Question: I live in a two-storey apartment building in Al Ain. The neighbour below me smokes directly below my windows. The smoke comes through the windows and spreads across the whole apartment. Sometimes he has a barbecue and his guests smoke shisha and the whole apartment is full of smoke again, but the main problem is his cigarette smoke.
I suffer from a chronic obstructive pulmonary disease and I’ve had to go to the hospital many times because of the smoke, which has left me with long-term bronchitis.
I approached the neighbour, who is determined that he will not change his habit or move out. I tried contacting the estate agent, who tried to reason with him to no avail. I went to the police to ask their advice and also contacted social services. They contacted the neighbour who denied any knowledge that he was affecting my health (despite having shown him photos of me in hospital wearing an oxygen mask).
A meeting was organised between the agent, my neighbour and I, but it was not fruitful. I went back to social services, who took a statement with a translator present and said they would forward it to the police. This was some weeks ago and the neighbour is still smoking below my windows. What can I do? SM, Al Ain
Answer: The subject of problematic neighbours is a common theme from many of my readers and whether it’s from their noise or living standards or what they do, it can be a cause for concern, right down to a health hazard, as in your case.
There are many things that you can try, but it seems you have pretty much exhausted all the options. However, I would suggest three further things.
Firstly, continue to try to mediate either directly with your neighbour or as a group with the agent and/or landlord, but do not take his apathetic attitude as a given. If this continues to bear no fruit, get in touch with the Al Ain municipality. There are several sub centres dotted around. You can find them at Al Waqan, Al Maqam, Mazyad, Al Hair and City Centre. If you prefer calling, their number is 800 555 or you can visit this website: dmt.gov.ae.
The municipality has a duty of care to its citizens, so I’m sure you will be heard sympathetically.
The last resort would be to move out. I realise this may not be ideal as there are many things to consider, but your health is the most important factor, so I guess you will have to go with that.
Q: I signed an initial agreement to buy a studio apartment for investment. Unfortunately, I did so with haste, which I regret now. Can I legally back out after signing the agreement? BD, Dubai
A: You can back out of any contract, but it comes at a cost. In a normal situation, if any of the parties withdraw from a proposed property purchase, the withdrawing party will have to pay a penalty, which is typically 10 per cent of the purchase price.
As a buyer, you would have left this amount as the deposit, which is lodged with the agent who holds it in trust until the day of transfer, when it is returned to the buyer in exchange for the full amount to be paid.
If disputes arise after a contract has been signed, you will need to meet the other party to see if there are any agreements that could be met, allowing you to withdraw legally.
As stated, there is the norm of the 10 per cent deposit that has to be forfeited but only after a case has been filed at the Dubai Courts and a judgment has been reached. It isn’t a given that the deposit is handed over to the seller, at least not unless you instruct the agent to do so. The process could be long and costly, so it is always advisable to try to find an agreement before any court hearing.
It’s about give and take. It’s rare for a seller to let you just walk away from a deal without paying any penalty, but perhaps a compromise can be reached.
The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario@novviproperties.com
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THE SIXTH SENSE
Starring: Bruce Willis, Toni Collette, Hayley Joel Osment
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The biog
Place of birth: Kalba
Family: Mother of eight children and has 10 grandchildren
Favourite traditional dish: Al Harees, a slow cooked porridge-like dish made from boiled cracked or coarsely ground wheat mixed with meat or chicken
Favourite book: My early life by Sheikh Dr Sultan bin Muhammad Al Qasimi, the Ruler of Sharjah
Favourite quote: By Sheikh Zayed, the UAE's Founding Father, “Those who have no past will have no present or future.”
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Friday: First practice - 1pm; Second practice - 5pm
Saturday: Final practice - 2pm; Qualifying - 5pm
Sunday: Etihad Airways Abu Dhabi Grand Prix (55 laps) - 5.10pm
Abu Dhabi Equestrian Club race card
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Learn more about Qasr Al Hosn
In 2013, The National's History Project went beyond the walls to see what life was like living in Abu Dhabi's fabled fort:
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Major honours
ARSENAL
BARCELONA
- La Liga - 2013
- Copa del Rey - 2012
- Fifa Club World Cup - 2011
CHELSEA
- Premier League - 2015, 2017
- FA Cup - 2018
- League Cup - 2015
SPAIN
- World Cup - 2010
- European Championship - 2008, 2012
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Children who witnessed blood bath want to help others
Aged just 11, Khulood Al Najjar’s daughter, Nora, bravely attempted to fight off Philip Spence. Her finger was injured when she put her hand in between the claw hammer and her mother’s head.
As a vital witness, she was forced to relive the ordeal by police who needed to identify the attacker and ensure he was found guilty.
Now aged 16, Nora has decided she wants to dedicate her career to helping other victims of crime.
“It was very horrible for her. She saw her mum, dying, just next to her eyes. But now she just wants to go forward,” said Khulood, speaking about how her eldest daughter was dealing with the trauma of the incident five years ago. “She is saying, 'mama, I want to be a lawyer, I want to help people achieve justice'.”
Khulood’s youngest daughter, Fatima, was seven at the time of the attack and attempted to help paramedics responding to the incident.
“Now she wants to be a maxillofacial doctor,” Khulood said. “She said to me ‘it is because a maxillofacial doctor returned your face, mama’. Now she wants to help people see themselves in the mirror again.”
Khulood’s son, Saeed, was nine in 2014 and slept through the attack. While he did not witness the trauma, this made it more difficult for him to understand what had happened. He has ambitions to become an engineer.
The specs: Rolls-Royce Cullinan
Price, base: Dh1 million (estimate)
Engine: 6.75-litre twin-turbo V12
Transmission: Eight-speed automatic
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Torque: 850Nm @ 1,600rpm
Fuel economy, combined: 15L / 100km
