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
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
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of
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,
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
This decree is called "Decree Concerning Rent Disputes Settlement
Center in the Emirate of Dubai No. (26) of 2013".
The following words and expressions shall bear the meanings assigned
thereto respectively wherever they appear in this Decree unless the
context indicates otherwise:
Emirate of Dubai.
HH the Ruler of Dubai
The Executive Council:
The Executive Council of the Emirate
The Judicial Council
Rent Disputes Settlement Center in Dubai
Judicial committee formed in the first instance or appeal
departments at the Center.
A dispute emerging between a landlord and a tenant
relating to leasing immovable properties.
Goals of the Decree:
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
Scope of Application
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.
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
The headquarters of the center shall be at the department. Other offices
may be opened in the Emirate.
Competences of the Center
The Center shall exclusively carry out the following competences:
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
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.
Enforcement of decisions and judgments issued by the Center on
the rental disputes falling within its authority.
The center shall not hear the following rental disputes:
Rental disputes arising inside the free zones that have special
judicial committees or courts competent to settle rental disputes
arising within their boundaries.
Rental disputes arising from finance lease contracts.
Disputes arising from long term lease contracts in which are
subject to the provisions of law No. (7) of 2006 referred to
The Organization Structure of the Center
The organization structure of the Center consists of two sectors, a
judicial sector and an administrative sector.
The judicial sector consists of the following organizational
departments and units:
First Instance Department
Judgments Execution Department.
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
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
Supervise the distribution of cases in first instance and appeal
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,
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
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
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
Temporary and summary orders, applications, actions.
Actions filed prior to the entry into force of this Decree.
Department of reconciliation consists of a number of law men and
experts appointed by the Department;
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;
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;
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
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;
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;
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 ;
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
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.
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
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.
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.
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
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
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
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.
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:
If an eviction judgment is issued;
If a judgment is issued in violation of the jurisdiction rules;
If a judgment is issued with something not requested by the
parties, or with more than what they requested or it disregarded
If a judgment is issued against a person who has not been
correctly represented in the action or there was a nullity in the
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
If a party to the lease hides data or documents from the First
Instance Department that would have changed the judgment on
Time to Appeal Judgments
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.
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.
Committees shall decide on the rental disputes and appeals presented
thereto based on:
Statutes applicable in the Emirate;
Islamic Sharia ;
Principles of natural justice, rules of rightness and fainess; and
Traditions except what violates the laws, public order or public
Work Procedures of the Center
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
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
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.
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
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
The Chairman of the Council shall issue a system concerning the
remuneration that may be disbursed to heads and members of
Automation and the Use of Technology
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
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
Financial resources of the Center consist of the following:
Support decided for the Center in the Department?s budget,
Charges and service fees charged by the Center for actions,
requests, transactions and services provided thereby.
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.
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.
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.
Any text in any other legislation that contradicts with the provisions of
this Decree shall be repealed.
Executive Resolutions Issuance
The Chairman of the Council shall issue the resolutions necessary to
implement the provisions of this Decree.
Publication and Entry into Force
This Decree shall be published in the Official Gazette and shall enter into
force sixty days after its publication date.