Noisy neighbours can get evicted from rented Dubai flat

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Noisy neighbours can get evicted from rented Dubai flat

Dubai - 'You may approach the Dubai Police and the Dubai Municipality and submit a written complaint.'

By Ashish Mehta

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Published: Tue 9 Jul 2019, 1:28 PM

Q: Our neighbours' kids play cricket in the hallway of our building. They are very noisy and the ball keeps hitting our door. I have told the boys several times that they are disturbing the people who are sleeping and even complained to the watchman. How can I complain against this officially?

A: We assume that you are staying in a rented or owned apartment in Dubai. As a tenant or owner, you are entitled to peacefully reside in your flat. The hallways of a building are designated as common areas. This is in accordance with Article 7(1)(a) of the Law No. 27 of 2007 Concerning Ownership of Jointly Owned Properties in Dubai (Jointly Owned Properties Law of Dubai), which states: "Unless otherwise indicated on the site plan, the common areas of a jointly owned property will include ... structural elements of the jointly owned property, including the main supports, foundations, columns, beams, structural walls, steps, ceilings, ceiling joists, hallways, staircases, stairwells, emergency exits, entrances, windows located on exterior walls, facades and roofs."
Further, common areas are defined in Article 1 as "those common parts of a property designated for common use by unit owners and occupiers and shown in the site plan".
It may be construed that the usage of the hallways in your building by your neighbours' kids causes disturbance to other tenants and owners, compromising their ability to reside peacefully in their owned or rented premises. And with the ball hitting the doors of the property, it may also endanger the safety of residents.
Such an act may lead to a violation of Article 24 of the Jointly Owned Properties Law, which states: "Subject to the association constitution, unit owners and occupiers and their guests must use the common areas in a way that does not compromise the rights of others to use those areas or disturb others or put their safety or the safety of the property at risk."
Based on these provisions of the law, you may approach the landlord of your apartment or the building management and file a complaint against your neighbours' kids and their parents.
If the kids who play cricket in the hallways are residing in rented apartments, you may file complaint against them with their landlord.
The landlord may demand the eviction of such tenants as mentioned in Article 25(1)(c)(e) and (f) of Law No. 33 of 2008 amending some provisions of Law No. 26 of 2007, regulating the relationship between landlords and tenants in Dubai. It states: "A landlord may demand the eviction of a tenant prior to the expiry of the tenancy period: (c) If the tenant uses or allows others to use the property for illegal or immoral activities. (e) If a tenant causes changes that endanger the safety of the property, in a way that it cannot be restored to its original condition or if he causes damage to the property intentionally or due to his gross negligence to take proper precautions or if he allows others to cause such damage. (f) If a tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in way that violates planning, building and land using regulations."
In the event that the landlord of the neighbours' apartments or the building management does not address your grievances, you may approach the Dubai Police and the Dubai Municipality and submit a written complaint against your neighbours' kids and their parents.
 

KNOW THE LAW

Flat owners and tenants or their guests must use the common areas in a way that does not compromise the rights of others to use those areas or disturb others.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates, Dubai. 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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