Settling a housing dispute in the UAE is easier than many residents expect



ABU DHABI // Residents should not be put off making housing complaints through official channels, lawyers said.

While many may feel intimidated by the prospect of dealing with the courts and choose alternative methods of seeking help, there are legal options open to them.

Cases in Dubai are handled by the Rent Dispute Settlement Centre (RDSC).

Lawyer Ludmila Yamalova, managing partner at HPL Yamalova & Plewka, says the process has become easier to access.

The RDSC promises “simplified procedures with most rental disputes judged within 75 days”.

Initially, an arbitration department will try to settle disputes within 15 days. If unsuccessful, a legal case must be lodged with the Department of First Instance, which aims to sort out cases within 30 days.

Rulings are final unless appealed, and only claims worth more than Dh100,000 are heard at this level.

Ms Yamalova says proceedings are conducted in Arabic but translators can be provided.

“It’s a lot easier for people to file court cases these days,” she said.

After the case has been decided, the loser pays the winner’s filing fee plus court expenses, such as notary fees, excluding translation, she says.

Most cases are related to disputed maintenance payments, illegal sublets, evictions and rent increases by landlords, of whom she said, “[they] used to be a lot more bullish”.

In a recent wave of cases, she said, landlords attempted to evict tenants under a pretence that the properties would be put up for sale, only to be rented out again at higher rates.

Tenants occupying properties in free zones must lodge their cases in the courts of the Dubai International Finance Centre, which is based on English common law. Court proceedings in the DIFC are conducted in English.

While Ms Yamalova applauds the ability of the court to resolve disputes, the lawyer says she often hears negative sentiments from the public, some of whom show little faith in the courts.

“It’s actually quite efficient and effective,” she says. “Processes are always changing, so it’s a bit of a moving target.”

The RDSC is located on Baniyas Road in Deira, Dubai, and is open from 7.30am to 2.30pm on weekdays.

Once cases are registered, plaintiffs can opt for an evening session from 4.30pm onwards. For more information, call 800 4488.

Residents in Abu Dhabi will find that the capital does not have a dedicated department dealing with real estate. Instead, complaints are handled by the Rent Dispute Settlement Committee.

When it comes to renting in the capital, Ben Crompton – a former lawyer and an estate agent and managing director of Crompton Partners – says tenants must be aware of their legal rights, as outlined in 2006’s tenancy laws.

According to the capital’s eGovernment portal, anyone wishing to have a case heard can submit an application along with required documents, which include a completed application, three copies of the complaint form, a copy of the rent contract and a passport copy.

Filing a case in the Abu Dhabi dispute settlement system will require the complainant to pay 4 per cent of the rent contract value or the demanded value, up to a maximum of Dh20,000 for the first instance and Dh10,000 for an appeal.

Following any formal appeal, a final level of appeal called cassation is available for a fee of Dh2,000.

Mr Crompton says a lawyer is not required and all proceedings are in Arabic.

“It’s a complicated process, particularly for a non-Arabic speaker,” he says.

The most common disputes he has seen are landlords trying to raise rents and people being evicted from illegally divided villas.

“Always read your lease,” he advises. “Leases are generally non-negotiable, but they are fair.”

For further information, the Abu Dhabi Rent Dispute Settlement Committee is located on Defence Street, opposite the Algfah Hotel, or call 800 2353.

esamoglou@thenational.ae

How to launch a case ...

In Dubai

1. Gather all supporting documents, including emails between you and your landlord. Take copies of your passport, Emirates ID, Ejari (registration) certificate, original blue tenancy contract, copy of landlord’s passport, Dewa bill, title deeds and copies of cheques that have been issued.

2. Get the Rent Disputes Settlement Centre form typed and ensure that your non-Arabic documents are legally translated into Arabic.

3. Go to RDSC on Baniyas Street, Deira, and file a case.

4. Pay the fee, which is 3.5 per cent of your annual rent (minimum Dh350 and maximum Dh20,000).

In Abu Dhabi

1. Submit the application, along with the required documents, at the customer service desk at the Rent Dispute Settlement Committee, which is on Defence Street.

2. Fill in the complaint form at the customer service desk.

3. Pay the fees at the finance counter and receive a receipt.

4. Receive a date for the first case session.

What is Bitcoin?

Bitcoin is the most popular virtual currency in the world. It was created in 2009 as a new way of paying for things that would not be subject to central banks that are capable of devaluing currency. A Bitcoin itself is essentially a line of computer code. It's signed digitally when it goes from one owner to another. There are sustainability concerns around the cryptocurrency, which stem from the process of "mining" that is central to its existence.

The "miners" use computers to make complex calculations that verify transactions in Bitcoin. This uses a tremendous amount of energy via computers and server farms all over the world, which has given rise to concerns about the amount of fossil fuel-dependent electricity used to power the computers. 

