[pleb2013]

Offered my tenant 30k (1/3 of annual rent for 1 bed apartment) to vacate my apartment at end of current tenancy in almost 6 months time. Tenant refuses to even communicate or allow access. Initially allowed access on two occasions although intimidated the viewers a little.

Tenant has now told agent can't do viewings for 4 weeks due to work abroad and yet at same time answered phone at Dubai workplace today..

My questions are:
1. why would anyone turn down that offer of compensation when so much notice is still being given - when the other option is zero compensation in a years time when rents can be expected to be even higher
2. how do i get access to the apartment legitimately for viewings, i have a clause in tenancy stating i can inspect the apartment even in tenants absence ( however i believe tenant has changed locks on door)
3. am i doing something morally or legally incorrect ?

This must be a very common scenario and any advice or opinion would be much appreciated.
I really feel like I'm missing something here, even agent doesn't understand. Tenant been very reasonable up to now but today threatened to get lawyer involved if agent even called again !?

 

[Chocoholic]

Sadly, yes you aren't playing by the rules. You cannot ask a tenant to vacate - you must give 12 months notice IN WRITING, sent via notary and then you can only ask them to vacate IF you intend to move in yourself or a family member. And if this doesn't happen and you've merely turfed the tenant out so you can increase the rent, they can file a case against you - which they would win, because you're being unethical and the Rent Committee would force you to pay that tenant a years rent in compensation and block you from renting the apartment for 2 years.

The chances of you getting a 30k increase in your rent next year is ZERO!

Rent increases must go by the RERA rent calculator and can only be increased if the current rental amount is outside the market rate by 25% and then you can only increase by 5%.

Your tenant could actually haul you up to the rent committee for what you're trying to do.

Clearly your tenant does not want to leave the apartment and basically you can't force them to.

And your agent should know better! Clearly they are aware they also are breaking the rules.

There's a lot of this going on at the moment and the rent committee are pretty much always coming down in favour of the tenant, because of these practices.

Clearly as a landlord you have not familiarised yourself with the local laws - I suggest you do so.

Plus all the increases in the market are driven by speculation and agents talking it up, it's not representative of what's actually happening. Supply still far outstrips demand.

Here's a really good article, which also states the circumstances in which you can ask a tenant to vacate, sadly your reason is not one of them and you're breaking the law.

http://www.emirates247.com/news/emi...-tenancy-contract-expires-2012-12-23-1.488271

 

[Tropicana]

2. how do i get access to the apartment legitimately for viewings, i have a clause in tenancy stating i can inspect the apartment even in tenants absence ( however i believe tenant has changed locks on door)
3. am i doing something morally or legally incorrect ?

The only thing that I found strange was for viewings to take place 6 months before the contract is ending.
The tenant does sound difficult, but viewings can be quite a pain, and that too so long before the contract is ending.

 

[Tropicana]

when rents can be expected to be even higher

That is not a given and is a part of the drumbeat prediction by a section of media/real estate.
The more likely scenario is that rents will increase at a much slower rate over the next year than it has over the last 12 months (~ 25-40%)

 

[Chocoholic]

The only thing that I found strange was for viewings to take place 6 months before the contract is ending.
The tenant does sound difficult, but viewings can be quite a pain, and that too so long before the contract is ending.

The tenant isn't being difficult. There's no reason for the tenant to be asked to leave, other than to hike up the rent - that's the way it comes across anyway. The tenant has every right to be difficult because rules are being broken here.

If the tenant has always been good, has never given any problems, why would you kick them out?

I'd be difficult as well if my LL was doing this to me. Actually, I'd just turn around and point my LL in the direction of RERA and the rent committee and let them put him/her straight.

If the viewings are to sell the property, the LL is STILL required to give 12 months notice and any potential buyer has to be made aware that the apartment has a sitting tenant and they have to honour the current rental agreement.

The agent clearly isn't aware of the laws or is making it seem like they are unaware and playing ignorant! I'd also be reporting the agent and having them blacklisted.

