Uploaded on Feb 2, 2020
Dubai government has introduced several mechanisms to resolve property disputes in the UAE. Dubai offers a wide range of dispute resolution methods and relevant authorities governing the real estate sector.
Dispute Resolution for Residential Property Dispute in Dubai
DISPUTE RESOLUTION
FOR RESIDENTIAL
PROPERTY DISPUTE IN
DUBAI
HHS LAWYERS AND LEGAL CONSULTANTS
SOME OF THE COMMON REASONS FOR
RESIDENTIAL PROPERTY DISPUTES ARE:
• FAILURE TO PAY THE RENT EVEN AFTER THE ISSUANCE OF A NOTICE OF
PAYMENT FROM THE LANDLORD.
• SUBLEASING OF, A PART OF A PROPERTY WITHOUT APPROVAL OF THE
OWNER OF THE PROPERTY
• MAKING CHANGES TO THE PROPERTY THAT CANNOT BE UNDONE OR
CAUSING DAMAGE TO THE PROPERTY INTENTIONALLY OR DUE TO
NEGLIGENCE TO TAKE PROPER PRECAUTIONS OF THE PROPERTY OR
ALLOWING OTHERS TO CAUSE SUCH DAMAGE.
• IF THE TENANT USES OR ALLOWS OTHERS TO USE THE PROPERTY FOR
ILLEGAL USE.
DIFFERENT WAYS TO SOLVE PROPERTY DISPUTES
• COMMUNICATION WITH THE DISPUTANT PARTIES
FACE TO FACE COMMUNICATION AND IN-PERSON MEETINGS ARE THE BEST WAY TO SOLVE THE
PROPERTY WITHOUT OPTING FOR ANY OF THE METHODS FOR SOLVING PROPERTY DISPUTES.
• AMICABLE SETTLEMENT
AN AMICABLE SETTLEMENT IS AN EFFICIENT OPTION BECAUSE MEDIATORS ARE VERY OFTEN
EXPERIENCED AND MAY HAVE ACCESS TO DUBAI LAND DEPARTMENT DATABASES, WHICH HELP
THEM TO FIND FACTS AND INFORMATION ABOUT THE PROPERTIES, PROJECTS, DEVELOPERS
AND OTHER INFORMATION MORE EFFICIENTLY. THE TYPES OF SETTLEMENT OPTIONS AVAILABLE
AS FOLLOWS:
• BEFORE PROCEEDING TO A COURT PROCEDURE MANY OF THE PROPERTY
DISPUTES ARE SETTLED BY NEGOTIATION. NEGOTIATION OF DISPUTES
RELATED TO RESIDENTIAL PROPERTY REQUIRES EVEN MORE SPECIALIZED
KNOWLEDGE AND SKILFUL COMMUNICATION. IF YOU ARE SEEKING FAIR
COMPENSATION FOR YOUR CLAIMS, THIS PROCESS IS AN EXCELLENT
OPPORTUNITY TO SAVE TIME AND MONEY.
• ARBITRATION: THE CONCEPT OF ARBITRATION FOR PROPERTY DISPUTE IS
DESIRABLE BECAUSE IT PROVES CONFIDENTIALITY FOR BOTH THE PARTIES.
AS PER UAE LAW, SOME PROPERTY CASES CANNOT BE ARBITRATED FOR
PUBLIC POLICY REASONS. THE PARTIES NEED TO BE VERY CAREFUL
BEFORE REFERRING ANY PROPERTY CASE TO ARBITRATION.
• MEDIATION FOR RESIDENTIAL PROPERTY DISPUTE
ANY DISAGREEMENT OR DISPUTE CAN BE RESOLVED USING MEDIATION. THE
DISPUTE IS RESOLVED MORE QUICKLY AND ITS LESS COST CONSUMING.
MOST COMMON ISSUES BROUGHT UP
THROUGH MEDIATION INCLUDE:
• REPAIR AND INSPECTION ISSUES,
• COSTS FOR REPAIRS,
• FINANCIAL MONEY DISPUTES,
• MATTERS RELATED TO MISREPRESENTATION OF ANY MOVEABLE OR
IMMOVABLE PROPERTY
• CONCILIATION
• CONCILIATION IS A PROCESS CONDUCTED WITH THE AID OF AN IMPARTIAL
PERSON CALLED CONCILIATOR TO IDENTIFY THE PROPERTY ISSUES, DEVELOP
OPTIONS, TAKE ALTERNATIVES AND ATTEMPT TO REACH AN AGREEMENT. THE
CONCILIATOR HAS NO DECIDING ROLE ON THE CONTENT OF THE DISPUTE OR
THE OUTCOME OF ITS RESOLUTION BUT MAY ADVISE ON OR DETERMINE THE
PROCESS OF CONCILIATION. THE CONCILIATOR MAY ALSO SUGGEST
SETTLEMENT TERMS AND ACTIVELY ENCOURAGE THE PARTIES TO REACH AN
AGREEMENT THAT IS CONSISTENT WITH THE LAW.