COMPANY PROFILE
Name: Kumulus Water
 
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Founders: Iheb Triki and Mohamed Ali Abid
 
Based: Tunisia 
 
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Number of staff: 22 
 
Investment raised: $4 million 
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Team Abu Dhabi 114-3

L Wright 40*, L Malinga 0-13, M McClenaghan 1-17

Maratha Arabians won by 24 runs

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Sholay: a 1975 Indian action-adventure film. It follows the adventures of two criminals hired by police to catch a vagabond. The film was panned on release but is now considered a classic.

Lucifer: is a 2019 Malayalam-language action film. It dives into the gritty world of Kerala’s politics and has become one of the highest-grossing Malayalam films of all time.

Election pledges on migration

CDU: "Now is the time to control the German borders and enforce strict border rejections" 

SPD: "Border closures and blanket rejections at internal borders contradict the spirit of a common area of freedom" 

At a glance

Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.

 

Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year

 

Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month

 

Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30 

 

Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse

 

Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth

 

Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances

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Fines for littering

In Dubai:

Dh200 for littering or spitting in the Dubai Metro

Dh500 for throwing cigarette butts or chewing gum on the floor, or littering from a vehicle. 
Dh1,000 for littering on a beach, spitting in public places, throwing a cigarette butt from a vehicle

In Sharjah and other emirates
Dh500 for littering - including cigarette butts and chewing gum - in public places and beaches in Sharjah
Dh2,000 for littering in Sharjah deserts
Dh500 for littering from a vehicle in Ras Al Khaimah
Dh1,000 for littering from a car in Abu Dhabi
Dh1,000 to Dh100,000 for dumping waste in residential or public areas in Al Ain
Dh10,000 for littering at Ajman's beaches 

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Retirement funds heavily invested in equities at a risky time

Pension funds in growing economies in Asia, Latin America and the Middle East have a sharply higher percentage of assets parked in stocks, just at a time when trade tensions threaten to derail markets.

Retirement money managers in 14 geographies now allocate 40 per cent of their assets to equities, an 8 percentage-point climb over the past five years, according to a Mercer survey released last week that canvassed government, corporate and mandatory pension funds with almost $5 trillion in assets under management. That compares with about 25 per cent for pension funds in Europe.

The escalating trade spat between the US and China has heightened fears that stocks are ripe for a downturn. With tensions mounting and outcomes driven more by politics than economics, the S&P 500 Index will be on course for a “full-scale bear market” without Federal Reserve interest-rate cuts, Citigroup’s global macro strategy team said earlier this week.

The increased allocation to equities by growth-market pension funds has come at the expense of fixed-income investments, which declined 11 percentage points over the five years, according to the survey.

Hong Kong funds have the highest exposure to equities at 66 per cent, although that’s been relatively stable over the period. Japan’s equity allocation jumped 13 percentage points while South Korea’s increased 8 percentage points.

The money managers are also directing a higher portion of their funds to assets outside of their home countries. On average, foreign stocks now account for 49 per cent of respondents’ equity investments, 4 percentage points higher than five years ago, while foreign fixed-income exposure climbed 7 percentage points to 23 per cent. Funds in Japan, South Korea, Malaysia and Taiwan are among those seeking greater diversification in stocks and fixed income.

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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The specs
Engine: 2.0-litre turbo 4-cyl

Transmission: eight-speed auto

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Price: Dh169,900

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Our legal consultants

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

The specs

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Washmen Profile

Date Started: May 2015

Founders: Rami Shaar and Jad Halaoui

Based: Dubai, UAE

Sector: Laundry

Employees: 170

Funding: about $8m

Funders: Addventure, B&Y Partners, Clara Ventures, Cedar Mundi Partners, Henkel Ventures

Going grey? A stylist's advice

If you’re going to go grey, a great style, well-cared for hair (in a sleek, classy style, like a bob), and a young spirit and attitude go a long way, says Maria Dowling, founder of the Maria Dowling Salon in Dubai.
It’s easier to go grey from a lighter colour, so you may want to do that first. And this is the time to try a shorter style, she advises. Then a stylist can introduce highlights, start lightening up the roots, and let it fade out. Once it’s entirely grey, a purple shampoo will prevent yellowing.
“Get professional help – there’s no other way to go around it,” she says. “And don’t just let it grow out because that looks really bad. Put effort into it: properly condition, straighten, get regular trims, make sure it’s glossy.”

The specs: 2018 Honda City

Price, base: From Dh57,000
Engine: 1.5L, in-line four-cylinder
Transmission: Continuously variable transmission
Power: 118hp @ 6,600rpm
Torque: 146Nm @ 4,600rpm
Fuel economy, combined: 5.8L / 100km