RERA Decree 26 of 2013

Decree No. (26) of 2013 Concerning RENT DISPUTES

SETTLEMENT CENTER IN THE EMIRATE OF DUBAI

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

Having reviewed Federal Law No.(5) of 1985 Issuing the Civil Transaction Law of UAE, as amended;

Federal law No. (11) of 1992 Issuing the Civil Procedure Law, as amended;

Law No. (6) of 1992 establishing the Judicial Council, as amended;

Law No. (2) of 2003 Regulating the Lease of Property in the Emirate of Dubai;

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai;

Human Resources Management Law No. (27) of 2006, as amended;

Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, as amended;

Law No. (15) of 2009 Concerning the Hearing of Rental Disputes Within the Free Zone;

Emiri Decree No. (2) of 1993 Concerning the formation of a Special Judicial Committee To Settle Disputes Between Landlords and Tenants, as amended;

Regulation No. (3) of 2006 Specifying the Areas where Non-UAE Nationals May Own Real Properties in Dubai; and

Local Order No. (1) of 2004 Concerning the Fees of the Rent Committee in the Emirate of Dubai,

Decreed as follows:
NAME OF THE DECREE
Article (1)

This decree is called "Decree Concerning Rent Disputes Settlement Center in the Emirate of Dubai No. (26) of 2013".

Definitions:
Article (2)

The following words and expressions shall bear the meanings assigned thereto respectively wherever they appear in this Decree unless the context indicates otherwise:

Emirate: Emirate of Dubai.
The Ruler: HH the Ruler of Dubai
The Executive Council: The Executive Council of the Emirate
The Council: The Judicial Council
Department: Land Department
Center: Rent Disputes Settlement Center in Dubai
Committee: Judicial committee formed in the first instance or appeal departments at the Center.
Rent Dispute: A dispute emerging between a landlord and a tenant relating to leasing immovable properties.
Goals of the Decree:
Article (3)

This Decree aims at finding a judicial system specialized in hearing rental disputes, developing the procedures of adjudicating this kind of disputes through a fast and simple mechanism in order to achieve social and economic stability for all those concerned with property leasing and related sectors in order to support the sustainable development of the Emirate.

Scope of Application
Article (4)
1. The provisions of this decree shall apply to the special judicial committee for disputes settlement between landlords and tenants formed pursuant to Decree No. (2) of 1993 referred to hereinabove.
2. The title "The Special Judicial Committee for Disputes Settlement between Landlords and Tenants" shall be replaced by the title "Rental Disputes Settlement Center in Dubai".
Headquarters of the Center
Article (5)

The headquarters of the center shall be at the department. Other offices may be opened in the Emirate.

Competences of the Center
Article (6)
1. The Center shall exclusively carry out the following competences:
a. Settlement of all rental disputes arising between property landlords and tenants in the Emirate or inside the free zones including counterclaims arising from such disputes and the requests to take temporary or summary procedures submitted by any party to the lease contract,
b. Deciding on the appeals filed against the decisions and judgments that may be appealed in accordance with the provisions of this Decree, and the regulations and resolutions issued thereunder.
c. Enforcement of decisions and judgments issued by the Center on the rental disputes falling within its authority.
2. The center shall not hear the following rental disputes:
a. Rental disputes arising inside the free zones that have special judicial committees or courts competent to settle rental disputes arising within their boundaries.
b. Rental disputes arising from finance lease contracts.
c. Disputes arising from long term lease contracts in which are subject to the provisions of law No. (7) of 2006 referred to hereinabove.
The Organization Structure of the Center
Article (7)
1. The organization structure of the Center consists of two sectors, a judicial sector and an administrative sector.
2. The judicial sector consists of the following organizational departments and units:
a. Reconciliation Department
b. First Instance Department
c. Appeal Department
Judgments Execution Department.
3. The administrative sector of the Center consists of a number of structural units mandated to provide technical and administrative support for the judicial sector.
Head of the Center
Article (8)

The center shall be headed by a judge, of a grade not less than an appeal judge, who shall be appointed by a decree to be issued by the Ruler. This judge shall supervise the judicial sector works of the center. He shall, in particular:

1. Supervise the distribution of cases in first instance and appeal departments;
2. Propose the regulations and resolutions that will regulate work at the judicial sector at the Center, including charges and fees of services provided by the Center,
2. Coordinate with all judicial and governmental authorities in all matters pertaining to the center?s work in the judicial sector.
Secretary General of the Center
Article (9)

The Center shall have a secretary general who shall be appointed by a resolution of the general manager of the department. He is to supervise the works of the administrative sector of the Center and any other tasks assigned thereto by the head of the Center.

