for his own use, the tenants opened a case when he gave them notice to vacate. The rent committee ruled in his favour and said that as he can prove that the apartment is for his own use then he only needs to give the tenants 90 days notice. I think a lot of things are changing and now it really is a case by case senario despite what the news papers write.

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