Encashing the cheque

Contract can be cancelled if landlord does not deliver flat

  • Published: 23:59 April 24, 2010

SUBJECT
Housing and rent

  • Image Credit: Jupiter Images

A reader in Dubai asks: I rented a flat for family use for one year. I paid the entire rent through cheques in instalments. The real estate office has already cashed the first cheque but they have not yet given me possession of the flat under pretext that the property is under maintenance for nearly a month. I asked the real estate office to cancel my contract as I could not wait for so long and needed the accommodation now. I also asked them not to encash the cheque which is dated after a month. They, however, refused and told me that I have to wait for the said flat and they cannot stop the cheque from being deposited and cancel my contract. My question is — is the real estate office entitled to encash the cheque? Can I ask the Public Prosecution or the court to stop the cheque being encashed until the matter with the company is settled and the tenancy contract cancelled? Please guide and advise me.

The reader can immediately file a rental case with the Rental Judicial Committee of Dubai Municipality and request them to consider the case and ask them to cancel the contract and return all the cheques on the basis that the landlord is not committed to the tenancy contract and has to deliver the flat from the beginning of the contract. Therefore, such case is under the jurisdiction of the Rent Committee and the questioner may not be able to stop the cheque through the court or the Public Prosecution.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.