Legal View

Hamdan Al Harmi is an advocate and Legal Consultant from Emirates Advocate. He can be contacted on halharmi@emirates.net.ae. It is advisable that readers with queries on labour-related issues specify the type of contract they have with their sponsors, limited or unlimited, the duration of the years of service and explain, in brief, the reasons for leaving the sponsor. Readers may e-mail their questions to ktedit@emirates.net.ae or send it to Khaleej Times Dubai P.O. Box 11243.

By Hamdan Al Harmi (— Compiled By Eman Al Baik)

Published: Sun 27 Nov 2005, 9:13 AM

Last updated: Thu 2 Apr 2015, 8:47 PM

Rent body enjoys judicial authority

I am a landlord. I filed a complaint with the Rents Committee against a tenant who refused to pay an increased rent. The committee did not issue its decision in my favour. Is there any way I can appeal against the committee's decision? — Ahmed

ARTICLES Nos. 2 and 4 of the Decree No. 2 of 1993 regarding the formation of a special committee for hearing disputes of tenants and landlords give the Rents Committee judicial authority. This is despite the fact that the committee, by nature, is an administrative authority.

Since the legislator gave the committee the judicial authority in disputes between landlords and tenants, the committee is considered an Urgent Judicial Authority, which is assigned with the job of promptly intervening on behalf of the ordinary judicial entity. Subsequently, the committee's decisions are judicial in nature and enjoy the legitimacy of a court order since they are issued on its behalf.

Consequently, verdicts given by the Rents Committee cannot be appealed against before an ordinary judicial authority. This has been stipulated in Article No. 4 of the decree on the formation of the Rents Committee.

Hence, you cannot appeal again before the Rent Committee or for that matter, before any court, and the order has to implemented.

Appeal rejected

I am a landlord who filed a case before the Dubai Court of First Instance against a tenant who failed to pay rent. The court turned down my case and its sentence was not in my favour although I submitted all necessary documents to prove my claim? Can I complain to the Rents Committee regarding a dispute between a tenant and the building's watchman? — Ali

IT IS CLEARLY stated in Decree No. 2 of 1993 that it's not permitted for any authority other than the Rent Committee to hear disputes between landlords and tenants, whatever be the nature of the dispute.

The landlord in this case has to file a complaint before the Rents Committee because it is the authority concerned with disputes between landlords and tenants.

On the second part of the enquiry, Article No. 1 of the explantory Decree No. 1 of 1996 explains: "All disputes raised between landlords and tenants, whatever be the nature of the dispute" and this pertains to disputes related to renting and leasing of untransferable money which cannot be modified into another lease-renting relationship.

The issuance of the main and the explanatory decrees explains that the authority of the Rents Committee is limited to hearing disputes between tenants and landlords when they are the two parties involved in the rental relationship.

Accordingly, it is not permitted to generalise the obligations and the authority of the Rent Committee to other disputes that are not related to the rental relationship.