MFR Rent Committee Tennant Nightmare - Page 3

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MFR Rent Committee Tennant Nightmare - Page 3


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  #21 (permalink)  
Old 25th September 2012, 03:51 PM
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Thank you Rutherford for your help !!

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Originally Posted by rutherford View Post
OK fine. Well here is a reply to Mbesri in the meantime.

It is hard to get a definitive answer on whether contracts are still valid in situations like this when the agent has been subletting. There was an article in the National recently with some advice from an experienced lawyer on what happens in these situations. I'm no lawyer, but my instinct tells me that technically the contract is broken when the agent doesn't pass the money back to the landlord.

However, what happens in these situations in Dubai doesn't always proceed according to common sense! I think your landlord cannot make you leave. I have spoken with people in the 'eviction department' in Land Department and they told me it is a very long and difficult process to evict someone and it is not something he will do lightly.

As for the Rent Committee, their decisions are a little bit inconsistent. The committees are made up with businessmen who are obliged to do this in addition to their day job. If your LL insists and files a case, he will have to pay 3.5% of your annual rent upfront. This money is paid by you if he 'wins' and is lost if he 'loses'. However most cases are not 'won' or 'lost', in the end a settlement is found between the parties.

The process is very time consuming and if you want legal representation, as many do since it is difficult to navigate yourself, it is expensive (maybe 20k for preparation and several hearings). However even the RC do not have the power to enforce eviction. So it is not really in your LL's interests to proceed to the RC.

Since you have a long time remaining until your original contract ends, I would just try to wait it out. As you rightly say the RC is completely backed up with cases so it will take a long time to go before them.

Anyway, I'm happy to discuss it in person and hopefully I can save you some time and stress. Just make those 5 posts and message me!

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  #22 (permalink)  
Old 25th September 2012, 03:52 PM
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Yeah, let's make these 5 posts

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  #23 (permalink)  
Old 25th September 2012, 03:56 PM
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So ... Rutherford thanks again for your reply..

I spent hours on Internet reading forums, blogs, law, articles etc ... And it looks like (according to this expert interviewed by emirates247 or gulf news I don't remember) if the owner authorised MFR to sub lease the apartment then my contract is still valid ...

Btw I genuinely emailed this lawyer and he replied accepting to meet for an hour (free of charge) ... He is such a nice guy !!

What I'm thinking to do is to try to buy some time, hoping that any procedure through the rent committee will take time ... I called rera and they said that it is actually the owners problem, not mine and that my contract is valid ... But the RC could have a different opinion ...

Whatever ... Lets hope we can pm each other and discuss it on the phone !!! Would be very very interested to get you opinion!!

Thanks again for your time !

Cheers

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Old 20th October 2012, 02:58 PM
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Dear All,

Has anyone got any updated information regarding the tenants affected by the MFR scam?

@Rutherford - Can you please pm me and let me know what exactly you did/where to go etc etc

Im in a similar position, my contract with MFR exceeds the period of the Landlords contract with MFR and now LL wants me to pay or leave. I have another 4 months left on the contract and will not be re-newing. LL has already filed a case with RC I believe.

After looking at the posts on here I am concerned with one paragraph in the 24/7 article:
"
What are the options for the sub-tenant?
If a landlord does ask the sub-tenant to vacate the property, the sub-tenant should first establish whether the landlord approved the sub-lease. If such approval was granted, then pursuant to Article 30 of Dubai’s Law 26 of 2007, the sub-tenant should not be evicted.
If such approval was not granted the sub-tenant should still contact the landlord to request confirmation of the reasons why the landlord believes it is entitled to evict the sub-tenant. The sub-tenant’s arguments against eviction are strengthened if the sub-tenant can demonstrate that it is not in breach of the sub-lease and is not responsible for any breach of the head-lease.
It may be appropriate for the sub-tenant to issue a written notice to the landlord refuting the landlord’s right to terminate or to file a case at the Dubai Municipality Rent Committee seeking a declaration that it is entitled to remain in the property until the expiry of the sub-lease."

Has anyone issued this written notice to LL refuting the LL's right to terminate or file a case?

Any and all help/guidance/advice/direction welcomed.

Thanks in advance

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Old 20th October 2012, 04:13 PM
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Hi Sarah. Is it possible for you to just ignore the LL for 4 months. Maybe even change the locks. As it is only 4 mths he may not think it worth the battle. He cannot physically make you leave and it would take him longer to take it to court.
Or compromise with him that you do not pay him any money but move out in 2 mths so he can find a new tenant. Not ideal as you also lose out on 2 mths bit might be less stressful.

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Old 22nd October 2012, 08:09 PM
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Update on my case. Met the LL again and clearly stated my rights (I have an authority letter signed by him authorising MFR to rent, and collect the cheques) ... I could feel that he didn't want to go through the hassle of RC etc ... I preferred to find a fair mutual agreement which was to leave the apartment 2 months before the end of the lease agreement. This was the maximum loss I could psychologically bear and I bought my peace of mind. Took a reasonable hit and decided to move on.
dizzyizzy, rsinner and wandabug like this.

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