Host
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Drive Live Talks Legal
So, our guest today is Ludmila Yamalova from Yamalova and Plewka. Ludmila, very good to see you! It’s the first time I’ve seen you this year, so Happy New Year! Is it too late to say that?
Ludmila Yamalova
Not at all. I always love celebrating the New Year, and as far as I’m concerned, it’s still the New Year. Great to see you as well!
Host
The party never stops at Ludmila’s house!
Ludmila Yamalova
Exactly. If it’s the first time you’re seeing someone, it’s still perfectly fine to say Happy New Year.
Host
You’re right! It’s polite. Anyway, it’s great to see you and have you back. We’ve got a few topics to cover today, and of course, we want to take your questions too. If you have a question for Ludmila, text us at 4001 or use the free messaging app.
Let’s dive into our first topic: domestic workers. If they have employment grievances, what’s the route they can take? How practical is it to achieve results?
Ludmila Yamalova
Domestic workers include nannies, maids, drivers, gardeners, and similar roles. Until recently, they were not covered by the UAE Labor Law or the Ministry of Labor. However, as of October last year, this has changed. Domestic workers are now subject to a specific Domestic Workers Law, which provides protections similar to those under the UAE Labor Law.
If a domestic worker has a grievance, they can lodge a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). The Ministry will try to resolve the issue through mediation. If that doesn’t work, they issue a no-objection certificate for the worker to file a case with the labor courts. From there, the process mirrors other employment disputes.
Host
That’s helpful, Ludmila. Let’s pause there because we’ve got a caller on the line—Jakku has a question for you. Hi, Jakku.
Jakku
Hi there, guys. Thanks for taking my call. I’m appearing before the Rental Dispute Committee (RDC) tomorrow. My landlord is refusing to return my security deposit, claiming it’s needed for repairs that I don’t agree with. How do I prepare for the hearing, and what can I expect?
Ludmila Yamalova
Hi, Jakku. First of all, good luck tomorrow! Since you’re short on time, here are some key points to help you prepare:
- Language: The official language is Arabic, and while some judges may speak English, it’s best to be prepared for translation. Be cautious with translators, as nuances may get lost.
- Documents: Most decisions are based on documents rather than oral arguments. Gather any evidence, such as your lease agreement, receipts, photos, or videos showing the condition of the property when you moved in and out.
- First Hearing: If this is your first hearing, you can request an extension to gather more evidence. Judges are usually flexible with such requests.
- Procedural Arguments: If the landlord’s claims for repair costs should legally be a separate case, you can argue that they need to file a counterclaim. This could delay proceedings and give you more time to prepare.
Ultimately, focus on showing that any wear and tear is normal for a property you’ve lived in for three years.
Host
Jakku, can you share what repairs your landlord is claiming?
Jakku
Sure. He’s asking me to pay for a chipped tile and other small damages that I consider normal wear and tear after living there for over three years.
Ludmila Yamalova
That’s a common dispute. The landlord will need to prove these damages weren’t there when you moved in. If there’s no snag list or photographic evidence from either side, the burden of proof becomes a challenge for the landlord.
Host
Thanks for calling, Jakku. Best of luck tomorrow!
Host
Ludmila, Jakku’s situation highlights how important it is to have a detailed snag list when moving into a property.
Ludmila Yamalova
Absolutely. A comprehensive snag list can prevent these disputes. It should describe the property’s condition in detail and clearly outline what the security deposit covers, as well as the landlord’s and tenant’s responsibilities.
Host
We’ve covered a lot already, but stay tuned. Coming up, we’ll discuss investor visas and answer more of your legal questions. If you have a question, text us at 4001 or use the free app. This is Drive Live Talks Legal on DubaiEye1038.com.
Host
Welcome back to Drive Live Talks Legal on DubaiEye1038.com. We’re here with Ludmila Yamalova from Yamalova and Plewka, answering your legal questions and diving into important topics. Let’s move on to one of the frequently asked questions about investor visas.
Ludmila, can an investor visa be based on inherited property?
