Dispute Resolution for Residential Property Dispute in Dubai

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Dispute Resolution for Residential Property
Dispute in Dubai

• HHS Lawyers and legal consultants

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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.

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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

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• 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.

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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

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• 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

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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

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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

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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.

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