Questions & Answers - Legal Advice Middle East

I have purchased an off plan property in Dubai and handover is delayed

Q: I have purchased an off-plan property in Dubai. It should have been handed over in Sept 2019. There is no communication or updates other than in the developer`s online client portal where the date just keeps getting changed. I have paid all required payments, the balance payment is due on handover. Is there anything I can do at this point? In Sept. this year, it will be 3 years overdue.

التوقيع إلكترونيًا مكان ولي الأمر ورفض إعادة تسجيل طالب من ذوي الهمم

س: السلام عليكم ورحمة الله وبركاته، ابنتي تلميذة من ذوي الاحتياجات بالصف الأول في نفس المدرسة منذ 3 سنوات، ولكن تم تعيين مديرة جديدة للدمج خلفًا لمديرة الدمج السابقة. 1. قررت مديرة الدمج أن تداوم ابنتي نصف يوم دراسي فقط من أول العام (بدون تقييم). 2. سلمتنا "خطة التعليم الفردية للترم الأول" لابنتي بعد 4 أشهر من بدء الدراسة (6 أسابيع وفقًا لهيئة المعرفة). 3. قامت بالتوقيع إلكترونيًا في مكان "ولي الأمر" بأننا استلمنا الخطة أول العام، وهو ما لم يحدث على الإطلاق. 5. رفضت مشاركتنا أي بيانات أو تقارير دراسية عن ابنتنا؛ بل هددتنا أنه لديها 47 صفحة ملاحظات ضد ابنتي وأنها سوف تستخدمها ضدنا لدى هيئة المعرفة إذا لزم الأمر. 6. وأخيرًا رفضوا إعادة تسجيل ابنتي للعام القادم في أواخر شهر مايو 2022. أعلاه النقاط الجوهرية فقط. أرسلت إلى مديرة الدمج ثم إلى نائبة مديرة المدرسة فلم ترد، ففتحت شكوى لدى هيئة المعرفة. طلبوا مني التواصل مع مديرة المدرسة أولاً. كان الرد أنه بعد المراجعة، فإن المدرسة على حق في القرارات التي اتخذتها (وذلك دون الرد بسبب أو مبرر). بالله عليكم أفيدوني ماذا أفعل؟

Will the notice be considered delivered if it is pasted on the door of the defendant?

Q: I have given my tenant a one-year vacating notice. How can I find out that she received it as the Aramex report came as stuck on the door?

Reinvestigation of a fraud/embezzlement case upon the appearance of new evidence

Q: Dear sir/madam, I had a long drawn-out legal case for fraud/embezzlement between 2014-2015. The final judgment was 3 months in jail + deportation. I have since left the UAE. It is a complicated case that was running concurrently in 2 countries. It has since been resolved/settled out of court. My question is with new evidence, can a case be reopened? What are the requirements for reinvestigation in the case?

The consequences of non-payment or settlement of an unpaid cheque

Q: Hi, I would like to thank you for your insight! Specific question: What would be the consequences of non-payment or settlement in a civil case of a 500 K AED cheque knowing that there is an arrest warrant in the civil case? Besides the accrued interest on the amount, will there be additional punishment for non-payment and evading arrest while being in the country and there is of course a flight ban? Thank you for any information provided! Regards,

Working in a company while the visa is from another company owned by the same owner

Q: Hello, Is it a violation when some employees work in company A (industrial license) while they have a visa and work permit from company B (professional license)? Companies A and B have the same owner, sponsor, and brand. They are based in Dubai, mainland, and are private companies.

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What is the allowed increase as per the rental index for a villa tenancy?

Q: Here`s my situation: 1. I have a tenancy for a villa that is coming up for renewal on the 1st of September 2. On the 28th of May, the landlord sent me an email stating that they want to increase the rent but did not state by how much. 3. On the 1st of June, the landlord`s representative sent me an email with a "rental valuation certificate" stating that the valued rent of the property is AED 225,000 4. On the 1st of June, we checked the rental index and have found that it states that the rent for an individual five-bedroom villa is in the range of AED 231,000 to AED 260,000, whilst the rent for a complex in Jumeirah is in the range of AED 202,000 to AED 246,000 5. My tenancy for last year was AED 189,000 6. The landlord wants to increase the rent by 19% based on the valuation certificate 7. I`ve said to the landlord that “Decree No. 43 of 2013 Rent Increase for Real Property in the Emirates of Dubai” states that the maximum increase should be 5%. Is my understanding correct?

How to file a case for the mental abuse that my uses to blackmail me?

