UAE Property: ‘My neighbour’s smoking habit is affecting my health’

Neighbours, whether it’s their noise, their lack of attention to landlord regulations or their personal behaviour, can be a cause for concern. Getty Images

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.

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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 [e-mail]