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Rental Disputes Settlement Centre in the Emirate of Dubai
Number: Decree No. (26) of 2013 Issued On: 18 September 2013 Type: Decree Law

Decree No. (26) of 2013
Concerning the
Rental Disputes Settlement Centre in the Emirate of Dubai
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its
amendments;
Federal Law No. (11) of 1992 Issuing the Civil Procedures Code and its amendments;
Law No. (3) of 1992 Establishing the Dubai Courts and its amendments;
Law No. (6) of 1992 Establishing the Judicial Council and its amendments;
Law No. (2) of 2003 Concerning the Profession of Renting and Leasing Real 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;
Law No. (27) of 2006 Concerning Management of the Government of Dubai Human
Resources and its amendments;
Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the
Emirate of Dubai and its amendments;
Law No. (15) of 2009 Concerning Hearing Rental Disputes in Free Zones;
Decree No. (2) of 1993 Forming a Special Tribunal to Determine Disputes between Landlords
and Tenants and its amendments;
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai and its amendments; and
Local Order No. (1) of 2004 Concerning the Fees of the Rent Tribunal in the Emirate of
Dubai,
Do hereby issue this Decree.


Title of the Decree


Article (1)
This Decree shall be cited as “Decree No. (26) of 2013 Concerning the Rental Disputes
Settlement Centre in the Emirate of Dubai”.


Definitions


Article (2)
The following words and expressions, wherever mentioned in this Decree, shall have the
meaning indicated opposite each of them unless the context implies otherwise:
Emirate : The Emirate of Dubai.
Ruler : His Highness the Ruler of Dubai.
Executive Council : The Executive Council of the Emirate of Dubai.
Council : The Judicial Council.
DLD : The Land Department.
RDSC : The Rental Disputes Settlement Centre in the Emirate.
Tribunal : The tribunal formed at the First Instance Division or Appellate
Division of the RDSC.
Rental Dispute : A dispute that arises between a Landlord and a Tenant in
relation to leasing or renting immovable property.
Objectives of the Decree


Article (3)
With a view to supporting sustainable development in the Emirate, this Decree aims
to establish a specialised judicial system to hear Rental Disputes, and to develop the
procedure for determination of such disputes through an expeditious and simple process
for the purpose of realising social and economic stability for all Persons engaged in the
Real Property rental sector and other related sectors.


Scope of Application


Article (4)
a. The provisions of this Decree shall apply to the Special Tribunal to Determine Disputes
between Landlords and Tenants formed pursuant to the above-mentioned Decree No.
(2) of 1993.
b. The name “Special Tribunal to Determine Disputes between Landlords and Tenants”
is hereby replaced by the name “Rental Disputes Settlement Centre in the Emirate of
Dubai”.

Head Office of the RDSC


Article (5)
The RDSC shall have its head office in the DLD, and may establish other offices in the
Emirate.


Jurisdiction of the RDSC


Article (6)
a. The RDSC shall have the exclusive jurisdiction to:
1. determine all Rental Disputes that arise between Landlords and Tenants of Real
Property situated in the Emirate, including in free zones, and counterclaims arising
therefrom, as well as determine applications for interim or urgent relief filed by any
of the parties to a Lease Contract;
2. determine appeals from the decisions and judgments that are subject to appeal in
accordance with the provisions of this Decree and the regulations and resolutions
issued in pursuance hereof; and
3. enforce the decisions and judgments issued by the RDSC in the Rental Disputes
that fall within its jurisdiction.
b. The RDSC shall have no jurisdiction to hear the following Rental Disputes:
1. Rental Disputes that arise within the free zones which have tribunals or special
courts having jurisdiction to determine the Rental Disputes that arise within their
boundaries;
2. Rental Disputes that arise from a lease finance contract; and
3. disputes that arise from long-term Lease Contracts governed by the above-
mentioned Law No. (7) of 2006.


Organisational Structure of the RDSC


Article (7)
a. The organisational structure of the RDSC shall consist of two (2) sectors: a judicial
sector and an administrative sector.
b. The judicial sector shall comprise the following divisions and organisational units:
1. the Mediation and Conciliation Directorate;
2. the First Instance Division;
3. the Appellate Division; and
4. the Judgment Enforcement Directorate.
c. The administrative sector of the RDSC shall comprise a number of organisational units
charged with the duty of providing technical and administrative support to the judicial
sector.


Chairman of the RDSC


Article (8)
A chairman, who must be a judge whose grade is not lower than the grade of an appellate
court judge, shall be appointed to the RDSC pursuant to a decree issued by the Ruler. The
chairman shall undertake the supervision of the judicial sector of the RDSC and shall, in
particular:
1. supervise the distribution of claims at the First Instance Division and the Appellate
Division;
2. propose the regulations and resolutions for the purpose of regulating work in the
judicial sector of the RDSC, including the fees and the charges for services provided
by the RDSC; and
3. coordinate with all judicial and government entities with respect to all matters
relating to the work of the RDSC in the judicial sector.