Ludmila Yamalova
That’s a great question, and the short answer is no. The investor visa in Dubai is tied to property ownership valued at AED 1 million or more. However, inherited properties do not qualify for investor visas.
This regulation has been clarified over the past few years. For instance, properties gifted between family members also do not qualify for investor visas. Similarly, even if someone inherits a property worth over AED 1 million, it doesn’t meet the criteria for an investor visa.
Host
That’s a valuable clarification. Let’s move on to our next caller—Stephen, who has a good news story about his experience with the Rental Dispute Committee (RDC).
Hi, Stephen. Thanks for joining us. Tell us what happened!
Stephen
Hi, thanks for having me. So, about nine months ago, I reached out after being evicted from my villa during a rent negotiation. I suspected the landlord was going to rent it to someone else, and that’s exactly what happened. Based on your advice, I opened a case with the RDC.
The committee reviewed my two-year lease and ruled in my favor, awarding me the difference between my previous rent and the higher rent I had to pay for my new lease. It was a significant amount, and the landlord even appealed—but he lost.
Host
That’s incredible to hear, Stephen. What advice would you give to others considering a case with the RDC?
Stephen
I’d say, be patient and prepared. If possible, take someone who speaks Arabic with you because the process can be a bit daunting. However, the RDC is fair and efficient. If you have a strong case, don’t be afraid to file it.
Ludmila Yamalova
Thank you, Stephen, for sharing your story. It’s a great example of how the system works when tenants take the necessary steps to protect their rights. The RDC is very experienced and aims to deliver fair outcomes based on the law and evidence.
Host
Stephen, thanks for calling in and sharing your positive experience!
Let’s shift gears to another question we received from a listener regarding employment disputes. Ludmila, this listener says they filed a complaint with HR about their boss being disrespectful. After the meeting, the boss and HR asked them to resign immediately, offering two months’ salary. The listener has an unlimited contract and has been with the company for four years. Is this legal?
Ludmila Yamalova
This situation sounds like a case of constructive dismissal. Essentially, the company is trying to pressure the employee to resign to avoid the additional benefits they’d have to pay if they terminated the contract themselves.
If the working conditions are unacceptable and you choose to resign, make sure to clearly outline your reasons for resigning in writing. The courts will view this as constructive dismissal, and you’ll still be entitled to:
- End of Service Benefits: 21 days of basic salary for each of your first three years and 30 days for every year after that.
- Notice Period: Usually one month unless your contract specifies otherwise.
- Compensation for Arbitrary Dismissal: Up to three months’ full salary.
- Unpaid Leave or Bonuses: Any accrued vacation days or prorated bonuses.
This will ensure you’re not at a disadvantage if you pursue legal action.
Host
That’s really helpful. Let’s take another question from the texts. A listener says their real estate agent promised a completed garden at handover via email. However, the landlord didn’t deliver, so the listener spent AED 11,000 to fix it themselves. Can they claim this amount from the agent or landlord?
Ludmila Yamalova
This is a tricky situation because it involves three parties: the tenant, the landlord, and the agent. Here’s how I’d approach it:
- Email Evidence: Emails are admissible as evidence and can support your claim. If the agent promised the garden in writing, that’s a strong starting point.
- Target the Right Party: While the agent may have made the promise, they don’t own the property. Your claim should ideally be against the landlord, as they are ultimately responsible for the property.
- RDC Filing: If negotiation fails, you can file a case with the RDC, using the email as evidence.
Offsetting future rent payments is an option, but you’ll need to inform the landlord and RDC to avoid defaulting on your lease.
Host
That’s great advice, Ludmila. We’re almost out of time, but what’s the takeaway for tenants in similar situations?
Ludmila Yamalova
Always document everything! Whether it’s property conditions, promises made, or financial arrangements, having written evidence is key. Also, don’t hesitate to seek legal recourse if you feel your rights are being violated.
Host
Fantastic insights as always, Ludmila. Thank you for joining us today on Drive Live Talks Legal.
Ludmila Yamalova
Thank you! Always a pleasure.
Host
That’s all for today, but remember, there’s so much more to hear. Download our podcasts at DubaiEye1038.com. See you next time!