Ali Hussain hits back at FDC after threats to terminate flat agreements over improper waste disposal!
The Fahi Dhiriulhun Corporation (FDC) has warned that apartment agreements may be terminated if tenants violate regulations regarding the disposal of bulky waste during the move-in process. However, legal expert Ali Hussain has challenged this stance, asserting that waste management does not constitute a fundamental breach of contract and therefore cannot be used as legal grounds for eviction. Amidst this controversy, many residents have expressed concern over the lack of convenient waste disposal arrangements, highlighting the significant logistical challenges they face during the transition.
Lawyer Ali Hussain says that waste disposal is not a fundamental clause of the flat agreement | RaajjeMV | raajjemv
Prominent lawyer Ali Hussain has issued a stern response to the Fahi Dhiriulhun Corporation (FDC) following its warning that tenancy agreements for the 4,000 housing units in Hulhumalé Phase II could be terminated if residents fail to follow specific waste disposal protocols.
Fahi Dhiriulhun Corporation (FDC) Managing Director Hamdhaan Shakeel has informed the media that some residents of the Fahi flats are disposing of waste illegally and in violation of their agreements, particularly regarding the disposal of bulky waste. Hamdhaan stated that action is already being taken against those who violate these regulations, noting that some individuals have already been issued fines for their non-compliance.
Hamdhaan stated that repeated violations of the regulations would lead to the termination of the flat lease agreements. In response, Ali Hussain argued that an agreement cannot be voided unless a fundamental clause within the contract has been breached.
Ali Hussain noted that the specific method of waste disposal does not constitute a fundamental clause of the flat purchase agreement. He further stated that even if the agreement mandates a particular disposal method and stipulates termination for non-compliance, such a provision cannot be legally enforced to void the contract.
Hamdhaan stated that FDC will only be responsible for disposing of general household waste and biodegradable materials. He clarified that the disposal of bulky waste, including debris generated during the move-in process, remains the responsibility of the tenants.
As the issue escalates, recipients of the Fahi Dhiriulhun flats have voiced their concerns. They noted that disposing of waste continuously while work is ongoing is both difficult and costly, leading many to wait until a significant amount of debris accumulates before arranging for its removal.
However, some residents noted that they have been compelled to manage waste disposal despite the high costs and logistical challenges, as the Fahi Dhiriulhun Corporation (FDC) has repeatedly warned of penalties and begun taking action against violators. They further stated that these issues could have been avoided had a proper waste management system been established beforehand.
Many have noted that the issues currently being faced could have been avoided if arrangements similar to those provided for the Hiyaa flats had been established. They pointed out that when residents moved into the Hiyaa towers, designated waste collection areas were available, and HDC had organized regular waste disposal services—an arrangement that many believe should have also been put in place for those moving into the FDC flats.
