UAE Legal Resources - Legal Advice Middle East

Introduction: In the case of [A] v [B] [2024] DIFC SCT, the Dubai International Financial Centre Courts’ Small Claims Tribunal addressed a dispute concerning the non-payment of invoices. Natalie, the claimant, alleged that Nola, the defendant, had failed to fulfill payment obligations outlined in an Engagement Agreement dated November 23, 2023.

How can I obtain a legal heir certificate?

Q: Dear Sir/Madam, My father owned a company in Dubai. He passed away in India, his native place. How can I obtain a legal heir certificate, and what is the limitation of a succession certificate?

How to calculate the notice period in case of termination job at school mid-year?

Q: Hi, I need advice on the termination of the contract and notice period. I am in the 1st year of my 2nd fixed-term contract with my employer (school) and was terminated on 21 March due to restructuring. Firstly I`d like to know what I am entitled to in terms of end of service. Secondly, my employer`s contract says I have to give one term notice, so they want my last working day to be 5th July. However, my MOHRE contract states `the terminating party shall notify the other party of such desire 3 months as a prior notice before the determined date of termination, such period shall be similar for both. My employer is saying that because we had 2 weeks of spring holiday and then 1 week of Eid, my notice period does not include the holiday (I was terminated before the holiday began). Please, can you advise on the correct date of the end of the notice period? Also how to get the employer to agree.

المقاول يطالب بمبالغ إضافية بعد انتهاء العمل واستلام جميع الدفعات. ما الحل؟

س: السلام عليكم، لدي مشروع بناء فيلا في عجمان. بعد الانتهاء من البناء واستلام المقاول جميع دفعاته طلب مني دفع مبلغ 65 ألف درهم بغير وجه حق. يدَّعي أنها للعمالة الإضافية والضريبة، مع أن العقد شامل، وقد تأخر في التسليم 3 أشهر ويقول إما تدفع وإما لا أصدر لك شهادة إنجاز. ما الحل والطريقة الصحيحة؟

Are we obliged to pay for two days extension after leave due to Dubai weather conditions?

Q: Hi, One of the employees extended her leave for two more days due to the flight cancellation because of the rain in Dubai. I want to know whether the company needs to pay for extended leave. Is there any rule mentioned in the labor law about this case?

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How can I vacate my tenant if the rental agreement ends before the eviction notice deadline?

Q: My Dubai tenant`s rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024. I have two questions: (a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator? (b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not? Thank you.

The floods damaged my property. Who fixes it and compensates me?

Q: Dear Sir/Madam, My property in Dubai was damaged due to floods and is now mostly uninhabitable. The property management/builder is not taking any steps to rectify the situation. Much of the damage occurred because a water pump in the nearby lake (part of the community) failed. If it had not failed, much less water would have entered the property. Who can I raise a dispute with to ensure the builder repairs the property and compensates me for the damage?

The apartment has been sold to a new owner. Is the tenancy agreement still valid?

Q: Hello, This is related to a tenancy contract. I`m staying in an apartment on rent and the lease is about to expire. I had agreed with the owner that I would move out at the end of the lease period. Recently, the apartment was sold and the new owner is saying that my rental agreement with the old owner is null & void (as the owner has changed now), and I`ll have to get into a new agreement with him on exactly the same terms; there`ll be no economic impact on me. Am I legally required to get into a new tenancy contract with the new owner for the remaining term? Do I need to get into that complication?

What options does an expat have when contesting a divorce filed by wife?

Q: Hi, I am an expat living in Abu Dhabi. My wife, who left home 9 months ago and hasn`t returned, has filed for divorce. I am committed to preserving our marriage and need guidance on contesting the divorce case she has filed against me. Can you advise me on my rights and options in this circumstance?

Received a stop the search certificate. Should I submit it to the police to lift travel ban?

Q: Dear Sir/Madam, I have received a stop the search certificate from Dubai Public Prosecution. Kindly advise if I need to submit the same to the concerned police station or if it will automatically lift the travel ban.

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Are there any regulations mandating the landlord to keep the air conditioning on?

Q: Hello, I’m a tenant living in Dubai in a rented apartment. During winter, the air conditioning in common areas and the ground floor lobby of my building is switched off. In summer, they are switched on but limited to 10-14 hours a day. I have written emails to management, but they continue with the same practice. Are there any legal clauses or regulations stating the landlord`s responsibility to keep the air conditioning on?

How can I make sure I can enter the UAE if I paid my entire pending loan after leaving?

Q: Hi I was in the UAE in 2019 and there was a 25k loan balance. For one and a half years, I did not pay the loan and moved to Qatar. In 2023, I paid the amount in a single shot and the bank sent me an email regarding payment. I`m coming to Dubai on a tourist visa. If the bank filed a case, will I face any problems at the airport? I don’t know if the bank filed a case. I have all the documents regarding loan closures. Is there any problem with coming to the UAE on a tourist visa?

What happens after arrest for drunk driving and involvement in an accident?

Q: Hi, My husband was arrested for drunk driving. He met with an accident. He was held at the police station for two days. Now, they plan to transfer him to central jail for seven days, pending his blood report. What happens next? I`m really worried.

Which law, UAE or UK, would be better for divorce and a fair split of costs for children?

Q: Dear Sir/Madam, My brother, who is British, is seeking a divorce lawyer. His wife, also British, refuses to divorce him. They were married in a church in Jebel Ali, Dubai, and it has been 4 years since. She does not work, and he covers 100% of the expenses. She aims to trap him to avoid returning to work, and her family possesses evidence of mental health issues. She refuses to undergo a medical test due to fears of losing custody. He is seeking someone to represent him and advise on whether UAE divorce law or UK law would be better, considering a fair split of costs for their two children.

Will you get detained at Dubai Airport if you have a case and have transit with the same airlines?

Q: We would like to thank all participants for their invaluable input. We have a very specific question regarding connecting through Dubai in case of a probable court case/police case in the UAE. Does it make a difference if connecting from an Emirates flight to another Emirates flight without passing through immigration as opposed to connecting between different airlines in which case there is a possibility of passing through immigration, especially between different terminals? We would appreciate a clear and specific answer to this pertinent question. Thank you

Self-help

How can a car rental company collect a fine from a customer who refuses to pay?

Case Summary in DIFC Courts, Small Claims Tribunal