Department of Reconciliation
Article (10)
1. A department of reconciliation shall be established at the Center that shall conduct amicable settlement of rental disputes in accordance with the controls approved by the head of the Center except the following:
a. Temporary and summary orders, applications, actions.
b. Actions filed prior to the entry into force of this Decree.
2. Department of reconciliation consists of a number of law men and experts appointed by the Department;
3. Rental disputes submitted to the department of reconciliation are heard and solved by a number of specialists under the supervision of a judge seconded for same to work with the Center;
4. Department of reconciliation examines rental disputes presented therebefore by inviting the parties or their representatives; examining the relevant documents, instruments and evidence; suggesting reconciliation and offering compromises in order to reach an amicable settlement of the rental dispute;
5. The legal periods prescribed for not hearing the action and also prescriptions stipulated in applicable laws shall be interrupted from the date of filing the rental dispute before the Reconciliation Department;
6. The Department shall try to settle the rental dispute amicably within a maximum period of (15) fifteen days from the date of the parties? attendance before the department. Such period may extended for a similar period(s) by a decision of the supervising judge;
7. If reconciliation is achieved between rental dispute parties, this shall be documented by a reconciliation agreement signed by the parties and approved by the judge supervising the department of reconciliation. This agreement shall have the power of an executive instrument;
8. Department of Reconciliation may seek the help of whomever it deems suitable of experts and specialized persons to provide their technical expertise in matters proposed before the Department. The decision to engage an expert shall define the mission assigned thereto, the period required for achieving such mission, the expert?s fees and the party charged with such fees ;
9. Charges prescribed for the registration of action shall be collected on the registration of the rental dispute presented to the Department of Reconciliation according to the charges set by the Center. Half of the charges shall be refunded in case an amicable settlement is reached between the parties.
Appointment of Heads and Members of Committees
Article (11)

Heads and members of committees of which first instance and appeal departments are formed shall be appointed by a resolution of the Chairman of the Council.

Taking Oath
Article (12)

Committees' members who are not judges shall take the oath before they begin their duties before the Chairman of the Council with the following wording "I swear by Allah the Glorious that I will judge with justice, respect laws and perform my duty with full honesty and dedication".

First Instance Department
Article (13)
1. First Instance Department consists of a sufficient number of committees; each of them consists of a chairman and two members of experience and competence in legal and real estate fields. These committees are concerned with deciding on rental disputes referred to in Article (6) of this Decree provided that the Chairman of each committee shall be a judge. The Chairman of the Council may appoint a legal expert as the head of any such committee.
2. The head of the Center may dedicate a committee(s) within the first instance department to hear a specific kind of rental disputes subject to the nature of the action, the location of the leased property unit or the nature of its use.
Appeal Department
Article (14)

An appeal department consists of a sufficient number of committees; each of them consists of a Chairman and two members of experience and competence in the real estate field provided that the chairman of each committee is a judge. These committees shall be concerned with deciding on the appeals submitted against decisions and judgments issued by the First Instance Department. The judgments of the Appeal Department shall be final and unchallengeable by any means of challenge. They shall be executed according to the procedures and rules adopted by the Center.

Meetings of Committees
Article (15)

Meetings of committees shall be valid with the presence of all their members and they shall issue their resolutions and judgments unanimously or by majority in the name of the Ruler.

Deciding on Actions
Article (16)

The committees formed pursuant to the provisions of this decree shall decide on the rental actions referred thereto within a period not exceeding (30) thirty days from the date of referral of the action file. This period may be extended for other periods subject to the controls and procedures approved by the Chairman of the Council in this regard.

Appealing the Judgments of the First Instance Department
Article (17)
1. Judgments of the First Instance Department shall be appealed before the Appeal Department except for judgments issued in rental claims actions that are less than (AED 100,000) one hundred thousand Dirhams which will be final and unchallengeable by any means of challenge.
2. Judgments issued by the First Instance Department, which are less than the amount referred to in Para (A) of this article, may be appealed in any of the following cases:
a. If an eviction judgment is issued;
b. If a judgment is issued in violation of the jurisdiction rules;
c. If a judgment is issued with something not requested by the parties, or with more than what they requested or it disregarded some requests;
d. If a judgment is issued against a person who has not been correctly represented in the action or there was a nullity in the service thereupon;
e. If a judgment is based on papers or documents which were declared to be forgeries after the judgment was issued or a judgment of their forgery was issued or the judgment was based on a testimony that was judged as a false testimony after the judgment was issued; and
f. If a party to the lease hides data or documents from the First Instance Department that would have changed the judgment on the action.
Time to Appeal Judgments
Article (18)
1. The time to appeal judgments issued by the First Instance Department shall be (15) fifteen days from the day following the issuance of the judgment. If the convicted person was not present in all the sessions and doesn?t provide a defense briefing, the time to appeal will start on the date of serving the judgment thereupon.
2. In order for the appeal against the judgment of the First Instance Department concerning financial claims actions to be accepted, the convicted person shall deposit half the amount judged at the Center until the appeal is decided. However, the head of the center may decide to accept an appeal without depositing such amount or after collecting a percentage thereof.
Applicable Sources
Article (19)

