Q: I live in Dubai. A year ago, I rented a flat from one of the real estate offices. I signed a tenancy contract for a period of two years. When I signed my tenancy contract, the real estate office officials told me verbally that car parking and swimming pool are free of charge. However, this has not been mentioned in the tenancy contract. I had used the car park space and swimming pool without any problem for one year. Last month, the real estate office sent me an email stating that I have to pay for using the car parking space and swimming pool. They mentioned in the email that car parking and swimming pool were free only for the first year as per their policy. In case I want to continue using the parking and swimming pool for the second year, I need to pay. Please clarify: what does Dubai’s rental law say on this matter and what is my right as per the said law? What can be done to solve this problem with the real estate office?
A: Article 11 of Law No. 26 for 2007 about the relationship between landlords and tenants states the following: The rent includes (permission to) use the real estate facilities like swimming pool, playground, sports hall, health club and parking and other amenities unless otherwise agreed upon. According to the above-mentioned article, the demand of the real estate office is illegal. Therefore, if the questioner is not able to solve this problem amicably with the real estate office, he may file a complaint with the Rental Committee and demand permission to use car parking and swimming pool free of charge. As per the above-mentioned law, the questioner also has the right to request the Rental Committee to reduce the rent in case he is not allowed to use parking and other facilities.
Postdated cheque and closed account
Q: I live in Dubai. I had worked in a company for more than four years. Three months ago, I submitted my resignation after I got a good job offer which I did not want to miss. The company agreed to pay all my dues, but it paid the dues in two modes: 50 per cent in cash and 50 per cent in a postdated cheque to be paid in three months. I accepted the cheques and I signed an undertaking before the Ministry of Labour that I had received all my labour dues. The company PRO did the visa cancellation and I joined the new company. Now, the cheque given by the company towards my dues was returned by the bank saying the company’s account has been closed. I went to the Ministry of Labour to claim my labour dues and informed officials there that the said cheque was returned without payment. However, ministry officials informed me that I have no right to file a new labour case against the employer because I had already signed the undertaking stating that I had received all my dues from the sponsor. Please I need your advice. I feel that my previous employer was cheating me by issuing a postdated cheque and closing his bank account in the meantime.
A: As per the UAE labour law and the labour ministry rules, the questioner has no right to go to the ministry once again to file a new case and claim his unpaid dues from the previous employer as the questioner has signed before the ministry officials that he had received his rights in full from the sponsor. In this case, he has no other choice but to file a criminal complaint against the person who issued the cheque and file a civil case against the company if it does not pay the amount mentioned in the cheque before the criminal court.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