Secretary General of the RDSC


Article (9)
A secretary general shall be appointed to the RDSC pursuant to a resolution issued by the
Director General of the DLD to undertake the supervision of the administrative sector of
the RDSC and any other duties assigned or delegated to him by the chairman of the RDSC.
Mediation and Conciliation Directorate


Article (10)
a. A Mediation and Conciliation Directorate shall be established in the RDSC with the
power to amicably settle Rental Disputes in accordance with the rules adopted in this
respect by the chairman of the RDSC, with the exception of the following:
1. orders, applications, and claims which are urgent or interim; and
2. claims that have been registered before the effective date of this Decree.
b. The Mediation and Conciliation Directorate shall be comprised of a number of legal
practitioners and experts to be appointed by the DLD.
c. Rental Disputes submitted to the Mediation and Conciliation Directorate shall be
heard and settled by a number of specialists working under the supervision of a judge
seconded to work with the RDSC for this purpose.
d. The Mediation and Conciliation Directorate shall hear a Rent Dispute submitted to
it by summoning the parties or their representatives, reviewing the documents and
related evidence, proposing a settlement to the parties, and reconciling their points of
view for the purpose of reaching amicable settlement of the Rent Dispute.
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e. The time bar periods and limitation periods stipulated by the legislation in force shall
be suspended from the date of registering the Rent Dispute with the Mediation and
Conciliation Directorate.
f. The Mediation and Conciliation Directorate shall seek to amicably settle the Rent
Dispute within a period not exceeding fifteen (15) days from the date of appearance of
the parties before it. This period may be extended for the same period or periods by a
decision of the judge supervising the Mediation and Conciliation Directorate.
g. Where settlement between the parties to the Rent Dispute is reached, this settlement
shall be documented in a settlement agreement signed by the parties and approved
by the judge supervising the Mediation and Conciliation Directorate. This agreement
shall have the force of a writ of execution.
h. The Mediation and Conciliation Directorate may, as it deems appropriate, seek
assistance from experts and specialists to provide technical expertise in the matters
submitted to it. The decision to seek assistance from an expert shall specify the
scope of his assignment, the period required for completion of this assignment, his
remuneration, and the party responsible for payment of that remuneration.
i. A fee shall be charged for the registration of a Rent Dispute submitted to the Mediation
and Conciliation Directorate in accordance with the fees prescribed for the registration
of claims by the RDSC. One-half of the fee shall be refunded if amicable settlement is
reached between the parties to the Rent Dispute.


Appointment of Chairs and Members of Tribunals


Article (11)
The chairs and members of the Tribunals that constitute the First Instance Division and
Appellate Division shall be appointed pursuant to a resolution of the Chairman of the
Council.


Taking the Oath


Article (12)
Before assuming their duties, members of Tribunals who are not judges shall take the
following oath before the Chairman of the Council: “I swear by Allah the Almighty that
I shall administer justice, respect the laws, and discharge my duties with integrity and
honesty”.


First Instance Division


Article (13)
a. The First Instance Division shall be comprised of a sufficient number of Tribunals,
each of which is formed of a chair and two (2) competent and experienced members
specialised in law and Real Property. These Tribunals shall have the jurisdiction to
determine the Rental Disputes referred to in Article (6) of this Decree. The chair of each
Tribunal must be a judge, but the Chairman of the Council may appoint an experienced
and specialised legal practitioner as the chair of any of these Tribunals.
b. The chairman of the RDSC may designate one or more Tribunals within the First
Instance Division to hear certain types of Rental Disputes depending on the nature of
claims, or the location or nature of use of leased Real Property Units.


Appellate Division


Article (14)
The Appellate Division shall be comprised of a sufficient number of Tribunals, each
of which is formed of two (2) judges and one (1) person known for his experience and
expertise in Real Property. The chair of each Tribunal must be a judge. These Tribunals shall
have jurisdiction to determine the appeals from decisions and judgments issued by the
First Instance Division. Judgments of the Appellate Division shall be final and not subject
to any form of appeal, and shall be enforced in accordance with the procedures and rules
adopted by the RDSC.


Meetings of Tribunals


Article (15)
Meetings of Tribunals shall be valid if attended by all their members, and their decisions
and judgments shall be issued in the name of the Ruler, unanimously or by majority vote.


Determining Claims


Article (16)

The Tribunals formed under the provisions of this Decree must determine the rental claims
referred to them within a period not exceeding thirty (30) days from the date of referral
of the claim file to them. This period may be extended for the same period in accordance
with the rules and procedures adopted in this respect by the Chairman of the Council.

Appeals from Judgments of the First Instance Division


Article (17)
a. Judgments of the First Instance Division shall be appealed to the Appellate Division,
with the exception of judgments issued in rental claims whose value is less than one
hundred thousand Dirhams (AED 100,000.00), which shall be final and not subject to
any form of appeal.
b. Judgments issued by the First Instance Division in claims whose value is less than
the amount mentioned in paragraph (a) of this Article may be appealed in any of the
following cases:
1. where an eviction judgment is issued;
2. where the judgment is issued in breach of the rules of jurisdiction;
3. where the judgment grants relief that has not been requested by the parties or
that exceeds what they have requested, or where the judgment fails to address any
requests made by the parties;
4. where the judgment is issued against a Person who was not duly represented in
the claim, or where the service of the relevant summons was invalid;
5. where the judgment is based on documents which are acknowledged as or judicially
declared to be false after the judgment has been issued, or where the judgment is
based upon a testimony that is judicially declared to be false after the judgment
has been issued; or
6. where a party to a contract conceals from the First Instance Division evidence or
documents that would have changed the judgment.