Q: I was married for 13 years and was the main income provider to my husband and daughter, bearing all expences. My husband first fell into an affair, then we divorced. After realizing that he can not benefit from my earnings anymore, he started to demand from me money for our jointly mortgaged home which I keep and was paying solely despite it being on 2 names in the mortgage contract. So together with his mistress, they decided to act as i am abusing my daughter - which is not true. He was making up stories, going to police and hospitals taking reports, and letting his mistress attend doctors with my daughter without my knowledge. He is using this to blackmail me to mentally abuse me, teaching my daughter to lie and manipulate me. I want to file a case and prove the abuse, blackmailing, and psychological damage to my child and me. What is the medical facility where I can get a psychological behavior report for my child to prove that he is doing this all on intention and consistently to fulfill his financial plans?

الزوجة ترفض العودة إلى بيت الزوجية. ما الحل؟

س: السلام عليكم، زوجتي تحمل إقامة غير مصرح لها بالعمل. منذ تقريبًا سنة قدمت على عمل وقُبلت وطلبت مني شهادة لا ممانعة لصاحب العمل وأنا أعطيتها إياها. بعد ذلك، حصل بيني وبين زوجتي خلافات كثيرة أدت بها مؤخرًا للخروج من المنزل واستئجار شقة وأخذت ابنتي. لم أكن راضٍ طبعًا ولكنني وافقت لها تحسبًا مني أن الأمور سوف تهدأ وتعود للمنزل ونتصالح. ولكن وبعد شهر وأنا أحاول أن أقنعها أن ترجع لمنزلنا، فإنها تصر على تجديد عقد الشقة المفروشة. سؤالي: هل يمكنني إلغاء مهنتها أو إقامتها وإجبارها على العودة لبلدنا؟ أم ماذا يمكنني فعله؟

Where to pay the fine of a police case?

Q: Dear sir/madam, I was told at immigration upon entering the country that I have a police case with a fine of AED 5000. I went to the police and was told to go to Dubai court as there is a fine. I am asking where should I pay the fine; at court or public prosecution? It is a bank fine for sure.

The employer refuses to give a No Objection Letter. What to do?

Q: Hi! Good day! It has been almost 4 years of working as a security guard in a Dubai-based company on a limited contract and recently I got a job offer overseas (Malta). In order to get the visa, I need a No Objection Letter from my employer, which the employer rejected. So, Is there any way to get NOC from my employer? Or does the MOHRE or Labour Court issue the NOC on the employer`s behalf?

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How can an employee cancel the the labor contract?

Q: Dear sir/madam, I am a taxi driver. I have been working for a year and 8 months. The company is not canceling me. What should I do?

How can a partner completely own an LLC company?

Q: Dear sir/madam, We are a commercial broker L.L.C. Company, consisting of 2 partners; local with 51% shares & foreign with 49%. We have decided to own this company 100%. Kindly let us know how will it be possible and what documents are required to get started? And what would the cost be?

Can the developer agree with the broker for higher fees because of the law caption?

Q: Hello, We are a European (Slovakia) registered LLC company legally structured to do real estate brokerage. We are about to sign a contract with a major Dubai developer as a service provider to help them sell their units. We agreed on a commission which is more than 5% but in the contract, they provide us only 2% stating that this contract is as per the DLD and that the difference between these two percentages is agreed on an email basis. Is this really the fact that the Dubai Land Department is limiting developers on how much they can give commission to the (international) brokers? In the contract "as per the DLD" there are clauses that we cannot advertise units anywhere (not even online), but in reality, we received info that again we can still do that, but it is there just to follow the DLD layout. To me as a business owner, this practice seems as a total shady activity when we will agree on something via email which I will then deny by signing the main contract. Thank you

What is the legal way to deliver a legal notice in the UAE?

Q: Ways to deliver legal notice to the warned. I filled up forms at the Dubai Court website and they issued an electronic notarized legal notice. What are the legal ways to deliver this legal notice to the warned? In the past, the lawyers and employers of the warned refused to accept the notice. And the Warned keeps on changing phone numbers and email addresses. I heard there is a company called Tableegh that is authorized to make delivery of legal notices. Are there any other companies similar to Tableegh? How to publish the notice in a newspaper?

A case to claim my dues from employer for not paying my salaries for eight months

Q: My salaries are not paid for 8 & 1/2 months, and for the past 6 months, my company kept me on unpaid leave. I have resigned with one month`s notice. My total dues shall be over 300K. The company says they can pay a maximum of 8 salaries in 8 months. I am planning to file a labor complaint at the end of the notice period. Please advise how I can get my dues and what is the court procedures, I don`t have any amount to survive with my family here. We all are suffering badly from huge debts.