 

[dizzyizzy]

My landlord has asked me to vacate my flat because his sister just moved to Dubai and he wants her to move in. He told me this one month before the expiry of the contract, asked me nicely if I would agree to move out sooner, to which I said no, so he had no option but to sign a new contract for another year, and I have no option but to move out when this contract expires, in November 2014. This is playing by the rules.

 

[Chocoholic]

My landlord has asked me to vacate my flat because his sister just moved to Dubai and he wants her to move in. He told me this one month before the expiry of the contract, asked me nicely if I would agree to move out sooner, to which I said no, so he had no option but to sign a new contract for another year, and I have no option but to move out when this contract expires, in November 2014. This is playing by the rules.

Make sure your LL gives you the 12 months written notification as well dizzy. Unless they did that they still can't ask you to leave at the end of your new contract.

 

[imac]

...Tenant been very reasonable up to now but today threatened to get lawyer involved if agent even called again !?

you should check the rest of the forum... your tenant might actually be on here posting on a thread asking for advice on his landlord's not playing by the tenancy laws and how he is being harassed by his landlord's agent...

 

[dizzyizzy]

Make sure your LL gives you the 12 months written notification as well dizzy. Unless they did that they still can't ask you to leave at the end of your new contract.

Yeah, that's done and we already signed the new contract. He even asked me that in case his sister ends up being sent to another country by her employer (which is a possibility), if I would be 'willing' to consider renewing the contract again, despite the eviction notice? lol. Because he's nice like that

 

[Chocoholic]

Sounds like you got a good one!

 

[dizzyizzy]

I do, I know I am pretty lucky and I am already dreading having to deal with horrible agents and landlords next year

 

[TallyHo]

Me too.

Oh well. Liked my apartment. If the market doesn't calm down by this time next year I might as use it as an excuse to pack up and leave.

I do, I know I am pretty lucky and I am already dreading having to deal with horrible agents and landlords next year

 

[Chocoholic]

It's all going nuts on the assumption that Dubai will win the Expo 2020 bid - will die laughing if it doesn't.

 

[Desertrose70]

I got my tenancy contract renewed at beginning of 2013 and I am now in my second year.
Renewal was already difficult as the landlord (LL) wanted me out to hike up the rent. The agent was just doing what the LL asked them to do (breaking the rules) until I treatened to report to RERA.

From start the LL is not doing any maintenance and the apartment is having serious maintenance issues. The LL is doing this on purpose to get me out.
Any idea how to get the LL to perform maintenance?

 

[BedouGirl]

I called my landlord's office today - my lease expires at the end of February and I wanted to know what's happening with the rents on his villas, I am waiting for a firm answer but, hopefully, it's going to be okay. The rent is definitely going to go up - my landlord is quite pragmatic about these things. He put it down hugely when the bubble burst and he hasn't increased since then, but it looks as though the increase will be less than the expenses and hassle of moving,

On another note. The one thing that occurs to me in all these posts about relationships with landlords is when one does go to RERA, how does it affect them? I don't think I would want to live in a place where the landlord becomes difficult because I didn't do what they wanted. I understand the law and would obviously abide by it, but do they then delay on maintenance issues, etc? Thankfully, my landlord has his own in-house team and they react In a timely and reasonably efficient manner. He and I have some quite interesting conversations about the way they work, but they're good blokes who earn a pittance but a smile and thank you and a cup of tea and a biscuit work wonders.

 

[pleb2013]

Coming back to my original post to clarify things.

And to first address some of the comments made:

I have no interest in raising the rent on the apartment.
I want to sell the apartment but sooner rather than later - IF POSSIBLE.
I, together with a potential buyer am offering the tenant an incentive to vacate early.
The viewings are for any buyers who are willing to take the apartment with sitting tenant i.e. investors - so why are such viewings 6 months before contract renewal confusing to some posters ?

I actually have a clause in the tenancy that states i can inspect the apartment, even in the absence of the tenant - i have not attempted to make use of that and don't intend to.

The reason i was confused is, in the tenants position, given 6 months notice i would either accept the 30k AED or maybe even try to negotiate for more. Otherwise I would feel quite foolish when i do eventually leave a few months later. At my own expense in to an even more expensive place (rents in 12m > rent now) with no compensation to assist me.
Where is the controversy in that rhetorical question ?