Time Limit for Appeal of Judgments


Article (18)
a. The time limit for appeal of a judgment issued by the First Instance Division is fifteen
(15) days from the day following the date of the hearing in which the judgment was
issued. Where the party against whom the judgment is issued has failed to appear in
all hearings of the claim and failed to submit a statement of defence, the time limit for
appeal shall commence from the date on which he is served with the judgment.
b. To admit an appeal of a judgment issued by the First Instance Division in respect of
financial claims, the judgment debtor must deposit half of the judgment amount with
the RDSC until the appeal is determined. Notwithstanding the foregoing, the chairman
of the RDSC may decide to admit the appeal without the deposit of that amount or
upon payment of a part thereof.


Applicable Sources


Article (19)
Tribunals shall determine the Rental Disputes and appeals submitted to them by reference
to:
1. the legislation in force in the Emirate;
2. the provisions of Islamic Sharia;
3. the principles of natural justice, equity, and fairness; and
4. custom, provided that such custom does not contradict the laws, public order, or public
morals.


Operating Procedures of the RDSC


Article (20)
The Chairman of the Council shall issue regulations concerning the procedures and rules
to be adopted by the RDSC in all matters relating to the registration, determination,
and enforcement of claims and applications by the First Instance Division, the Appellate
Division, the Mediation and Conciliation Directorate, or the Judgment Enforcement
Directorate. Until these regulations are issued, the RDSC may be guided by the provisions
of the procedural rules adopted by the Special Tribunal to Determine Disputes between
Landlords and Tenants.


Enforcement of Judicial Judgments


Article (21)
All final and irrevocable judgments issued by the First Instance Division and the Appellate
Division shall be enforced by the Judgment Enforcement Directorate of the RDSC. The
chairman of the RDSC may seek assistance from the Enforcement Department of the
Dubai Courts to enforce the judgments issued by the RDSC.


Appeals from Decisions and Judgments
Issued before the Effective Date of this Decree


Article (22)
Subject to the provisions of Article (17) of this Decree, the decisions and judgments that
were not enforced before the effective date of this Decree may be appealed within thirty
(30) days from that effective date.

Fees


Article (23)
a. In return for registering the claims and applications submitted to the RDSC and other
services provided by it, the RDSC shall collect the fees determined pursuant to the
relevant resolution of the Chairman of the Executive Council.
b. The fees stipulated in the above-mentioned Local Order No. (1) of 2004 shall continue
to apply until the Executive Council resolution referred to in paragraph (a) of this
Article is issued.


Remuneration of the Members of Tribunals


Article (24)
The Chairman of the Council shall issue regulations concerning the financial remuneration
that may be paid to chairs and members of Tribunals.


Automation and Use of Technology


Article (25)
The work of the RDSC, in the judicial and administrative sectors, shall be automated to
ensure simplification of procedure and expeditious determination of Rental Disputes.


Providing Support to the RDSC


Article (26)
The DLD shall provide all necessary support to the RDSC to enable it to perform the
functions assigned to it pursuant to this Decree, including providing office premises and
administrative, financial, and technical support.


Financial Resources of the RDSC


Article (27)
The financial resources of the RDSC shall consist of:
1. the support allocated to the RDSC in the budget of the DLD; and
2. the fees and charges for the services collected by the RDSC with respect to claims,
applications, transactions, and services provided by the RDSC.


Transitional Provisions


Article (28)
a. Except for cases reserved for judgment, the RDSC shall hear and determine all claims
and applications being heard by the effective date of this Decree by the Special Tribunal
to Determine Disputes between Landlords and Tenants. These claims and applications
shall be referred to the RDSC in their current state.
b. All Employees of the Special Tribunal to Determine Disputes between Landlords and
Tenants shall be transferred to the DLD as of the effective date of this Decree without
prejudice to their existing rights. Law No. (27) of 2006 Concerning Management of
the Government of Dubai Human Resources and its amendments shall apply to these
Employees.


Repeals


Article (29)
a. This Decree supersedes Law No. (15) of 2009 Concerning Hearing Rental Disputes in
Free Zones and Decree No. (2) of 1993 Forming a Special Tribunal to Determine Disputes
between Landlords and Tenants.
b. Any provision in any other legislation shall be repealed to the extent that it contradicts
the provisions of this Decree.


Issuing Implementing Resolutions


Article (30)
The Chairman of the Council shall issue the resolutions required for the implementation
of the provisions of this Decree.


Publication and Commencement


Article (31)
This Decree shall be published in the Official Gazette and shall come into force sixty (60)
days after the date of its publication.


Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 18 September 2013
Corresponding to 13 Thu al-Qidah 1434 A.H