Khaleej Times

Ashish Mehta

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I have serious issues with regards to the quality of water being supplied in my apartment. The rusted pipes are causing health issues and skin problems. The problem has been going on for the last three years, but we only found out recently after an analysis of the water quality. I have contacted the maintenanc­e department, and they visited the building in September, but received no responses after that. It’s now been over a month. Is this a matter that can be filed legally? Can the owner and building management be legally compelled to fix the issue, or pay for damages? We assume that the apartment you are residing is in Dubai. It is the responsibi­lity of the landlord to provide basic amenities and maintenanc­e to the rented premises in accordance with Article 16 of Law No. 26 of 2007 Regulating the Relationsh­ip between Landlords and Tenants in the Emirate of Dubai (the Rental Law). Unless otherwise agreed by the parties, the landlord will, during the term of the lease contract, be responsibl­e for the maintenanc­e works and for repairing any defect or damage that may affect the tenant’s intended use of the Real property.” Further, Article 17 of the Rental Law states: “The landlord may not make to the Real Property or any of its amenities or annexes any changes that would preclude the tenant from full use of the Real Property as intended. The landlord will be responsibl­e for such changes whether made by him or any other person authorised by the landlord. Further, the landlord will be responsibl­e for any defect, damage, deficiency and wear and tear occurring to the Real Property for reasons not attributab­le to the fault of the tenant.”

Pursuant to the provisions of the Rental Law, the owner of your building has certain obligation­s towards its tenants and it appears that the owner has not fulfilled his obligation­s. Therefore, you may lodge a

Know the law

complaint with the Rental Dispute Centre of Dubai in accordance with Article 4 of Decree No. 26 of 2013 concerning Rent Disputes Settlement Centre in the Emirate of Dubai, which states: “A- The provisions of this decree shall apply to the special judicial committee for disputes settlement between landlords and tenants formed pursuant to Decree No. 2 of 1993.”

B. The title “The Special Judicial Committee for Disputes Settlement Pursuant to your questions, we assume that you are terminated without notice which is termed as arbitrary terminatio­n and the employer has made false accusation­s against you. You have followed the right procedure by approachin­g the If your friend has not paid his debts, the creditors may have filed a criminal (assume your friend issued cheque to the creditors which are dishonoure­d upon presentati­on) complaint or civil case filed against him by the creditors (perhaps banks in this case). Your friend should consider to appoint a lawyer and provide this lawyer a power of attorney so the lawyer could represent your friend to determine if Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www. amalawyers.com. Readers may e-mail their questions to: news@khaleejtim­es.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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