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A proposal to amend Bahrain’s rent law to introduce administrative fines on landlords or tenants who misuse family housing for other purposes has been recommended rejection by a key panel.
Parliament’s public utilities and environment affairs committee said the move lacks legal necessity and risks clashing with constitutional safeguards.
The draft amendment sought to add a new clause to Article 6 of the Bahrain Rent Law No 27 of 2014, empowering municipalities to impose an administrative fine – up to the value of a full year’s rent – if a property leased for family residential use is proven to be used for other purposes. If the landlord was unaware, the fine would shift to the violating tenant. It also proposed granting selected municipal staff judicial powers to document violations.
Committee chairman Mohamed Al Bulooshi said the panel unanimously concluded the proposal should be rejected.
“We found no genuine legislative gap that requires a new penalty. The existing legal and regulatory framework already provides effective tools to address misuse without creating additional financial burdens on citizens,” he said.
The committee reviewed the proposal across three meetings with multiple authorities. While the legislative and legal affairs committee confirmed the draft was constitutionally sound in form, nearly all consulted entities opposed it on substantive grounds.
The government argued the draft fails to meet the objective standards for imposing administrative penalties, citing shortcomings in legality, proportionality, clarity and procedural fairness. It warned that assigning punitive powers through administrative decisions – rather than judicial rulings – could conflict with constitutional protections under due process.
The Municipalities Affairs and Agriculture Ministry, Survey and Land Registration Bureau, and Real Estate Regulatory Authority all echoed the government’s reservations. Municipal councils in the Northern and Southern and the Capital Trustees Board also advised against the amendment.
The Bahrain Real Estate Development Association warned that introducing new fines could be perceived as regulatory tightening, potentially affecting investor confidence and increasing disputes over existing contracts. It also questioned how violations would be proven without infringing the constitutional sanctity of homes.
Mr Al Bulooshi said that municipalities already have practical enforcement tools through rent contract registration offices and existing decisions regulating group housing leases. These tools include the power to cancel registrations, require rectification within a specified period, and ultimately cut electricity and water services if violations persist. “These measures achieve the intended objective without resorting to new fines or expanding enforcement powers in ways that may create legal and practical complications,” he added.
The committee further noted that Article Six of the current law already obliges parties to specify the purpose of the lease and use the property accordingly, with eviction available as a remedy for breach, making additional financial penalties unnecessary.
The proposal originated as a parliamentary bill aimed at curbing the phenomenon of properties designated for family housing being repurposed for unrelated uses. However, the committee concluded that better enforcement and inter-agency co-ordination would be more effective than amending the law.
The topic will be debated during Tuesday’s weekly session.
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