Questions & Answers
Privity of contract in renting through brokerage agencies
I have rented a hotel apartment from an agency who has a contract with a hotel apartment in the UAE. I hold an annual contract with the agency and I have paid the annual rent in advance.
The hotel apartment has issued a check-in form by confirming my stay with this particular hotel apartment for 1 year. The hotel apartment also gave me a letter (family visa purpose) stating that I am one of their guests who is going to stay for 1 year.
Now, there is some dispute with the agency and the hotel apartment and the agency are not reachable at all, and the hotel apartment tries to evacuate me.
1) Will the hotel apartment be able to evacuate me by law?
2) The agency still holds one cheque from me, can I stop it?

Dear Sir/Madam
We need to ascertain if the agency had the license to carry out real estate activity or that of brokerage and if it is established that the hotel agency's consent letter is provided and just not a check-in form (check-in form is mandatory by the law) and whether the Agency obtained the permit from the authorities.
In my experience, the agency takes the sub-lessee and the hotel apartment for a ride. They sign an agreement with the hotel apartment and also sign an agreement with you. They do not provide your agreement to the hotel apartment management.
You have to understand that in all likelihood, all these agencies tell the hotel apartment that the apartments are for their employees, therefore, the hotel apartment assist the sub-lessee and it cannot be deemed as consent.
The Agency takes full payment in advance from you but does not pay the hotel apartment. Thus the hotel apartment is stuck with a non-paying tenant whom they let in in good faith. And the tenant paid rent to the third party/Agency in good faith. That is why both parties must beware.
PAY RENT ONLY TO THE OWNER OF THE PROPERTY. The agency is only entitled to a commission. They cannot collect rent.
Sub-lease or any tenant must be cautious especially when you pay one cheque or you are not dealing directly with the landlord/hotel apartment.
Your relation is with the agency and not with the hotel apartment and similarly, the hotel apartment has a direct dispute with the agency for the terms and conditions of the agreement and payment (Privity of contract).
If the hotel apartment does not receive funds then they have the right to have the premises vacated immediately and sue the agency for payment and similarly, you have to vacate the premises and sue the Agency.