I am just asking people on here why that might be, as i feel like i am missing something obvious as to why they want to avoid communicating on the subject even.
Tenant is paying about market rent, its not low, so not going to be that difficult to find an alternative.

When my agent and i discussed it the only thing we could think of is that there is some form of sub-letting going on that i can't know about as otherwise an immediate eviction would be on the cards. But like i said the tenant has never been a problem before, always pays on time and been forthcoming in past dealings.

Please note, I am not trying to evict the tenant, i know i need to give 12months notice for that and finally, I have been a tenant myself. I only stopped renting when a neighbour threatened my partner because of the noise our child (3yr old) was making when walking across our lounge, i used my 1 month notice period to terminate my lease at that point (after reporting him to the police). I could do that and noone complained, funny that, but also very handy.

 

[pleb2013]

Sadly, yes you aren't playing by the rules. You cannot ask a tenant to vacate - you must give 12 months notice IN WRITING, sent via notary and then you can only ask them to vacate IF you intend to move in yourself or a family member. And if this doesn't happen and you've merely turfed the tenant out so you can increase the rent, they can file a case against you - which they would win, because you're being unethical and the Rent Committee would force you to pay that tenant a years rent in compensation and block you from renting the apartment for 2 years.

The chances of you getting a 30k increase in your rent next year is ZERO!

Rent increases must go by the RERA rent calculator and can only be increased if the current rental amount is outside the market rate by 25% and then you can only increase by 5%.

Your tenant could actually haul you up to the rent committee for what you're trying to do.

Clearly your tenant does not want to leave the apartment and basically you can't force them to.

And your agent should know better! Clearly they are aware they also are breaking the rules.

There's a lot of this going on at the moment and the rent committee are pretty much always coming down in favour of the tenant, because of these practices.

Clearly as a landlord you have not familiarised yourself with the local laws - I suggest you do so.

Plus all the increases in the market are driven by speculation and agents talking it up, it's not representative of what's actually happening. Supply still far outstrips demand.

Here's a really good article, which also states the circumstances in which you can ask a tenant to vacate, sadly your reason is not one of them and you're breaking the law.


I think you've overdosed on your hot chocolate.

1. I never said i told tenant to vacate - i ASKED if tenant would accept compensation INSTEAD of 12 months eviction notice in the case i end up having to sell to someone who wants to move in.
2. Did anyone mention rent and increase ?
3. I know the rules and regulations, my partner is a lawyer.

landlord-hate seem to be an accepted vice on here

 

[pleb2013]

The only thing that I found strange was for viewings to take place 6 months before the contract is ending.
The tenant does sound difficult, but viewings can be quite a pain, and that too so long before the contract is ending.

SO, you would buy an apartment with a sitting tenant in it WITHOUT EVEN VIEWING IT ?

If i find such a buyer the tenant can remain where they are.
No ?

 

[pleb2013]

That is not a given and is a part of the drumbeat prediction by a section of media/real estate.
The more likely scenario is that rents will increase at a much slower rate over the next year than it has over the last 12 months (~ 25-40%)

Here is my 2 cents worth having been a Dubai regular since 2000 and investor since 2006.
Cost won't really be a factor for working people in 12 months time.

There won't be any quality property left to rent.

Dealing with many agents and buyers in the past few weeks, you have to be a plain idiot to get involved in letting in desirable locations of Dubai now which is why i have lines and lines of people waiting to view my Apartment TO LIVE IN PERSONALLY.

Note i'm talking about QUALITY only.

Who is going to gentrify International City here, this isn't London or New York with hidden caches of quality housing in dingy locales.

 

[pleb2013]

My landlord has asked me to vacate my flat because his sister just moved to Dubai and he wants her to move in. He told me this one month before the expiry of the contract, asked me nicely if I would agree to move out sooner, to which I said no, so he had no option but to sign a new contract for another year, and I have no option but to move out when this contract expires, in November 2014. This is playing by the rules.

Hi,

Good comparison to my situation.

I don't know how much you pay, but if he had offered you more than a third of your current annual rent to leave in 6 months instead of 12, would you have considered it ?