Explanatory
Notes on
Article
(34) of Law No. (26) of 2007 Regulating the Relationship between Landlords and
Tenants in the Emirate of Dubai (as amended):
Interpretation
of “Cessation of Interference with Quiet Enjoyment” and “Documenting
Interference” [1]
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In
exercise of the functions vested in the General Secretariat of the Supreme
Legislation Committee in the Emirate of Dubai (the "General Secretariat")
under Law No. (14) of 2024 to issue and publish explanatory notes on local
legislation in force in the Emirate of Dubai, in accordance with the rules and
conditions governing legislative interpretation adopted by the General
Secretariat, and with reference to the request submitted to it by the Dubai
Police to clarify the meaning of the expressions "Cessation of
Interference with Quiet Enjoyment" and "Documenting
Interference" as appearing in Article (34) of Law No. (26) of 2007
Regulating the Relationship between Landlords and Tenants in the Emirate of
Dubai, as amended, (the “Dubai Tenancy Law”) and to specify the measures
which the Dubai Police may take to secure cessation of interference with quiet
enjoyment, the General Secretariat hereby provides the following interpretation
of the expressions “Cessation of Interference with Quiet Enjoyment” and
“Documenting Interference”, in light of the provisions of the Dubai Tenancy
Law, together with the measures required to be followed by the Dubai Police in
this regard:
On
26 November 2007, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice
President and Prime Minister of the United Arab Emirates, in his capacity as
Ruler of Dubai, issued Law No. (26) of 2007 Regulating the Relationship between
Landlords and Tenants in the Emirate of Dubai. The Law came into force sixty
(60) days after its publication in the Official Gazette of the Government of
Dubai and was subsequently amended by Law No. (33) of 2008.
The
Dubai Tenancy Law was enacted to establish a modern and balanced legal
framework governing tenancy relationships relating to Real Property in the
Emirate of Dubai, with a view to:
1.
ensuring the stability of tenancy
transactions in the Emirate of Dubai;
2.
protecting the rights of the parties
to the tenancy relationship;
3.
clearly and expressly defining the
obligations of the parties to the tenancy relationship in the Emirate of Dubai;
4.
regulating the Real Property rental
market in the Emirate of Dubai and preventing abuse by either party to the
detriment of the other; and
5.
providing a specialised and
expeditious judicial mechanism for the resolution of tenancy disputes.
Article (34) of the Dubai Tenancy Law
provides: "A Landlord is prohibited from disconnecting
services from the Real Property or otherwise interfering, in any manner
whatsoever, with the Tenant’s enjoyment of the Real Property.
Should this happen, the Tenant may have recourse
to the police station within whose territorial jurisdiction the Real Property
is situated in order to seek cessation of the interference or to request the
creation of a police record documenting the interference. The Tenant may also
have recourse to the Tribunal by filing a claim supported by official reports
proving the occurrence of the interference, for the purpose of obtaining
compensation for any damage suffered."
Upon thorough examination of
Article (34), it becomes evident that the legislative intent is to achieve the
following objectives:
1.
to protect the Tenant from any
arbitrary or abusive practices on the part of the Landlord that impede or
prevent the Tenant from enjoying the leased Real Property;
2.
to ensure the Tenant’s continued
enjoyment of the leased Real Property in accordance with the Lease Contract;
and
3.
to make the Tenant’s entitlement to
compensation contingent upon the existence of official reports documenting the
occurrence of interference by the Landlord.
A linguistic and literal analysis of the
wording of Article (34) yields the following conclusions:
1.
In the provision ‘A Landlord is
prohibited from disconnecting services from the Real Property’, the expression
‘is prohibited’ is in the passive present-tense form, denoting a strict and
categorical legal prohibition imposed upon the Landlord. The term
"Landlord" refers to any natural or legal person who holds the right
to lease the Real Property, whether as the owner of the Real Property or as a
person entitled to lease it by law or by agreement. The expression 'disconnect
services from the Real Property' denotes the denial of essential services,
including electricity, water, air‑conditioning, maintenance, and other
such services.
2.
In ‘or otherwise interfering, in any
manner whatsoever, with the Tenant’s enjoyment of the Real Property’, the
expression ‘interfering with the Tenant’ encompasses any act, omission, or
conduct by the Landlord that impairs the Tenant's customary enjoyment of the
leased Real Property. The phrase 'in any manner whatsoever' encompasses all
forms of interference, whether direct or indirect, including direct interference
such as disconnecting services from, or preventing the Tenant from entering,
the leased Real Property; and indirect interference such as threats,
harassment, or the placement of barriers. The phrase ‘so as to prevent
enjoyment of the leased Real Property’ covers all acts of the Landlord,
irrespective of the means employed, that have the effect of preventing the
Tenant from enjoying the leased Real Property, in whole or in part.
3.
In the sentence 'Should this happen,
the Tenant may have recourse to the police station within whose territorial
jurisdiction the Real Property is situated', the clause 'should this happen'
confers upon the Tenant the legal right, upon the occurrence of any
disconnection of services or any interference by the Landlord that prevents
enjoyment of the leased Real Property, to have recourse to the competent police
station. The expression ‘have recourse to the police station’ means requesting
intervention from the official security authorities to stop the direct or
indirect interference to which the Tenant is subjected by the Landlord. The
clause "Within whose territorial jurisdiction the Real Property is
situated" refers to the police station having territorial jurisdiction
over the area in which the leased Real Property is located.
4.
