Eviction only possible in case of non-payment of rent: AD Judicial Department

Mon 22-10-2018 13:57 PM

by Hatem Mohamed ABU DHABI, 22nd October, 2018 (WAM) — Abu Dhabi Judicial Department (ADJD) has affirmed that only in case of non-payment of rents due within leases registered with competent municipal departments, tenancy contracts may be considered as an executory tool to claim eviction and rent arrears.

The announcement came in a media briefing organised by the ADJD today at its headquarters in the UAE capital to respond to queries on Article 11, Clause 4 of the ADJD Chairman’s Decisions No. 25 of 2018 on the rental disputes committees and the procedures therein. It comes to dissipate concerns held by some tenants after recent media reports had purported that landlords in Abu Dhabi would “soon” be able to evict tenants “more easily” under ADJD’s new rules that went into effect on 14th October, 2018.

“The lessor shall first submit to the Dispute Settlement Committees an application to obtain the executive stamp, which he/she shall receive after ensuring the fulfillment of the conditions. The lessee shall receive an order to pay within a period of 21 days from the date of notification in respect of residential rents and 30 days from the date of notification for commercial and industrial units,” Counsellor Adel Al Osheibi, Director of the Enforcement Department, ADJD, told reporters.

“Only if the Tenant fails to pay the arrears during the said period, the execution proceedings shall be initiated against him/her. Should the tenant pay within the period specified, or before that, the execution shall be permanently withheld,” he added, noting that all execution judgments and orders in this respect can be contested in appeal and cassation.

The new rules are aimed to ensure safe procedures for both landlords and tenants, speed up dispute resolution, efficiently regulate tenant-landlord relationship and ultimately improve the emirate’s competitiveness for real estate investors.

“This initiative, the first of its kind in the country, supports the efforts to create a business friendly environment conducive to real estate investment in Abu Dhabi by ensuring simplification of procedures and speedy settlement of disputes,” he explained.

Contract registration was made mandatory to receive legal rights in 2017 and it’s hoped the new rules will lead to a reduced number of rental disputes.

WAM/Hatem Mohamed/Esraa Ismail

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