• LITIGATION: EITHER PARTIES FOR RESOLVING THEIR DISPUTES IF THEY ARE
NOT SATISFIED BY THE METHODS OF ARBITRATION OR NEGOTIATION. DUBAI
COURT HAS JURISDICTION OVER ALL PROPERTY DISPUTES IN UAE. THERE ARE
THREE LEVELS OF COURTS BEING THE FIRST INSTANCE, COURT OF APPEAL
AND THE COURT OF CASSATION. A JUDGE WHO DECIDES ON A PROPERTY
CASE MAY APPOINT A REAL ESTATE EXPERT TO ASSIST HIM IN SOME
TECHNICAL ISSUES. ALL DOCUMENTS SUBMITTED TO THE COURT MUST BE
TRANSLATED INTO ARABIC. HAVING AN EXPERIENCED LAWYER BY YOUR SIDE,
YOU MAY GET A FAIR SETTLEMENT FOR A PROPERTY DISPUTE
REMEDIES CLAIMED UNDER PROPERTY
DISPUTES
• INCLUDE A DAMAGES AWARD TO COVER THE LOSSES, OR AN INJUNCTION
ORDERING ONE PARTY TO REMEDY A PROPERTY DEFECT OR PREVENTING A
PARTY FROM DOING SOMETHING ON HIS OR HER PROPERTY.
• EITHER PARTY MAY CLAIM MONETARY DAMAGES FOR VIOLATING THE TERMS
OF THE CONTRACT. THESE DAMAGES MAY INCLUDE DAMAGES THAT HELP
COVER THE LOSSES OF THE NON-BREACHING PARTY OR COMPENSATORY
DAMAGES TO PUNISH THE BREACHING PARTY
• IN SOME CASES, THE COURT MAY ALSO ORDER TO CONTINUE THE
CONTRACTUAL OBLIGATION BY EITHER PARTY.
• CLAIM COMPENSATION FOR REPAIRS AND MAINTENANCE OF THE PROPERTY
• CLAIM REPLACEMENT FOR MOVABLE PROPERTY
DOCUMENTS REQUIRED TO FILE A
DISPUTE CASE
THE PARTIES WILL NEED TO PREPARE VARIOUS DOCUMENTS THAT ARE REQUIRED
FOR ANY DISPUTE CASE TO BE FILED THEY INCLUDE:
• EMIRATES ID
• EJARI CERTIFICATE
• ORIGINAL TENANCY CONTRACT
• PASSPORT COPY
• DEWA BILLS
• TITLE DEEDS (IF YOU ARE A LANDLORD)
• COPIES OF ISSUED CHECKS
• ANY OTHER RELEVANT DOCUMENTS
PROPERTY DISPUTE IN UAE
THERE ARE LOTS OF EXCELLENT FORUMS TO RESOLVE A RESIDENTIAL PROPERTY
DISPUTE IN UAE. DEPENDING UPON THE NATURE OF THE DISPUTE, THE COST INVOLVED
AND THE TIME LIMITATION, A PROPERTY LAWYER SHOULD BE CAUTIOUS BEFORE
CHOOSING THE CORRECT FORUM FOR THE REQUIREMENTS. A PROFESSIONAL PROPERTY
LAWYER CAN REGULARLY ADVISE ON REAL ESTATE DISPUTES
THEY HAVE IN-DEPTH KNOWLEDGE ABOUT A WIDE RANGE OF PROPERTY FOR REAL
ESTATE TRANSACTIONS TO BUSINESS. PROPERTY LAWYERS NAVIGATE THE
NEGOTIATIONS AND ENSURE YOU WITH INSIGHTFUL ADVICE AND LEGAL GUIDANCE, SO
YOU CAN MAKE THE RIGHT CHOICE. IF YOU NEED, YOU MAY TAKE THE HELP OF PROPERTY
DISPUTE LAWYERS IN UAE SO THAT THEY MAY REPRESENT YOU ON YOUR BEHALF.
CONTACT US
ADDRESS:
IBIS HOTEL BUILDING – OFFICE ENTRANCE 5TH FLOOR, OFFICE NO.: 5008,
RIGGA ROAD DUBAI, P.O.BOX 4896, U.A.E
MOBILE:+971 55 370 1232
TELEPHONE: +971 4 2555496
EMAIL: [email protected]
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