Committees shall decide on the rental disputes and appeals presented thereto based on:

1. Statutes applicable in the Emirate;
2. Islamic Sharia ;
2. Principles of natural justice, rules of rightness and fainess; and
2. Traditions except what violates the laws, public order or public morals
Work Procedures of the Center
Article (20)

Chairman of the Council shall issue the system of procedures and rules that shall be followed in the Center in all matters relating to the registration of actions, requests, judgments and execution of judgments at the First Instance Department, the Appeal Department, the Reconciliation Department or the Execution Department. Until that system is issued, the Center may take guidance from the provisions stipulated in Rules of Procedure applicable in judicial committees and pertaining to deciding on disputes between landlords and tenants.

Execution of Judicial Judgments
Article (21)

All final judgments issued by first instance and appeal departments shall be executed by the Execution Department affiliated to the Center. The head of the Center may use the Execution Department of Dubai Courts to execute the judgments issued by the Center.

Appeal of Decisions and Judgments issued before the Entry Into Force of The Decree
Article (22)

Without prejudice to the provisions of Article (17) hereof, decisions and judgments which were not executed on the date of entry into force of this Decree may be appealed within (30) thirty days from the date of entry into force of this decree.

Charges
Article (23)
1. The Center shall collect the charges determined by a resolution of the Chairman of the Executive Council for the registration of actions and requests presented thereto and all the other services provided by the center.
2. Charges stipulated in the local Order No.(1) of 2004 referred to above shall remain in force until the resolution of the Executive Council referred to in Para (A) of this article is issued.
Remuneration of the Committees Members
Article (24)

The Chairman of the Council shall issue a system concerning the remuneration that may be disbursed to heads and members of committees.

Automation and the Use of Technology
Article (25)

Works at the center shall be automated at both the judicial and administrative sectors in a way that ensures the simplicity of procedures and speedy adjudication on rental disputes.

Supporting the Center
Article (26)

The Department shall provide all what the Center needs in the manner that enables the Center to perform the competences assigned thereto pursuant to this Decree including in terms of headquarters and financial, administrative and technical support.

Financial Resources of the Center
Article (27)

Financial resources of the Center consist of the following:

1. Support decided for the Center in the Department?s budget,
2. Charges and service fees charged by the Center for actions, requests, transactions and services provided thereby.
Transitional Provisions
Article (28)
1. The Center shall hear and decide on all actions and requestes heard before the judicial committee authorized to settle disputes between landlords and tenants at the time of coming into force of this Decree unless they are held for a judgment.
2. All employees of the judicial committee to settle disputes between landlords and tenants shall be transferred to the Department on the effective date of this Decree without prejudice to their acquired rights and the Law or Human Resources Management of Dubai Government No. (27) of 2006 as amended shall apply to them.
Repeals
Article (29)
1. This Decree shall substitute law No. (15) of 2009 pertaining to hearing rental disputes inside the free zones and Decree No. (2) of 1993 pertaining to the judicial committee to settle disputes between landlords and tenants.
2. Any text in any other legislation that contradicts with the provisions of this Decree shall be repealed.
Executive Resolutions Issuance
Article (30)

The Chairman of the Council shall issue the resolutions necessary to implement the provisions of this Decree.

Publication and Entry into Force
Article (31)

This Decree shall be published in the Official Gazette and shall enter into force sixty days after its publication date.


Mohammed bin Rashid Al Maktoum,

Ruler of Dubai

Issued on: 18 September 2013AD

Corresponding to: 13 Dhul Qa?da 1434H


Rera Laws Pertaining To Rental Property

  • RERA Law 26 of 2007 This law regulates the relationship between Landlords and Tenants in Dubai
  • RERA Law 33 of 2008 This law is amending some provisions of RERA Law No. 26 of 2007 - Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai
  • RERA Law 43 of 2013 This law determines the Rent Increases for Real Property in Dubai
  • RERA Decree 26 of 2013 This law concerns the establishment and arrangement of the Rent Disputes Settlement Centre in the Dubai

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