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New amendments likely in Kuwait's real estate law

KUWAIT CITY, June 3, 2020

Kuwait's parliamentary legislative committee will discuss four amendments to proposals for laws related to amending some provisions of Decree Law 35/278 regarding real estate leasing, reported Arab Times.
 
MP Khaled Al Shatti who presented one of the proposals, said “I submitted the proposal by law in the matter of amending some provisions of Decree Law No. 35 of 1978 in the matter of renting of real estate.”
 
It specialises in looking into disputes related to rents, whatever their value, and the compensation arising from those disputes. 
 
Al Shatti has proposed adding a new article number (26) intto this Real Estate Tenancy Law, which states that: In cases where the cabinet decides to suspend or stop work in public service of the state in order to protect public peace or health security of the public, which is required by the supreme interest of the country the period of delay or suspension shall not be counted as part of the mandatory or procedural deadlines stipulated in this law, provided that it is resumed from the day appointed by the Council of Ministers to return to work, and the amendment takes effect retroactively from 12/3/2020.
 
In an explanatory note of the proposal of a law in the matter of amending some provisions of Decree Law No. 35 of 1978, the lease contract is considered one of the most important contracts that regulate transactions between its parties, stated the report.
 
Other legislation’s have taken care of it since past but due to the increase in real estate and large number of contractors a need has come due to increase in the number disputes concerning lease contracts which necessitates in keeping pace with the legislation for new events and developments, it added.
 
Al Shatti pointed out that it was important for the legislator to initiate amendments as required as per the circumstances and conditions synchronized so that the legislation remains conducive to its basic message and to ensure justice between people, said the Arab Times report.
 
The general rules for legal deadlines stipulated in the Real Estate Tenancy Law have been lacking in preserving the rights of individuals in the event of disasters, crises, epidemics, or any compulsive impediment such as wars, emergencies, natural disasters, crises and turmoil, by stopping and resuming appointments related to payment fare, deposit, or litigation procedures after the end of those crises or natural disasters, and this amendment has come with the mentioned dates, the law referred to by adding Article 26 and its effect retroactively from 12/3/2020, stated the official.
 
Hence, the need to review the article (26) of the Real Estate Tenancy Law, with the rent department of the court by a judge who is competent to consider rent disputes, whatever their value, compensation arising from them and eviction suits, he added.



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