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UAE: Report NYE parties that break Covid safety rules

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Covid safety rules and fines still in force across the UAE.

Question: I have a neighbour who regularly hosts loud parties. I have seen him host large gatherings even amid the Covid pandemic. What happens if he hosts a New Year’s Eve party, breaking all safety protocols?

Answer: It is assumed that you are a tenant residing in a rented residence. Pursuant to your queries, as a tenant, it is your right to have peaceful possession of the rented residence. This is in accordance with Article 770 of Federal Law No. (5) of 1985 on the issuance of the Civil Transactions Law (the “Civil Transactions Law”), which states:

“1. The lessor may not do anything which disturbs the lessee in his enjoyment of the leased property during the period of the lease, and shall not make any alterations to the property that prevent or disturb such enjoyment, otherwise, he shall be held liable.

“2. The lessor not only warrants the lessee against his own acts and against those of his servants but also against any disturbance or damage based on a lawful claim by any other lessee or by any successor in title of the lessor.”

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Further, it is essential to adhere to the applicable laws, regulations, safety protocols and guidelines that are in effect. These include the Federal Law No. (27) of 1981 Concerning Communicable Disease Prevention; the Cabinet Resolution No. (17) of 2020 Regulating the Violations of Precautionary Measures and Instructions and Duties Imposed to Curb the Spread of Novel Coronavirus (Cabinet Resolution No.17 of 2020); and Resolution of the Attorney General No. (38) of 2020 on the Implementation of List of Violations and Administrative Sanctions issued under Cabinet Resolution No 17 of 2020 (Attorney General’s Resolution No. 38 of 2020).

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These were announced by the relevant authorities such as the National Emergency Crisis and Disasters Management Authority, Ministry of Health and Prevention, Ministry of Interior, and the UAE’s Attorney General.

Article 1 (1) of the Cabinet Resolution No. 17 of 2020 states: “A natural or legal person shall not violate the precautionary and preventive measures and instructions and duties regarding health and safety preservation in order to control the risk of spread of Coronavirus (Covid-19) issued by the Ministry of Health and Prevention, Ministry of Interior and the National Emergency, Crisis and Disasters Management Authority.”

Further, Article 1 (4) of Attorney General’s Resolution No. 38 of 2020 states: “The said Cabinet Resolution shall be implemented and the penalty stipulated beside each of the violations mentioned in the table below shall be collected:

(iv) Violating the prohibition on restrictions of gatherings, meetings, private and public ceremonies, gatherings or being available in public locations, private farms or agricultural estates: Dh10,000 for whoever invites or organises the same, and Dh5,000 for participants.”

On the basis of the aforementioned provisions of Cabinet Resolution No. 17 of 2020 and the Attorney General’s Resolution No. 38 of 2020, the hosting of a large gathering by your neighbour shall constitute an offence.

Therefore, in the event your neighbour hosts a large gathering during New Year’s Eve that results in the contraventions of the applicable laws, regulations, safety protocols and guidelines, you may report it through the Federal Prosecution’s website (www.pp.gov.ae.). Further, you may call the police and report any violations of Covid-19 regulations.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.