rent rises - non ejari registered contract.....

rent rises - non ejari registered contract.....

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shirt

Original Poster:

22,580 posts

201 months

Monday 16th September 2013
quotequote all
righto,

last year we rented a 2 bed in JBR, nice pad and great view over the palm for 100k all in. didn't use an agent [my mate was moving out and so did the deal direct with the landlord] and wrote the contract myself on one of the blue forms. as it looked like effort, i didn't register with ejari.

just looked at the ejari rental increase calculator and it says the average rent for jbr is 130k for a 2 bed with a max. permissable increase of 5k. if i can get a renewal for 105k i would be laughing, but can't see the landlord being ok with that.

anyways, he just rang me to sound out if we're staying. bad line so i said i'd email him.

just wondered how i should approach this. do i go in with the ejari figure or wait for him to propose a price? do i have a leg to stand on given i haven't registered the contract??


Chilli

17,318 posts

236 months

Monday 16th September 2013
quotequote all
I thought it was the landlords responsibility to register? I haven't either and can't as the landlord was never issued with the title deeds!

Is your landlord a local?

shirt

Original Poster:

22,580 posts

201 months

Tuesday 17th September 2013
quotequote all
he's Pakistani. nice guy and easy to deal with.

anyone know who's responsibility it is and whether ejari would get involved if it hasn't been registered?


dxbtiger

4,390 posts

173 months

Tuesday 17th September 2013
quotequote all
Pretty sure it is our (the tenants) responsibility.

Don't know how it is viewed in a dispute if it isn't though.

Could always try the assumptive email, 'I assume you will be raising it by the maximum allowable amount, which we are happy to pay, who is collecting the cheque for 105k?'

K50 DEL

9,237 posts

228 months

Tuesday 17th September 2013
quotequote all
I've just been through the whole Ejari thing with our new place, so I can give you chapter and bloody verse on it.

When it was introduced, it was supposed to be the landlord's responsibility to register.
Landlords pretty soon realised that they weren't getting anything for their fee and in fact, if they had nefarious tendencies then an Ejari registration made life difficult for them.

The government, instead of forcing landlords to register, created a means by which "tenants can register their rental themselves should their landlord fail to do so"
What this means in practise is that no landlord ever registers the rental and the tenant is left to do it.

The sting in the tail is that you now need Ejari registration in order to take out a Du or OSN subscription and sponsor a child etc.... it is not the most difficult of processes to undertake but like everything here you needs reams of paperwork and it takes time.

K50 DEL

9,237 posts

228 months

Tuesday 17th September 2013
quotequote all
Oh, and as far as staying in the current place goes, don't mention any rent raise unless the landlord does, if he's contacted you to see if you're staying then say Yes, subject to the rent and all other terms of the rental staying the same... see what he says.

e21jason

717 posts

219 months

Tuesday 17th September 2013
quotequote all
Mine was non ejari, and after my LL bhed about estate agents ripping off LL & tennats by trying to get every body to move once a year we just agreed a nominal figure.

dxbtiger

4,390 posts

173 months

Tuesday 17th September 2013
quotequote all
I am moving end of October and I will try and get the Ejari template signed at the same time the lease is signed, looking at the template it needs the owner signature as well?

Will try and get the agent to do as much of the legwork as possible!

K50 DEL

9,237 posts

228 months

Tuesday 17th September 2013
quotequote all
dxbtiger said:
I am moving end of October and I will try and get the Ejari template signed at the same time the lease is signed, looking at the template it needs the owner signature as well?

Will try and get the agent to do as much of the legwork as possible!
Yep, getting the agent to do it is the best way forward.... mine wanted to charge 500aed (plus the 190 Ejari charge) to do it but since I'd just paid her 13,500 in commission I convinced her to do it for free!

dxbtiger

4,390 posts

173 months

Tuesday 17th September 2013
quotequote all
Also just seen that you can't get Ejari without a title deed, I'm due to look at some cheaper options in JVT/JVC, I'd bet money that a large percentage of people there haven't got them.

Asterix

24,438 posts

228 months

Tuesday 17th September 2013
quotequote all
Just to clarify - aren't rents fixed for two years from the first contract and then the 5% cap kicks in?

K50 DEL

9,237 posts

228 months

Tuesday 17th September 2013
quotequote all
Asterix said:
Just to clarify - aren't rents fixed for two years from the first contract and then the 5% cap kicks in?
Correct.
The rent is fixed at the contracted price for the first 2 years unless the landlord can prove that the rent being charged is more than a certain percentage (40% I think) below the market rate, then it can be raised.

After the end of year 2, the rent may be increased but again only by a percentage amount defined by the difference between the current rent and the market rate.

All that said, if you fight a landlord and win another year, you can expect to have no maintenance done, and no deposit returned when you do leave... I would always try and negotiate a figure that both parties are happy with.

Asterix

24,438 posts

228 months

Tuesday 17th September 2013
quotequote all
So - Shirt, simply say yes and ask when the contract can be dropped off and cheque/s collected.

If he doesn't bat an eyelid, then you're good to go, if not then you begin negotiations.

Chilli

17,318 posts

236 months

Tuesday 17th September 2013
quotequote all
What are the consequences of not being registered? My landlord doesn't have the title deeds and is still going through the legal process of getting them. I paid an extra 2 grand to register the boy for his visa, but what else am I going to have to pay bribes for?

6th Gear

3,563 posts

194 months

Tuesday 17th September 2013
quotequote all
Thieving bds.

We registered with Ejari at the landlord's request and guess what?

Our monthly DEWA bills have increased by AED 600 per month. Yep, we are now registered and paying the 5% housing fee!


Psychobert

6,316 posts

256 months

Tuesday 17th September 2013
quotequote all
Had no end of problems last Feb with a landlord who put the rent up 22% with 10 days notice. RERA calculator said no, but he simply refused any contact with me so I had no choice but to speak to the agent who then wanted another 5% agent fee..

Thieving bds the lot of them..

shirt

Original Poster:

22,580 posts

201 months

Tuesday 17th September 2013
quotequote all
we pay the housing fee with dewa anyway, its 2/3 of our monthly bills!

cheers for the advice, i'll email and see what he sets the renewal at.

i feel like i'm on shaky ground as we didn't use an agency, just bought the contract from a stationers and i wrote a page of t&c's. we're also paying 30k less than market rate.

will suck it and see. if i stayed i need to find a flatmate anyway.

Chilli

17,318 posts

236 months

Tuesday 17th September 2013
quotequote all
I understand that it is completely against the law to a) raise the rent by more than a token amount, say 5% and b) give less than 365 days notice if the landlord wants you out. I'd also bet money that it makes no difference if you are a local or not, RERA seems to really be on the side of the tenent.

IanUAE

2,930 posts

164 months

Tuesday 17th September 2013
quotequote all
My contract says either party has to give at least 3 months notice before the renewal date. Mine has given me 12 months notice that he won't renew (we signed a 2 year contract).

rabailey

312 posts

150 months

Monday 23rd September 2013
quotequote all
Off topic - Just done the EJARI registration for my landlord, surprisingly simple.

My Passport + Visa
His Passport + Visa
Rent contract
Property deed
current DEWA bill.

Then took it to a typing center, 200 AED later job done.
(But not all typing centers can do it.)