New decree law changes Kuwait’s property rental regulations

KUWAIT, September 14: Decree No. 95 of 2024, amending Decree No. 35 of 1978 on real estate rental, has been passed.

Key fixes

According to the law for Article 11: Landlords and tenants may mutually agree to formalize a lease agreement, making it an enforceable instrument for the collection of arrears of rent, provided that the tenant has been notified and a certificate has been provided stating that the rent has not been deposited. The following conditions must be met:

The lease agreement must be in writing and signed by the landlord and tenant.
The rent specified in the contract must be a fixed amount, payable on a set date.
The lease agreement must be documented in accordance with Act No. 10 of 2020 and provided with an enforceability clause.

Article 26 (new in the Act): Appeals against decisions issued by Rent Divisions are heard by the Common Court as a court of appeal.

Article 2:

All cases pending before the Court of Appeal, except those already reserved for judgment, will be transferred to the Court of First Instance. These cases must be decided within one month of the adoption of this Decree-Law.