Tenant gives notice but landlord wants to cash postdated cheque from closed account

Mario Volpi advises a tenant who is struggling to break his Abu Dhabi tenancy contract after moving to Oman.

Mario Volpi helps tenants in Dubai and Abu Dhabi with their latest property issues. Pawan Singh / The National

I'm on a one-year contract paid by four postdated cheques in Abu Dhabi, expiring October 31. However I've left the country to take up new employment in Oman. I've given more than four months notice of my intention to leave the property on June 30, for which postdated cheque number three has been paid. The landlord says he will only release me from the contract if another tenant is found to take over from July 1, if not they will attempt to cash the cheque, which of course will be from a closed bank account as Central Bank regulations stipulate I can't keep it (which the landlord knows). Thus I run the risk of a bounced cheque/bad debt when I want to travel back to the UAE from Oman. I am trying to work with them to organise a clean handover but if they fail to find a tenant (this company is not proactive and have to be chased on everything) do I have any rights here having given so much notice? The contract is a pretty standard one saying it can be broken but only with landlord's consent. SA, Oman

You clearly have done all you can to facilitate the breaking of the contract especially giving the amount of notice that you have. You do however have to abide by the contract and unfortunately it states that the landlord has to give his consent. The key to this would appear to be reletting the property and if the present agent is less than efficient in this department, it might be worth the landlord using another agent.

I would suggest you continue to negotiate with the landlord to attempt to get him to see reason. On the face of it, the situation seems unfair that the landlord is not prepared to release you from the contract but it is also not his concern that you have changed jobs, yet alone country of residence. Do not panic though, a tenant will be found, as long as the landlord is not asking an unrealistic rent.

I have been in the same apartment for two years and my landlord has informed me he wants to sell. He has been very open about his need to give 12 months' notice (which he has not done). He has only received firm offers from parties wishing to buy and move in themselves. He has asked if I am willing to move out at the end of the tenancy contract in July. It is my intention to ask for financial compensation if I am to indeed move out at the end of the contract, but am concerned about the legality of doing so. Would it be possible to formalise the agreement for financial compensation in lieu of 12 months' notice in the eyes of the law? And if so, what would the procedure be? As I have not received any notification, I understand the law is on my side if I wish to stay in the property. However, if an agreeable level of compensation was offered, I would accept – but only if to do so was not in breach of the law. MW, Dubai

The law is clear about what the landlord has to do to request your departure from the property you are currently living in and you have understood this, too, by pointing out that he actually has not served you the proper 12 months’ notice yet.

If however you are considering leaving at the end of your agreement, and therefore vacating before any 12 months’ notice period, this is perfectly legal if you and your landlord come to a mutual agreement with financial compensation for you. Formulating a written agreement, signed by both parties is all that is required, that and the financial compensation of course.

I signed a tenancy agreement in January and the landlord is already planning to give me 12-months notice. Is that legal? Is there any rule when a landlord can send the notice? Or can he give the notice only when the contract is expiring or on the signing of the contract? MM, Dubai

A landlord can give you 12 months’ notice to vacate at any time. The reason for eviction is limited to certain situations only. The main reasons a landlord would require your eviction is if he wishes to sell the property or move into it himself or his immediate next of kin. The notification has to be sent in one of two ways only: via notary public or via registered mail. Do not forget that the notification has to state the reason for eviction.

Your tenancy expires in January but you will have to organise a pro rata extension to take into consideration the months from January to the anniversary date of your 12-month notification.

Mario Volpi is the managing director of Prestige Real Estate in Dubai (prestigedubai.com). He has 30 years of property industry experience in the emirate and London. Send any questions to [e-mail]

Follow us on Twitter @Ind_Insights