New Abu Dhabi Tenancy Decision: What You Need to Know

The Chairman of the Abu Dhabi Judicial Department, H.H Mansour Bin Zayed Al Nahyan issued Decision No.25 (the “Decision”) on the 27^th of September 2018 to regulate tenancy committees, disputes and procedures in the Emirate.

The purpose of the Decision is to expedite tenancy dispute proceedings and to provide speedy resolutions:

1. Under the Decision, the scope of the newly structured tenancy committees is to resolve expeditiously disputes relating to local tenancies.
2. An expert can be appointed by the tenancy committee to provide his opinion verbally (without the need to issue a written report).
3. The committees may hold their hearings at night time, if required.
4. Final orders issued by the committees are enforceable, under the supervision of the execution court.
5. In case there are any calculation or material mistakes in the order, the committee may automatically (or upon demand) make the relevant revisions, which will be subsequently issued, either in writing or electronically.
6. In certain cases of non-compliance by the tenant in relation to his contractual and legal obligations, the landlord may file a petition to the judge to issue an order for inspection of the premises. The judge’s order can be issued the next day, either in writing or electronically, and executed by the competent authorities, without the possibility of objection.
7. The Decision classifies tenancy contracts (duly registered at the Abu Dhabi Municipality) as enforceable deeds in cases of delayed payments; it may also be possible to enforce them in cases of evacuation and hand over of the leased premises, provided the regulatory time restrictions are met.

The Decision states that it will become effective two weeks after its issuance and publication in the Official Gazette. With that in mind, it is not unreasonable to anticipate that the Decision will have an impact on the internal judicial case management, and more importantly on Abu Dhabi landlords and tenants and the changes it will bring to their situations, due to the reduction of case processing time and formalities.