The phrase 'to seek cessation of the
interference' means requesting police intervention to require the Landlord to
cease any act that impedes enjoyment of the Real Property and to restore
matters to the position prevailing prior to the interference. 'Documenting the
interference' means creating an official record of the interference incident,
including any damage sustained by the leased Real Property or harm suffered by
the Tenant, for later submission as evidence before the competent judicial
bodies.
5.
The term 'Tribunal' in 'and may also
have recourse to the Tribunal by filing a claim supported by official reports
proving the occurrence of the interference' refers to the Rental Disputes
Settlement Centre established pursuant to Decree No. (26) of 2013, which
replaced the former Special Tribunal to Determine Disputes between Landlords
and Tenants. The phrase 'by filing a claim supported by official reports
proving the occurrence of the interference’ means filing a claim before the
Rental Disputes Settlement Centre seeking compensation for losses incurred and
profits lost resulting from the Landlord's interference, provided that such
claim is supported by police reports or other official documents proving the
Landlord's interference.
6.
The wording 'for the purpose of
obtaining compensation for any damage suffered' refers to the Tenant's legal
right to claim monetary compensation for damage resulting from the Landlord's
interference. The reference to ‘any damage suffered’ includes both material
damage, such as damage to property, and non‑material damage suffered by
the Tenant, arising from disturbance or loss of use.
In
light of the foregoing, under Article (34) of the Tenancy Law, as amended, a
Landlord is prohibited from directly or indirectly engaging in any
conduct that interferes with the Tenant's use and enjoyment of the leased Real
Property. The Article further entitles the Tenant to pursue two legal avenues,
namely immediate recourse to the police to secure cessation of the interference
and to evidence it by way of an official record, and subsequent recourse to the
Rental Disputes Settlement Centre by bringing a claim for compensation
supported by official reports or records issued by the police or by any other
competent governmental authority.
Based
on the interpretation of the expressions 'cessation of the interference' and
'proving the interference' as set out above, a number of measures are
required to be taken by the Dubai Police where the Landlord engages in conduct
that interferes with the Tenant's enjoyment of the leased Real Property. These
measures vary according to the form of interference and the nature of the
action requested by the Tenant of the Dubai Police, as set out in the table
below:
|
SN |
Form of Interference |
Legal Action Available
to Tenants |
Legal Action Required
of the Dubai Police |
|
1 |
Disconnection
of essential services (electricity, water, air‑conditioning, sewage,
and similar services) |
Immediately
notify the competent police station of the disconnection of services; request
police intervention to restore disconnected essential services; obtain a copy
of the official police report for submission to the Rental Disputes
Settlement Centre in support of a compensation claim |
1.
Immediately
intervene to restore the services and issue a formal notice requiring the
Landlord to restore the services 2.
Document
the incident in an official police report and provide the Tenant with a copy |
|
2 |
Obstruction of access
to the leased Real Property or any part thereof |
Request police
intervention to remove barriers or obstructions; obtain an official police
report detailing the obstruction of access |
1.
Require
the Landlord to remove physical barriers or locks to ensure the Tenant’s free
access to the leased Real Property or any part thereof 2.
Document
the incident in an official police report and provide the Tenant with a copy |
|
3 |
Threats or harassment
intended to compel the Tenant to vacate |
Give a formal statement to the police
supported with evidence (witness statements, audio recordings, or video
recordings) to cease the threats or harassment |
1.
Require
the Landlord to cease threats or harassment immediately 2.
Document
the threats or harassment and refer the Landlord to the competent judicial
authorities where required |
|
4 |
Physical
alterations impeding enjoyment of the leased Real Property |
Request the
police to document the incident in preparation for a compensation claim |
1.
Inspect
the leased Real Property 2.
Require
the Landlord to remove the alterations where possible 3.
Document
the damage in an official police report and provide the Tenant with a copy |
|
5 |
Obstruction of the Tenant’s use of
essential facilities stipulated in the Lease Contract |
Request the police to secure
cessation of the interference with the use of essential facilities within the
Real Property and obtain an official police report in preparation for filing
a compensation claim |
1.
Require
the Landlord to enable the Tenant to use the facilities of the leased Real
Property 2.
Document
the incident in an official police report and provide the Tenant with a copy |
|
6 |
Any other act or omission which
constitutes interference with the Tenant’s enjoyment of the leased Real
Property |
Request the police to secure
cessation of the interference and obtain a copy of the official police report
for the purpose of claiming compensation |
1.
Immediately
intervene to stop the unlawful conduct 2.
Document
the incident in an official police report specifying the nature, timing, and
consequences of the interference |
The
table above illustrates that the practical measures required of the Dubai
Police under Article (34) of the Tenancy Law, as amended, comprise the
following:
1.
Receipt by the police station having
territorial jurisdiction over the leased Real Property of the report submitted
by the Tenant;
2.
Verification of the accuracy of the
information contained in the Tenant’s report, including inspection of the
leased Real Property where required;
3.
Identification of the form of the
interference, requiring the Landlord to cease the interference immediately, and
initiating prosecution against the Landlord where warranted;
4.
Preparation of an official police
report documenting the occurrence of the interference, without requiring the
Tenant to obtain a decision from the urgent matters judge at the Rental
Disputes Settlement Centre. The report must state the details of the
interference, the person responsible, the place and time of its occurrence, and
any other information deemed appropriate by the Dubai Police; and
5.
Referral of the Landlord to the
competent judicial authorities, where the circumstances so require.
©2026
The Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.